Sexual Harassment-Assault Reporting Procedures
Reporting Procedures for Students
If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence or other sexual misconduct by any member of the IHP community or while participating in an IHP sponsored activity, you may report such conduct or file a complaint under Title IX with the Title IX Coordinator for Students. The IHP has adopted both informal and formal resolution procedures to deal with harassment complaints
Informal Resolution
Upon receipt of a complaint and after discussion with the designated IHP official, the complainant may choose to utilize one of the following informal procedures:
1. One-on-one communication. If the complainant feels comfortable dealing with the situation without the direct involvement of a third party, he or she can communicate directly with the subject of the complaint. It is appropriate to use face-to-face individual communication only when the complainant does not feel threatened, there is no risk of physical harm, and if he or she believes the other person will be receptive. If the complainant chooses to communicate face-to-face, he or she should also send an email if possible and keep copies of written communication.
2. Communication with the assistance of one of the designated IHP officials. If the complainant chooses to proceed informally but would like the assistance of someone else, he or she may ask the designated IHP official for assistance. The complainant should not rely on other students or co-workers who are not familiar with IHP policy to intervene on their behalf when discussing their concerns with the subject of the complaint.
3. Mediation. Mediation consists of facilitated discussion conducted with the assistance of one of the designated IHP official. It is designed to help the parties to reach a mutually agreeable resolution of a dispute. Mediation may be appropriate when:
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The complainant and the subject of the complaint wish to continue to work together;
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The facts are not disputed, but the behavior was perceived as unwelcome and/or offensive;
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No one has been physically harmed;
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The complainant is able to articulate a desired outcome; and
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Both are committed to resolving their dispute and not “winning” an argument.
In cases involving complaints of sexual assault, use of informal resolution, including mediation, is not viewed as appropriate even on a voluntary basis and will not be used. Furthermore, complainants are not required to follow the informal procedures before filing a formal complaint. Finally, at any time during the informal process, the complainant may decide to stop the informal process and file a formal complaint instead.
Formal Resolution
The formal complaint procedure is initiated, preferably in writing, after the complainant requests a formal investigation be conducted. The Title IX investigation is led by the Title IX Coordinator and an appointed Committee to enforce the consistent application of IHP policy and procedures in relation to any report of sexual harassment/assault. No person who is the subject of a complaint will be assigned to investigate the complaint. The IHP is committed to undertaking fair and thorough investigations with due regard for the rights of all parties while also ensuring the complainant’s protections under the law. Consistent with due process, the accused person is presumed innocent until proven otherwise. All involved parties will be interviewed.
Upon receipt of a complaint, a member(s) of the Title IX Investigative Committee will conduct an initial assessment with the complainant in order to ensure a thoughtful and coordinated response to any report of harassment. This assessment will consider the nature and severity of the report, and the safety of the complainant and greater campus community. The assessment is also a forum for the complainant to request alterations related to academic classes, student life activities or other accommodations based on the circumstances. Decisions regarding such requests will be made by the member(s) of the Investigative Committee that conduct the assessment, after consultation with the Title IX Coordinator and appropriate IHP faculty and/or staff while preserving confidentiality to the extent possible.
Depending upon the circumstances, both the complainant and the subject of the complaint may be issued administrative orders to have no contact with each other. This allows the matter to proceed while at the same time trying to minimize any possible harassment or miscommunication between parties.
Findings of the investigation are then considered by the Title IX Coordinator and appropriate actions will be taken as outlined in the Institute’s Academic and Disciplinary Actions section of the catalog. Notice of outcome will be provided to both parties in writing. Except in unusual or unexpected circumstances, all harassment complaints will be investigated and a decision made and communicated within 30 business days of receiving the complaint. The Appeals process will be provided to both parties via the Student Grievance Procedure.
Please note that even if the complainant does not wish to pursue formal or informal resolutions and/or requests that his or her complaint remain confidential, the IHP will investigate and take reasonable action in response to the complainant’s information although its ability to respond may be limited. Even if the IHP cannot take disciplinary action because the complainant does not wish to do so or insists on confidentiality, the designated IHP official reserves the authority to take other reasonably necessary measures to limit the effects of the alleged harassment and prevent its recurrence. The privacy of all parties to a complaint of sexual misconduct will be strictly observed, except insofar as it interferes with the campus’ obligation to fully investigate allegations of sexual misconduct. In such instances, privacy will still be tightly controlled on a need-to-know basis.
MGH Security and/or local police may also be notified depending on the nature of the sexual misconduct. This does not mean charges will be automatically filed or that a complainant must speak with the police, but the campus may be legally required to notify law enforcement authorities. The campus also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.