Overview of the College of the Holy Cross Sexual Misconduct Policy1
I. Statement of Values
The College of the Holy Cross is a community of trust based in the Jesuit tradition whose existence depends on strict adherence to standards of conduct set by its members. Among these are standards regarding human sexuality, any expression of which must affirm the integrity and dignity of oneself and others. Sexual misconduct, in all forms, violates the sanctity of the human body and spirit and will not be tolerated within the College community. The College is committed to providing an environment of well-being, learning, and accountability for its members by preventing the occurrence of sexual misconduct and addressing its effects.
II. Commitment to Non-Discrimination
The College rejects and condemns all forms of harassment, discrimination, retaliation and disrespect, and is committed to sustaining a welcoming environment for everyone and especially for those vulnerable to discrimination on the basis of race, religion, color, national origin, age, marital or parental status, veteran status, sex, disability, genetic information, sexual orientation or gender identity. It is the policy of the College to adhere to all applicable state and federal laws prohibiting discrimination. The College does not discriminate unlawfully in admission to, access to, treatment in or employment in its programs and activities on the basis of a person’s race, religion, color, national origin, age, marital or parental status (including pregnancy or any pregnancy-related conditions), veteran status, sex, disability, genetic information, sexual orientation, gender identity or any other legally protected status, while reserving its right where permitted by law to take action designed to promote its Jesuit and Catholic mission. The following person has been designated by the College to respond to general inquiries regarding the College’s non-discrimination policies:
David Achenbach, Director of Human Resources
College of the Holy Cross
1 College Street
O’Kane Hall, Room B72
Worcester, MA 01610
III. How the College Seeks to Address Sexual Misconduct
A. The Sexual Misconduct Policy
The College’s commitment to non-discrimination includes an assurance that the College will not tolerate discrimination or harassment on the basis of sex, sexual orientation or gender identity, including, but not limited to sexual violence, dating or domestic violence, or stalking, or retaliation, in its community. The College follows through on that commitment, in part, through the implementation of a Sexual Misconduct Policy that defines prohibited conduct and the process by which the College will address such conduct in different circumstances. The College’s Sexual Misconduct Policy is composed of several components:
- Definitions of Prohibited Conduct (https://www.holycross.edu/sexual-respect-and-title-ix/definitions)
- Process for Resolving Complaints of Sexual Misconduct (https://www.holycross.edu/sexual-respect-and-title-ix/policy)
The Sexual Misconduct Policy applies to all College community members, and all members of the College community are responsible for being familiar with and abiding by the Sexual Misconduct Policy at all times.
The College will also provide additional relevant resources for the community on the Title IX website. While separate from the Policy, these additional resources are part of the College’s ongoing efforts to ensure an environment free of discrimination on the basis of sex.
B. Core Principles Relating to the Sexual Misconduct Policy
In developing and implementing its Sexual Misconduct Policy, the College is committed to the following core principles:
- The College’s policies, procedures, and practices are designed to reduce the incidence of sexual misconduct, stop misconduct when it is found to exist, prevent the misconduct from recurring, and address its effects.
- If sexual misconduct has occurred, the College wants to know so that it can take effective action to stop it, prevent it from recurring, and address its effects. The College recognizes that in some cases the persons affected by sexual misconduct will wish to remain anonymous and/or not pursue formal action. The College strongly encourages every person who has been subjected to sexual misconduct or who knows or reasonably believes that someone else has been subjected to such misconduct to come forward to report the matter – and, in the case of its employees, it requires them to do so, unless the employee learned the information in their role as a confidential counseling or pastoral resource or is otherwise exempt from reporting as a matter of law or College policy. In addition, the College strictly prohibits retaliation against any person who in good faith makes a report of sexual misconduct.
- Every complaint of sexual misconduct will be addressed thoroughly, promptly, fairly, and equitably.
- Complaints of sexual misconduct will be investigated, determinations of responsibility will be made, and sanctions for misconduct will be imposed by individuals who are appropriately trained, unbiased, and committed to discharging their responsibilities in accordance with the Policy.
- The College periodically will review its policies, procedures, and practices to ensure that they are consistent with these core principles. To encourage community input, strengthen trust in the Title IX process, and foster awareness of changes in the Sexual Misconduct Policy, any substantive revisions to the Policy will be made in consultation with appropriate representatives from the faculty, staff and/or student body, except insofar as a change is required by legal requirements and guidance.
IV. Role of the Title IX Coordinator and the Title IX Team
The Title IX Coordinator is charged with coordinating the College’s program to comply with Title IX. This includes leading the College’s efforts to respond to reports of conduct that could trigger the Sexual Misconduct Policy. The Title IX Coordinator is also available to meet with any individual to provide information about the implementation of the Sexual Misconduct Policy (including the availability of interim measures, the investigation, and the resolution/sanction process), as well as discussing other resources within the College community and beyond. The Title IX Team, including the Title IX Coordinator, Deputy Title IX Coordinators, and/or other qualified members of the College community, will assist, as necessary, with these efforts.
The Title IX Coordinator at least annually will report to the College community relevant information relating to the Sexual Misconduct Policy, such as the number and types of matters investigated, the number and types of cases in which findings of responsibility were made, the number and types of sanctions imposed, and the time frames in which cases were resolved
The College’s Title IX Director is:
Director of Title IX and Equal Opportunity
O'Kane Hall, Room 175
Where the Title IX Coordinator is listed as the designated point of contact for any role in the Sexual Misconduct Policy, he or she may designate a Deputy Title IX Coordinator or another appropriate member of the College community to assume the role at issue, as necessary. Each of these individuals is available to receive a report from any member of the College community who believes the Sexual Misconduct Policy has been violated. The Deputy Title IX Coordinators can also assist others, including Responding Parties and witnesses in understanding the College’s Sexual Misconduct Policy and procedures.
The College’s Deputy Title IX Coordinators are:
Chief Risk & Compliance Officer
O'Kane Hall, Room 158
Director of Human Resources
Human Resources, O'Kane Room 72
Associate Dean of Students
Hogan Campus Center, Room 109
Chief Information Officer
Smith Hall, Room 101
Senior Associate Director, HR/OD
Human Resources, O'Kane Room 72
Senior Associate Director of Athletics/Senior Woman Administrator
Luth Athletic Complex, Room 243B
V. College Resources and Other Community Resources
There are several departments within the College community that can be called upon to respond to incidents of behavior that could be subject to the Sexual Misconduct Policy and can serve as supports to individuals in many different ways. These resources are available to both Complaining Parties and Responding Parties. Please see College and Community Resources.
VI. To Print This Policy
- To print the entire College of the Holy Cross Sexual Misconduct Policy (August 31, 2019)
- To print the entire College of the Holy Cross Sexual Misconduct Policy (January 22, 2019)
- To print the entire College of the Holy Cross Sexual Misconduct Policy (September 5, 2018)
- To print the entire College of the Holy Cross Sexual Misconduct Policy (October 1, 2017)
- To print the entire College of the Holy Cross Sexual Misconduct Policy (September 26, 2016)
(1) This amended Sexual Misconduct Policy, is effective as of August 31, 2019. The procedures in this Policy generally will apply to complaints made on or after that date while the conduct standards that apply generally will be those in effect at the time of the conduct at issue, unless the Title IX Coordinator determines otherwise in his or her discretion. Prior versions of this Policy are available at https://www.holycross.edu/sexual-respect-and-title-ix/overview.
(2)This includes the right to reasonable accommodations in connection with pregnancy or a condition related to pregnancy including, but not limited to, lactation, or the need to express breast milk for a nursing child. Please see the Reasonable Accommodation Procedures for Employees, Applicants for Employment and Third Parties (PDF) for further information.