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Sexual Violence Policy and Information

MCLA is committed to creating and maintaining an environment where sexual abuse, sexual assault, and rape are not tolerated and where all members of the College community are educated in preventing such an incident. All reported incidents will be investigated. Sexual assault, sexual abuse, rape, stalking, and sexual harassment will result in disciplinary action up to and including dismissal from the College.

The College does not tolerate sexual assault in any form. Rape and other sexual assaults are violations of Commonwealth law, as well as College policy prohibiting sexual assault.  Any person charged with sexual assault can be prosecuted under Massachusetts criminal statutes and  an MCLA student may also be disciplined under the MCLA student conduct process. Under Massachusetts law, rape is a felony offense, punishable by imprisonment in a state prison. If found responsible under the College's student conduct code, the student could be removed from College residence areas and/or suspended or dismissed from the College. Even if criminal justice authorities choose not to prosecute an alleged assailant, student conduct action may be pursued if the College believes that sexual assault has occurred. Definitions of terms such as sexual assault, sexual harassment, rape and acquaintance rape can be found in the Special Behavioral Standards for Students at MCLA section of this handbook.

If the College suspects a sexual assault or rape was committed by an enrolled MCLA student, the College, may immediately suspend the alleged perpetrator from the residential facility and/or College pending the outcome of a hearing. Alternative academic or living arrangements for the accused and/or the survivor may also be made by the College if appropriate and reasonably available.  For additional information, please contact the Student Affairs Division Office.

1. Procedures for Reporting Sexual Assault at MCLA

All criminal actions or other emergencies occurring on campus should be reported to the Department of Public Safety. Public Safety staff will assist the victim in reporting the case of alleged sexual assault to other appropriate agencies. The emergency telephone number is 662-5100 or 911 from on campus. If you are a victim and decide not to notify Public Safety, please:

  • Get immediate emotional support.
  • Get to a safe place.
  • Get immediate medical attention.

Confidentiality - All police contacts with victims of sexual assault are private matters. Massachusetts law guarantees the privacy of sexual assault victims. The identity of victims will be kept private and will not be released to anyone without the victim's consent, including College officials or any media.

2. IF YOU ARE RAPED OR SEXUALLY ASSAULTED:

  • Go to a safe place.
  • Don't wash, douche or change clothes before getting help.
  • Don't touch any evidence of struggle or disarray. If you choose to report the incident to the police (then or later), this evidence is very important.
  • Seek medical attention. Try to engage the help of someone you trust to go with you.
  • Seek professional counseling for support and to help prevent post-traumatic stress disorder.
  • Don't isolate yourself.
  • Be patient with yourself; it takes time to recover and trust again.
  • Don't blame yourself. The person who committed the assault is responsible. Sexual penetration without your consent (even with a date) is RAPE.

3.  Where to Get Confidential Help

Any student who feels he/she has been sexually assaulted should report the matter to any of the following staff and/or office representatives:

MCLA Department of Public Safety / Campus Police 911 or (413) 662-5100. The Department of Public Safety can also provide information concerning civil and criminal proceedings.

MCLA Health Services, (413) 662-5421

MCLA Counseling Services, (413) 662-5331

MCLA Residential Programs & Services, (413) 662-5249

MCLA Student Affairs Division Office, (413) 662-5231

MCLA Director of Human Resources, Marilyn Truskowski, (413) 662-5560

North Adams Regional Hospital Emergency Room, (413) 664-5256

The Elizabeth Freeman Center, (24 hour hotline 413-663-9709), a local rape crisis center with offices in North Adams and Pittsfield.

Information concerning sexual assault incident aftermath and College complaint processes is available in these locations. 

4. Rape/Sexual Assault/Sexual Abuse Survivors

Many survivors of violent crimes, and especially survivors of sexual assaults, experience emotional distress. Victims become survivors by taking control of their lives again. The process of surviving begins by making sure you receive the physical and emotional care you need. Also, it's important to learn about your rights. A student, staff or faculty member who is a victim of rape, sexual assault, or sexual abuse is strongly encouraged to report this crime immediately to the Department of Public Safety. The College may provide support to survivors of sexual offenses through a variety of resources including Counseling Services, Health Services, Department of Public Safety, Residential Programs & Services, and the Student Affairs Division Office. It is each survivor's individual decision whether to report these crimes to the local police, but the College urges that reporting take place to help assure a safe living and working environment for the entire College community. Even if a survivor does not wish to pursue a criminal prosecution or initiate a formal complaint, the College urges that the victim notify campus authorities so appropriate support services can be pursued in an informed manner.

5. Survivors of rape or sexual assault have the following rights:

  • Determine whether or not you want to cooperate with law enforcement authorities;
  • Pursue disciplinary action against the perpetrator through the MCLA student conduct system;
  • Confidential counseling services by a trained therapist;
  • Receive confidential support and information regarding the choices that are available to you;
  • Confidential medical treatment;
  • Academic support from faculty and administrators;
  • Request a change in your on-campus housing if you feel that you are not safe in your current residence;
  • Determine whether or not your parents will be notified;
  • Not to be harassed by the perpetrator or the perpetrator's friends;

6.      Survivors are also entitled to the additional rights within the College student conduct system:

  • To have a person of the student's choice accompany her/him throughout the student conduct hearing, which may take an extended period of time.
  • To give testimony in the presence of the accused at the hearing or to give evidence to the Hearing Board without physically appearing before the board through the use of a speaker telephone.
  • To remain present during the entire proceeding.
  • Not to have the student's irrelevant past sexual history discussed during the hearing.
  • To be informed of the outcome of the hearing.

7.   Accused persons have the following rights under the student conduct system:

  • To have an immediate review of the suspension decision if applicable.
  • To have a person of the student's choice accompany him or her throughout the hearing, which may take an extended period of time.
  • To have access to information in a timely fashion so as to prepare appropriately for the hearing.
  • To ask questions after the case has been presented in a hearing.
  • Not to have the student's irrelevant past sexual history discussed during the hearing.
  • To be informed of the outcome of the hearing.

8. Rape Prevention/Personal Safety

  • Prevention is being alert and prepared.
  • Lock your room at all times. Lock your townhouse door as well.
  • Use the peephole in your door.
  • Avoid poorly lighted streets, alleys and pathways.
  • Keep alert - if you see a person acting suspiciously head for bright lights and people.
  • Never jog/walk alone. Stick to a planned route and run with a friend.
  • Never hitchhike.
  • Be aware of your surroundings.
  • Your first defense is noise - scream! Scream "fire" not "help" to attract more attention.
  • Don't get in an elevator if there is someone suspicious already in the car.
  • Convey confidence through body language. Walk with your head up and be alert.
  • Don't mark your room key or key chain with your name, address, or telephone number.
  • If a person at a party insists or pressures you to accept a ride home, become suspicious and do not accept the offer.
  • If you use alcohol, do so responsibly.
  • Never leave your drink unattended.
  • In a dating situation, define exactly what you want from a relationship.
  • Always strive to say what you really mean. Be assertive. Maintain control over your personal life.
  • Trust your instincts. If you feel it is not right, it probably is not.

9. Sex Offender Registry and Access to Related Information

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, went into effect October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a state to provide notice as required under state law of each institution of higher education in that state at which the person is employed, carries on a vocation, or is a student. In the Commonwealth of Massachusetts, convicted sex offenders must register with the Sex Offender Registry Board. Information concerning offenders registered with the Sex Offender Registry Board may be disclosed to any person 18 years of age or older, requesting information on a specific individual in accordance with the law. Information regarding a specific person requested pursuant to the law shall be disseminated upon receipt of an official request form, which may be obtained through the City of North Adams Police Department. Information concerning offenders may also be available electronically through contact with the appropriate web site related to the Massachusetts Sex Offender Registry Board. The pertinent web site address for securing related information is: http://www.state.ma.us/sorb/