A formal complaint is a document filed by a complainant alleging sexual harassment against a respondent and requesting that MCLA investigate the allegation. In some circumstances, the Title IX Coordinator can sign a complaint against a respondent if the complainant is unable or unwilling to file their own.
A complainant is any individual who is alleged to be the victim of conduct that could constitute sexual harassment. Complainants have the option of filing a formal complaint with the College.
At the time of the filing a formal complaint, a complainant must be participating in or attempting to participate in an education program or activity at MCLA.
For purposes of a formal complaint, education programs or activities include all MCLA operations, locations, events, or circumstances over which the MCLA exercises substantial control over both the respondent and the context in which the sexual harassment occurs.
Additionally, education programs and activities include:
A respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. A respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the investigation and resolution process.
Under MCLA’s Title IX Sexual Harassment Policy, Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following conditions:
Additionally, the following conduct constitutes sexual harassment:
Sexual Assault is an umbrella term for offenses classified as a forcible or nonforcible sex offenses under the uniform crime reporting system of the Federal Bureau of Investigation. Attempts to commit any of these acts is also prohibited. Sexual Assault includes the following:
Any act of violence or threatened violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) The type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship. This includes, but is not limited to, sexual, emotional or physical abuse, or threat of such abuse.
Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Engaging in a course of conduct directed (directly, indirectly, through a third party or other means) at a specific person that would cause a reasonable person to— (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. For the purposes of this Policy, the behaviors must be directly related to that person’s sex.
Neither the College nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX or this policy.
For complete policy information, please refer to the Equal Opportunity, Diversity, and Affirmative Action Plan (EO Plan).
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North Adams, MA 01247
800.969.MCLA or 413.662.5596