Sexual Harassment and Discrimination Policies and Laws

Some of the conduct prohibited by this policy may also constitute violations of the law. The following are definitions compiled from the Massachusetts General Laws applicable to certain relevant offenses.

Dating and Domestic Violence
Massachusetts law has no statutory definition of "dating violence" or "domestic violence," but there is a related crime of "domestic abuse" defined as: the occurrence of one or more of the following acts between family or household members: attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm; and causing another to engage involuntarily in sexual relations by force, threat, or duress. Under this law, family or household members include people who are or were married, residing in the same household, related by blood or marriage, have a child together, or have a substantive dating or engagement relationship. See M.G.L. c. 209A, § 1. 

Sexual Assault
There is no crime called "sexual assault" in Massachusetts; however, there are related crimes that constitute sexual offenses:

• "Rape," which is defined as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Under state law, rape occurs when the offender has "sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his/her will, or compels such person to submit by threat of bodily injury." See M.G.L. c. 265, § 22.
• A sexual assault that does not meet the legal definition of rape may constitute "indecent assault and battery," which occurs when the offender, without the victim's consent, intentionally has physical contact of a sexual nature with the victim. See M.G.L. c. 265, § 13H.
• "Statutory rape," which is defined as non-forcible sexual intercourse with a person who is under the statutory age of consent.  In Massachusetts the statutory age of consent is 16 years of age.See M.G.L., c. 265, §23. 

Stalking
Under Massachusetts law, M.G.L., c. 265, §43, an individual engages in stalking if she/he: 1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress; and 2) makes a threat with the intent to place the person in imminent fear of death or bodily injury. 

Consent
Massachusetts does not have a specific definition for consent in this context.  Instead, Massachusetts has several laws that define the age of consent and the additional penalties that attach if a person is under the age of 16 or 14.  In Massachusetts, it is illegal to have sex under any circumstances with someone who is incapable of giving consent due to incapacity or impairment; incapacity or impairment may be caused by intoxication or drugs, or because a victim is underage, mentally impaired, unconscious, or asleep. 

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

--Title IX of the Education Amendments of 1972

Curry College's Equity Compliance & Title IX contact is:

Juan Hernandez
Vice President of Diversity, Equity, and Belonging
King Academic Administration Building, 121
617-333-2394
juan.hernandez@curry.edu

Curry College affiliates, including third parties, can contact Elizabeth if they:

• have questions about how Title IX might apply to them.
• are concerned that Curry should more fully address its Title IX requirements.
• want to receive Title IX-relevant training or recommend training for others.
• have questions about rights, resources, or options for those experiencing sex-based or gender-based harassment, including but not limited to sexual harassment/assault, intimate partner violence (also known as dating/domestic violence), and stalking.
• wish to report an instance of sex-based or gender-based harassment, including but not limited to sexual harassment/assault, intimate partner violence (also known as dating/domestic violence), and stalking.

Inquiries about discrimination or harassment covered by Curry's policy may also be directed to:

U.S. Department of Education: Office for Civil Rights
5 Post Office Square, 8th Floor, Suite 900
Boston, MA 02109-3921
617-289-0111 

Equal Employment Opportunity Commission
JFK Building, Room 475
15 New Sudbury Street, Boston, MA 02203
617-565-3200

Massachusetts Commission Against Discrimination
One Ashburton Place
Boston, MA 02108
617-727-3990