Policies & Procedures

What is Title IX?

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX states, “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[.]” All federal agencies that provide grants of financial assistance are required to enforce Title IX’s nondiscrimination mandate. The U.S. Department of Education gives grants of financial assistance to schools and colleges and to certain other entities, including vocational rehabilitation programs and libraries.

Examples of the types of discrimination that are covered under Title IX include but are not limited to: sex-based harassment; sexual violence; the failure to provide equal athletic opportunity; sex-based discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs; discriminatory application of dress code policies and/or enforcement; and retaliation.

Sexual Misconduct Policy

Amnesty Policy

Curry College encourages the reporting of incidents of sexual misconduct, sexual harassment, bias and discrimination. The college recognizes that a student who has been using drugs or consuming alcohol during or near the time of an incident may be hesitant to make a report or to respond fully during an investigation because of potential consequences under the Code of Conduct for their own behavior. A student involved in informal or formal complaint procedures either as reporting party, responding party, or witness, will not be subject to disciplinary action under the College’s Code of Conduct for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations were not reasonably likely to place the health or safety of any other person at risk. The College may initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs to protect the health and well-being of the student.

Effective Consent

Effective consent is informed, knowing and voluntary. The College defines effective consent as mutually understandable words or actions which indicate willingness to participate in mutually agreed-upon sexual activity. Effective Consent cannot be given by minors (in Massachusetts, those not yet sixteen (16) years of age). Effective Consent cannot be given by individuals who have a mental disability that results in their being unable to provide informed, knowing and voluntary consent. Effective Consent cannot be given by those who are unconscious, unaware or otherwise physically helpless. Consent obtained as a result of physical force, threats, intimidation (implied threats), duress or coercion is not Effective Consent. A person who knows or should reasonably have known that another person is incapacitated may not engage in sexual activity with that person, and there can be no Effective Consent in such situations. Effective Consent cannot be given by those who are incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary). In addition, incapacitation may result from mental disability, sleep, or involuntary physical restraint, and there can be no Effective Consent in such situations.

Nondiscrimination Policy

Retaliation

Retaliation means taking an adverse action against someone for making a complaint, assisting with an investigation, or participating in a proceeding related to sex discrimination. This protection extends to students and employees. Adverse educational or employment actions such as undeserved failing grades, or being denied opportunities provided to similarly situated individuals, refusing a promotion, demotion, or termination of employment are examples of retaliation.

Title IX Procedures

Non-Title IX Procedures