This Policy and the procedures outlined below apply exclusively to reported conduct that falls within the scope of the policy, and supersede any other previously-published College policies on issues related to sexual harassment, sexual misconduct, domestic violence, dating violence or stalking. Further, to the extent that this Policy and its procedures provide for the handling of allegations that fall within the definition of Title IX Sexual Harassment as outlined in the Department of Education’s May 2020 Title IX regulations, see 34 C.F.R. Part 106, such allegations will be handled exclusively as provided in this Policy and its procedures, rather than any policies or handbook procedures that would otherwise apply to College students, faculty or staff.

Consistent with Department of Education regulations and guidance, this Policy maintains a distinction between allegations of misconduct that would fall within the scope of the Department’s May 2020 Title IX regulations (that is, certain types of Sexual Harassment alleged to have been committed by or against students and/or employees in an education program or activity of the College, in the United States, on or after the August 14, 2020 effective date of the regulations, which are referred to in this Policy as “Title IX Sexual Harassment”), and other types of misconduct that would be covered by this Policy but that would fall outside the relatively narrow definition of Title IX Sexual Harassment (which are referred to in this Policy as “Non-Title IX Misconduct”). This delineation of applicable policies and procedures will apply regardless of when the alleged incident is reported.

In Title IX Sexual Harassment cases and Non-Title IX Misconduct cases as defined below that involve allegations that a student engaged in Prohibited Conduct as defined in this Policy, the policy language and procedures for either or both categories of cases outlined below will apply, as appropriate.

In Title IX Sexual Harassment cases as defined below that involve allegations that a College employee engaged in Title IX Sexual Harassment, the policy language and procedures for Title IX Sexual Harassment cases outlined below will apply, in accordance with applicable law. Allegations that a College employee engaged in sexual assault, dating violence, domestic violence and/or stalking, and that do not fall within the definition of Title IX Sexual Harassment, will be addressed through the Non-Title IX Misconduct policy language and procedures outlined below. Allegations that a College employee engaged in discrimination or harassment that does not fall within the definition of Title IX Sexual Harassment, and that does not involve alleged sexual assault, dating violence, domestic violence and/or stalking as defined in the Non-Title IX Misconduct definitions below, will be addressed through other employment-related policies, practices, handbooks and/or collective bargaining agreements, but will not be addressed through the policy language or procedures outlined in this Policy.

To understand how to file a complaint of sexual harassment/misconduct, domestic violence, dating violence and/or stalking at Saint Michael’s College, please see the section below on Complaint Procedures.