Sanctions

Possible Sanctions are outlined below. If a respondent is found by the decision-maker to be responsible for Sexual Harassment, the Chief Equity Officer/Title IX Coordinator, in consultation with the decision-maker (as applicable) and others, including Human Resources as appropriate, will determine a disciplinary sanction that is appropriate based on the circumstances. The goal of sanctions is to: (1) end the misconduct or harassment; (2) remedy its effects on the Complainant and/or the Berklee community; and (3) take reasonable steps calculated to prevent its recurrence.

i. Possible Sanctions and Remedies

Sanctions for Title IX Sexual Harassment may range from mandated education, a formal warning, probation, suspension, expulsion (for students), or corrective action up to and including termination (for employees).

Sanctions may also require that existing supporting measures stay in place for a prescribed period of time. Likewise, sanctions may involve the imposition of new remedies, such as no-contact orders, disciplinary probation, housing placement, or academic adjustments, based upon the facts developed during the investigation, hearing, and the conclusions reached in the case.

Below is a list of potential sanctions. While these represent sanctions generally assessed, Berklee may take other measures not mentioned here, depending on the particular circumstances of a case:

Student Respondent:

  1. Disciplinary Warning;

  2. Disciplinary Probation;

  3. Residential Probation;

  4. Residential Suspension;

  5. Suspension;

  6. Expulsion; 

  7. Fines;

  8. Behavioral Agreements;

  9. No-contact Orders;

  10. Letter of Apology;

  11. Reflection/Research Papers;

  12. Community Restitution;

  13. Mandatory training and education;

  14. Mandatory meeting(s) with Chief Equity Officer/Title IX Coordinator or designee;

  15. Mandatory counseling.

Staff or faculty Respondent:

  1. No-contact orders;

  2. Mandated counseling, education, and/or training;

  3. Verbal warning;

  4. Written warning;

  5. Final written warning;

  6. Suspension;

  7. Involuntary termination.

ii. Determination of Sanctions

Sanctions will be determined by the Chief Equity Officer/Title IX Coordinator, in consultation with the decision-maker and others, including Human Resources as appropriate. For staff responding parties, the director of employee relations will also be consulted and may make recommendations. For faculty responding parties, a dean or other individual designated by the provost will be consulted in an advisory or consultative capacity.

In general, in determining the appropriate sanctions, the Chief Equity Officer/Title IX Coordinator in consultation with the decision-maker and others, including Human Resources as appropriate, will be guided by a number of factors, including but not limited to restoring or preserve equal access to the Berklee’s Program or Activity; the nature, severity, and circumstances of the violation; disciplinary history and previous acts of similar misconduct; the need for sanctions to bring an end to and prevent recurrence of discrimination, harassment, or retaliation; the need to remedy the effects of the discrimination, harassment, or retaliation on the Complainant and the community; and any other factors deemed relevant.

iii. Mandatory Minimum Suspension for Nonconsensual Penetrative Sex Act(s) with Exacerbating Factors 

Upon a finding that a student is responsible for engaging in a nonconsensual penetrative sex act, the Respondent shall be suspended for a minimum of two (2) calendar years, or a longer period up to and including expulsion, if one or more of the following factors are found by a preponderance of the evidence. The Chief Equity Officer/Title IX Coordinator shall have the discretion to impose a greater period of suspension or expulsion depending on the circumstances.  

  1. Proven history of prior sexual misconduct by the Respondent;

  2. Whether the Respondent has a proven history of violating no-contact orders or restraining orders;

  3. Whether the sexual misconduct involved the use of physical force, including but not limited to restraining, strangling, hitting, punching, slapping, or kicking;

  4. Whether the sexual misconduct involved the use of a weapon;

  5. Whether the Respondent facilitated the sexual misconduct through the use of drugs, alcohol, or other intoxicants;

  6. Whether the sexual misconduct occurred by knowingly taking advantage of the incapacitation of the Complainant;

  7. Whether the sexual misconduct involved multiple victims;

  8. Whether the sexual misconduct was committed by multiple individuals acting together;

  9. Whether the sexual misconduct included the recording, photographing, transmitting, viewing, or distributing of intimate or sexual images without consent;

  10. Whether the Respondent threatened violence against the Complainant or others.

Engaging in any other prohibited activity under this policy may result in a sanction greater than this minimum suspension period, even absent any of the factors noted above, depending on the circumstances and other factors noted in herein.

iv. Support Measures

Support measures put in place during the investigation and hearing may be continued or implemented as part of sanctions. Even if a Respondent is found not responsible, the Chief Equity Officer/Title IX Coordinator, in his or her discretion, may determine that support measures will remain in place depending on the circumstances.

v. Reinstatement Following a Sanction 

Any reinstatement following a period of suspension for any violation is conditional. Students who wish to return to Berklee following a term of disciplinary suspension for sexual misconduct must demonstrate that they are prepared to return to the College and meet behavioral expectations. Reinstatement is not automatic. 

Students who request to be reinstated following disciplinary suspension for sexual misconduct must obtain clearance from the Chief Equity Officer/Title IX Coordinator. Such requests must be submitted in writing at least six (6) weeks prior to the beginning of the semester.  

Any student who has outstanding sanctions must complete them prior to reinstatement.

vi. Conditions of Reinstatement

Students who are being reinstated after suspension for Title IX Sexual Harassment will have the following requirements:

  1. Disciplinary probation: Students who are reinstated after suspension will be placed on disciplinary probation for the remainder of their time at Berklee. Students on disciplinary probation are restricted from (1) study abroad; and (2) certain leadership positions and opportunities within the college. Students who violate any policies of the College or exhibit behavior prohibited by the College may face more serious disciplinary sanctions, including immediate dismissal from the College with no reimbursement of fees or tuition.

  2. Academic work: Any academic work completed elsewhere during the term of suspension will not be transferred and counted towards the student’s completion of a Berklee degree or certificate of any type, regardless of proof of good disciplinary standing at that institution. Sanctions implemented under this policy supersede any academic plan implemented as part of academic probation or suspension.

  3. Proof of good standing: If a student has attended another institution of higher learning during the period of suspension, they will be required to provide (1) proof of good disciplinary standing from each institution attended; and (2) a copy of their student conduct record from each institution attended.  

  4. Financial aid/scholarships: Students who are seeking reinstatement from suspension must work with the Financial Aid Office to determine what, if any, impact their suspension may have on any scholarship or financial aid.

  5. Complaints of sexual misconduct: Prior to reinstatement, a student must notify the College if they have been the subject of any complaints of sexual misconduct during the period of suspension, whether at an educational institution, through law enforcement, employment, or otherwise.  

  6. Re-entry meeting: Students applying for reinstatement must schedule a meeting with the Chief Equity Officer/Title IX Coordinator prior to the desired term of re-enrollment to review the student’s progress, assess readiness to return to the institution, review the Equity Policy and Process, and discuss expectations for re-entry.

  7. Check In: Depending on the circumstances, the Chief Equity Officer/Title IX Coordinator may require the Respondent to check in periodically to assess the student’s transition and compliance.

These or similar conditions may also apply to return to campus for any other violation of this policy.

vii. Accommodations for Complainant Upon Reinstatement Following Suspension

The Chief Equity Officer/Title IX Coordinator or designee will promptly notify the Complainant (1) if the Respondent requests reinstatement following a period of suspension for Sexual Harassment; (2) of the reinstatement decision; and (3) when the Respondent is expected to return to campus.  

The Chief Equity Officer/Title IX Coordinator will be available to meet with the Complainant prior to the Respondent’s reinstatement to discuss whether accommodations are required, including but not limited to:

  1. implementing or extending a no-contact order or restraining order;

  2. on-campus housing accommodations;

  3. accommodations for on-campus employment or internships; 

  4. making accommodations for class schedules; 

  5. making referrals to confidential resources;

  6. other accommodations that the Chief Equity Officer/Title IX Coordinator deems necessary for the safety and well-being of the parties.

The processes and potential accommodations set forth in this section may differ depending on the wishes of the Complainant concerning receipt of such notifications and the then-current status of the Complainant (i.e., whether or not they remain affiliated with Berklee) which may affect the ability to implement certain accommodations.