Applicability and Scope

Who

This policy applies generally to:

  • all members of the Berklee community (including undergraduate and graduate programs at Berklee College of Music; Boston Conservatory at Berklee; Berklee's campus in Valencia, Spain; and Berklee Online), including students, faculty, staff, recognized groups, and applicants for admission or employment;
  • alleged misconduct by third parties (e.g., visitors, independent contractors, and others who are neither students nor employees), where their conduct is directed toward or otherwise affects or may affect Berklee community members; and
  • reports by third parties against a current member of the Berklee community, where, at the chief equity officer/Title IX coordinator’s sole discretion, the conduct described in the complaint constitutes a sufficient present or future risk to the Berklee community to warrant further review.

Where

This policy applies to:

  • conduct that occurs on campus (in Boston or in Valencia), including online or electronic conduct initiated or received on campus or through use of Berklee computing or network resources; and
  • conduct that occurs off campus, including online or electronic conduct, when the conduct:
    • occurs in the context of an employment or educational program or activity of Berklee;
    • has the effect of continuing adverse effects on campus, including adverse impact on any member of the Berklee community or Berklee itself;
    • has continuing adverse effects in an off-campus employment or education program or activity, such as travel abroad, research, performances, or internship programs;
    • causes concern for the safety or security of Berklee’s campus; or
    • has or may have the effect of contributing to or continuing a hostile environment in a Berklee program or activity.

What

This policy applies to:

  • all forms of prohibited conduct defined below, including, but not limited to, discrimination, harassment, sexual misconduct, sexual assault, dating and domestic violence, and stalking; and
  • any other policy violation related to discrimination on the basis of a protected characteristic, which may also be addressed under this policy and the equity complaint process that follows.

Protected characteristics include age, ancestry, color, disability, gender, gender expression/identity, genetic information, marital status, mental illness, military/veteran status, national and ethnic origin, pregnancy, race, religion, sex, sexual orientation, transgender status, or any other characteristic protected by law, whether that characteristic is actual or perceived.

When

This policy applies regardless of the length of time since the conduct occurred. Berklee encourages those who experience or witness discrimination and/or harassment to report incidents as soon as possible in order to maximize Berklee’s ability to obtain evidence and conduct a thorough investigation. Disciplinary action can generally only be taken against a responding party as long as that person is enrolled, employed, or otherwise involved with Berklee. Even if Berklee’s disciplinary options are limited, it may still take steps to attempt to end the harassment, address its effects, and prevent its recurrence. Any responding party who is found responsible may be removed or prohibited from campus or Berklee programs or activities regardless of status.

The chief equity officer serves as Title IX coordinator and oversees this policy and implementation of the equity complaint process. In addition to coordinating the equity complaint process generally, the Title IX coordinator is charged with the responsibility of coordinating Berklee’s efforts to comply with its obligations under Title IX, including addressing complaints of sexual misconduct, coordinating investigations, overseeing sanctioning, and providing appropriate interim measures for the Berklee community.

Inquiries about this policy and procedure should be made to:

Inquiries about discrimination or harassment covered by this policy may also be directed to:

  • U.S. Department of Education: Office for Civil Rights, 5 Post Office Square, Eighth 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