Overall Applicability and Scope

Any person subject to or witnessing discrimination, harassment, sexual misconduct, sexual assault, dating and domestic violence, and/or stalking at or involving Berklee in any way is encouraged to make a report to the Chief Equity Officer/Title IX Coordinator.

The Equity and Title IX Policies apply generally to all members of the Berklee community (including undergraduate and graduate programs at Berklee, the Boston Conservatory at Berklee, Berklee Valencia, Berklee NYC, and Berklee Online), including students, faculty, staff, recognized groups, and applicants for admission or employment. The policies may also apply to alleged misconduct by third parties (i.e., visitors, independent contractors), where their conduct is directed toward or otherwise affects or may affect Berklee community members. 

The Equity and Title IX Policies apply 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 someone as long as they are 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 person who is found responsible may be removed or prohibited from campus or Berklee programs or activities regardless of status.

This 

 provides an overview of the circumstances under which the Title IX Policy or the Equity Policy may apply.

The Title IX Policy will apply ONLY when three basic circumstances are met:

  1. Conduct is on the basis of sex and satisfies one or more of the following:
    • A school employee conditioning education benefits on participation in unwelcome sexual conduct;
    • Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or
    • Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act.
  2. The conduct occurs:
    • in the United States and within Berklee’s programs or activities (including but not limited to on Berklee’s campus and in buildings owned or controlled by student organizations officially recognized by Berklee);
    • electronically, when in the context of a program or activity of Berklee;
    • off campus if any of the three following conditions are met:
      • the incident occurs as part of Berklee’s programs or activities; 
      • Berklee exercised substantial control over the respondent and the context of alleged Title IX sexual harassment that occurred off campus; or
      • a Title IX sexual harassment incident occurs at an off-campus building owned or controlled by a student organization officially recognized by Berklee.
  3. The complaining party is participating in or attempting to participate in an education program or activity at the time the complaint is filed.

If these factors are not met, the Equity Policy may apply instead. The Equity and Title IX Office will discuss relevant processes with the reporting parties and determine applicability of the policies based on the circumstances.

Misconduct which may be actionable under the Title IX Policy can occur in conjunction with misconduct which may be actionable under the Equity Policy. When reports actionable under the Title IX Policy include allegations that also fall under the Equity Policy, the College may determine that all allegations will be adjudicated under the policy and process set forth under the Title IX Policy.