For any individual subject to or witness to physical violence of any type, the first step is always the same: get to a safe place as soon as possible. If emergency assistance is required, call 911. If emergency assistance is not required, call a trusted friend or advocate. Any individual subject to physical violence should consider seeking medical attention. Take care to preserve any evidence of the incident, even if there is uncertainty whether a claim will be filed or legal action will be taken. This may assist in proving that a criminal offense occurred or be helpful in obtaining a protection order, should the individual choose to do so later.
If any individual has been subject to or witnessed sexual harassment or sex discrimination, the following options are available. Individuals may pursue some or all of these options simultaneously:
- Seek confidential support and counseling, and learn about support and reporting options (both on and off campus) in a confidential setting from the personal counseling staff located in Counseling Services (617-747-2310).
- A survivor advocate, who may be reached from 9:00 a.m. to 5:00 p.m. from Monday through Friday at 617-747-6657, has been designated as a confidential resource for students who have experienced sexual assault, sexual harassment, stalking, and/or dating and domestic violence.
- Report the incident to or file a complaint with Berklee, including reporting to a faculty or staff member.
- Notify law enforcement authorities and file a criminal complaint by calling Berklee Public Safety (617-747-8888), 911, or other law enforcement units listed in this policy.
Individuals who have been subject to or who have witnessed conduct prohibited by this policy are encouraged to seek support for their emotional and physical needs. A person seeking confidential emotional or health care may contact the following resources.
A report to a confidential resource listed below is not a report to Berklee and will not result in remedial action, an investigation, or disciplinary action. Confidential resources are there to support emotional, physical, and spiritual needs only; any person who desires for Berklee to take investigatory/disciplinary action must make a report to one of the Berklee reporting resources, listed below this section.
For students, the following staff members within the student health and wellness team are confidential resources:
- Survivor advocate: The survivor advocate provides confidential support for students who have experienced sexual assault, sexual harassment, stalking, and/or dating or domestic violence. The survivor advocate can be reached at 617-747-6657 from Monday through Friday from 9:00 a.m. to 5:00 p.m.
- Professional counselors: These counselors can be reached in the Counseling Center (617-747-2310) between 9:00 a.m. and 5:00 p.m. from Monday through Friday. In the Counseling Center, personal counselors are experienced in working with individuals who have experienced trauma, including trauma from sexual violence.
These individuals will maintain the confidentiality of a report unless (i) they are given permission to share information by the person who disclosed the information; (ii) there is an imminent threat of harm to self or others; (iii) the conduct involves suspected abuse of a minor under the age of 18; or (iv) as otherwise required or permitted by law or court order.
For EmployeesEmployee Assistance Program New Directions 1-800-624-5544 eap.ndbh.com | berklee.edu/human-resources/employee-assistance-program-eap
Emergency Medical AttentionBeth Israel-Deaconess Hospital: 617-754 2450 Massachusetts General Hospital: 617-724-4100 Brigham and Women’s Hospital: 617-732-5636 Boston Medical Center: 617-414-4075
In cases of sexual violence, Berklee encourages individuals to request a Sexual Assault Exam at any of the above hospitals. The exam includes preventive treatment for sexually transmitted infections, pregnancy, and evidence collection, if sought. The exam is conducted by a Sexual Assault Nurse Examiner (SANE) who is a Registered Nurse with advanced training and certification in conducting sexual assault exams. If an individual chooses not to preserve evidence or seek medical assistance, any of the other options outlined here may still be taken.
Other confidential resources related to sexual misconduct or relationship violence are available online at berklee.edu/equity.
Note: While the above confidential resources may maintain an individual’s confidentiality vis-à-vis Berklee, they may have reporting or other obligations under state law, such as mandatory reporting to the Department of Children and Families in the case of minors; threat of imminent harm to self or others; or the requirement to testify if subpoenaed in a criminal case. At the beginning of any conversation, individuals may want to consider asking resources to describe their level of confidentiality.
All Berklee employees (including staff, administrators, faculty, and resident assistants)—with a few limited exceptions—are considered “Responsible Employees” under this policy and as a result are required to promptly report allegations of violations of this policy that they observe or learn about to the Chief Equity Officer/Title IX Coordinator, Kelly A. Downes, email@example.com.
Although Responsible Employees are required to report conduct under this policy to the Chief Equity Officer/Title IX Coordinator, they will otherwise maintain the privacy of the information related to the matter reported, meaning they will only share it with the Chief Equity Officer/Title IX Coordinator and other employees with a need to know.
All Responsible Employees are required to report any incident that may violate this policy, even if the person(s) concerned about or affected by the misconduct is unsure about pursuing a formal complaint. The Chief Equity Officer/Title IX Coordinator, who will assess the report and consult with the Complainant, will review the reported allegation(s). Responsible employees who knew about but did not report allegations of violations of this policy may be subject to disciplinary action.
Note, however, that Responsible Employees are not required to report information about violations of this policy learned through public awareness events such as “Take Back the Night” or other forums at which individuals disclose experiences with sexual violence or other violations of this policy. Berklee will only proceed with an inquiry or investigation in these circumstances if the disclosing person(s) wishes to file a complaint.
The conduct discussed in this policy may also constitute violations of the law, to which other laws and regulations may apply beyond the scope of this policy and Berklee’s disciplinary measures. Definitions under state and federal criminal law for some of the conduct described under the policies such as relationship violence (including dating and domestic violence) and stalking can be found online at berklee.edu/equity/criminal definitions.
A victim of a crime is encouraged, but is not required, to report the incident to the Berklee Public Safety Department and/or local law enforcement in order to pursue criminal charges. A person may pursue a criminal complaint, a complaint to Berklee, both, or neither. The fact that there is a criminal complaint filed will not prevent Berklee from taking its own internal investigatory and disciplinary action. In some cases, however, Berklee may delay temporarily its internal processes while a law enforcement investigation is ongoing. Any person may call the Berklee Public Safety Department (617-747-2333) or 911 for immediate safety assistance. Berklee can assist in making a criminal report to local law enforcement and will cooperate with law enforcement agencies if a community member decides to pursue the criminal process, to the extent permitted by law. Criminal complaints may be filed by contacting Berklee Public Safety (617-747-2333) or local law enforcement (911).
In criminal cases, the preservation of evidence is critical and should be done properly and promptly (as soon as possible, but typically within 5 days). In cases of rape or other forms of sexual assault, it is important not to shower, change clothes, or even brush your hair, as physical evidence may be lost. In cases of violence or physical abuse, it is important to document injuries, including by taking photographs. The Berklee Public Safety Department (617-747-2333) or local law enforcement (911) can assist in filing a criminal complaint and in securing an appropriate physical examination, including by a Sexual Assault Nurse Examiner.
In some cases, an individual may also wish to consider an Abuse Prevention Order, also known as a “restraining order” or “209A order,” or a Harassment Prevention Order, also known as a “258E order,” from the local courts. These are civil proceedings independent of Berklee. If a court order is issued Berklee will, to the extent possible, assist the protected person in benefiting from the restrictions imposed by the court and will also facilitate on-campus compliance with the order. Berklee may also limit an individual’s or organization’s access to certain Berklee facilities or activities as part of the order.
In addition, or in the alternative, affected individuals may also file a formal complaint with the appropriate government agencies. Students may submit complaints of discrimination or sexual harassment to the U.S. Department of Education: Office for Civil Rights, 5 Post Office Square, 8th Floor, Suite 900, Boston, MA 02109-3921, 617-289-0111 (Statute of Limitations: 180 days). Berklee employees may submit complaints of discrimination or sexual harassment to the Equal Employment Opportunity Commission, JFK Building, Room 475, 15 New Sudbury Street, Boston, MA 02203, 617-565-3200 (Statute of Limitations: 300 days) or the Massachusetts Commission Against Discrimination, One Ashburton Place, Boston, MA 02108, 617-727-3990 (Statute of Limitations: 300 days).
Pursuant to the Clery Act and the 2013 Amendments to the Violence Against Women Act, anonymous statistical information regarding reported criminal incidents must be shared with Berklee Public Safety for inclusion in the Daily Crime Log. This information will also be included in Berklee’s Annual Security Report. Berklee may also share aggregate and not personally identifiable data about reports, outcomes, and sanctions. This information is collected only for statistical reporting as mandated by the Clery Act; no individuals or identifying details are revealed.
If a report of misconduct discloses a serious and immediate threat to the campus community, Berklee Public Safety will issue a timely notification to protect the health or safety of the community as required by the Clery Act. The notification will not include identifying information about a Complainant.
All Berklee investigations and disciplinary processes are conducted in accordance with the requirements of Title IX, the Clery Act, the Violence Against Women Act, FERPA, state and local law, and Berklee policy. Information about particular investigations and disciplinary processes will only be released in accord with the law or Berklee policy.
For further information regarding the Clery Act and other Public Safety functions, contact Public Safety at 617-747-2682.
Members of the Berklee community who hold certain positions are considered “mandated reporters” and are required by law to report suspected abuse of minors and elders, including sexual abuse, to the Massachusetts Department of Children and Families (DCF). These positions include, but are not limited to, teachers, educational administrators, police officers, nurses, medical treatment providers, social workers, preschool, summer, and after-school program staff, child care providers, and guidance or family counselors.