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. Criminal definitions under state and federal law for some of the conduct described under this policy such as relationship violence (including dating and domestic violence) and stalking can be found online in the the State and Criminal Definitions section to this policy.
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).