Policy Against Discrimination, Harassment, and Sexual Misconduct

This Policy applies to all students¹, employees (staff and faculty) and any other individuals who participate in the College’s programs or activities. This Policy applies to conduct occurring on- campus and in an off-campus Smith program, activity, or event. This Policy may also apply to off-campus conduct that may have an impact on the College and/or an individual’s ability to participate in the College’s programs or activities.

Smith College is joined with Amherst College, Mount Holyoke College, Hampshire College, and the University of Massachusetts Amherst to form the Five College Consortium. Smith College students, when participating in a program or activity of one of the five colleges, riding a Five College bus or attending a college-related event for one of the five colleges, will be subject to Smith policies as well as the policies of the visited institution. The student conduct/community standards adjudication procedures of the institution at which the accused student is enrolled shall govern. Five College students, including Smith College students, who wish to report concerning behavior that occurs at an institution other than their home College campus may do so by contacting the Office of Civil Rights & Community Support (or other named office with similar responsibilities) or Title IX Coordinator at either: 1) their home institution; or 2) the institution where either a) the behavior occurred or b) where the alleged perpetrator of the concerning conduct is enrolled. As appropriate, the Smith Director of Civil Rights Compliance will coordinate with another institution in support of any persons affected by reported discrimination, harassment, or sexual misconduct.

Roles Under this Policy

The following roles are defined to establish rights, obligations, and jurisdictional options under this Policy:

¹The term “student” includes, but is not limited to, admitted and pre-enrolled individuals, any person enrolled in any (undergraduate or graduate) academic program or course at Smith College (whether or not the individual is degree seeking), including Smith-sponsored distance, international, or internet-based courses, up to and including the student’s commencement day or the last day of evaluation for non-degree students. This may include individuals who are participating or attempting to participate in Smith’s education programs or activities at the time of the incident (e.g. visiting student, program participant, applicant).

These definitions apply to terms as they are used in this policy. For the legal rights and obligations of the Smith College community, all definitions must be applied strictly and verbatim:

Consent

Consent is an affirmative, voluntary, knowing agreement to engage in a specific form of sexual activity. Consent may be communicated verbally, non-verbally, or physically so long as those words or actions create clear, mutually understandable permission regarding the conditions of sexual activity. Consent must be obtained before engaging in any sexual activity and can be withdrawn at any time.²

What Is Consent?

Consent occurs when individuals willingly, unambiguously, and knowingly agree to engage in sexual activity and their agreement is communicated in a clear and affirmative manner that is understood by all of the parties involved. Relying solely on non-verbal communication, which can sometimes be unclear, can lead to misunderstandings. Any lack of clarity regarding consent should be resolved through verbal communication. Individuals should be able to clearly articulate why and how they knew they had received consent and what they considered to be indications of consent before they engaged in sexual activity. Consent is often given with certain explicit or implied boundaries, such as agreeing to have sexual intercourse but only with the use of a condom. Violating the boundaries of consent by engaging in behavior beyond that which was agreed upon is non-consensual conduct.

It is important to remember:

• Consent to one sexual act does not constitute or imply consent to another act
• Prior consent cannot imply consent to future sexual acts
• Consent cannot be assumed based on relationship status or a sexual history together
• Consent can be withdrawn or revoked at any time by a party to the interaction

What Is Not Consent?

Consent may not be inferred from silence, passivity, a lack of objection or a failure to verbally or physically oppose sexual activity, as consent is an active and affirmative process. It is the responsibility of the person wanting to engage in or initiating sexual activity to make sure that they have received consent prior to each stage of sexual activity from all persons engaged in the sexual activity. The use of alcohol or other substances does not relieve an individual from their obligation to obtain consent before initiating and/or engaging in sexual activity (see Consent and the Use of Alcohol or Drugs below for more information).

Some behaviors and comments that do not indicate affirmative consent include, but are not limited to:

• Silence
• “I don’t know.”
• “Maybe”
• “I’m not sure.”
• Lack of objection
• Not fighting back or resisting
• Ambiguous responses
• A verbal “no,” even if it may sound indecisive or insincere

Individuals who are unconscious or in a state of incapacity (as discussed below) cannot consent to sexual activity. Consent can never be obtained by use of force (as defined below), which includes physical force, threats, intimidation, abuse of power, and coercion.

Incapacitation and Consent

A person can be incapacitated due to the use of drugs, alcohol or any other intoxicating substance, or when they are unconscious, asleep, or otherwise unaware the sexual activity is occurring (see the definition of Incapacity below for more information).

Someone Who Is Cognitively Disabled or Impaired

Certain cognitive disabilities or impairments (permanent or temporary) can cause a person to be unable to consent to sexual activity. It is a violation of this Policy to engage in sexual activity with a person whose cognitive disability or impairment renders them incapable of giving consent and the disability/impairment is known to or should have been known to the non-disabled/impaired sexual partner. Under these circumstances, the conduct is non-consensual regardless of whether the person appeared to be a willing participant.

Alcohol or Drugs and Consent

Engaging in sexual activity while under the influence of alcohol, drugs, or other substances can impair an individual’s ability to be sure they have received consent. A person who has consumed alcohol, drugs, and/or other substances still has a responsibility to obtain ongoing consent for any sexual activity with another person(s). A person’s use of alcohol, drugs, or other substances is never an excuse for failing to obtain consent. A person that was using alcohol, drugs, or other substances is never responsible for being subjected to sexual misconduct. Once a person has reached the point of incapacitation by alcohol, drugs, or other substances, they can no longer consent to sexual activity under this Policy. Because it can be difficult to know when someone has passed from the state of intoxication to a state of incapacitation, there should be no sexual contact with someone if there is any doubt about a person’s ability to consent due to the use of alcohol, drugs, or other substances.

Incapacitation

Incapacity is a state in which someone cannot make a decision because they lack the ability to understand what is happening. A person may become incapacitated due to the influence of drugs, alcohol, or medication, to the point that they cannot understand the fact, nature, or extent of the sexual activity. When incapacitated, an individual moves from being simply intoxicated or under the influence to being physically and/or mentally debilitated due to their drug, alcohol, or medication consumption. Individuals can also be incapacitated when they are unconscious or asleep. A person who is incapacitated cannot consent even if they appear to be a willing participant in the sexual activity.

Some indications of incapacity include, but are not limited to:

• Slurred speech or other difficulty communicating
• Difficulty walking or standing
• Vomiting
• Trouble keeping eyes open
• Unconsciousness
• Confusion or lack of understanding
• Disorientation to time or place

Sometimes an individual can be incapacitated without displaying any of these signs. For instance, a person in a blackout state may appear to be conscious when they are actually incapacitated and unable to consent.

Knowingly engaging in sexual activity with someone who is incapacitated is a violation of this Policy. An individual is responsible for violating this Policy when: (1) they engage in sexual activity with someone who is incapacitated, and (2) they knew, or a reasonable person should have known, that individual was incapacitated. A reasonable person is defined as a reasonable person under similar circumstances, without consideration of that person’s intoxication. It is the responsibility of the individual wanting to engage in or initiating sexual activity, or the person who is not incapacitated, to make sure that the other individual(s) involved are able to consent.

Force

The use of force to cause or make someone engage in sexual activity they would not have otherwise agreed to, or did not want to engage in, is by definition non-consensual. Force is not limited to physical violence, but also includes threats, intimidation, abuse of power, coercion, or any combination of these behaviors. The presence of force during sexual activity negates any indications of consent.

Physical Force

Physical force is the use of physical power, violence or strength upon another person’s body. It can also be using one’s physical size, presence or a weapon to restrain another. If an individual uses physical force or violence, or threatens to use physical force or violence to make another person participate in or perform a sexual activity they would not have otherwise agreed to or did not want to engage in, it is a violation of this Policy.

Physical force and violence include, but are not limited to:

• Restraining someone
• Not allowing someone to leave
• Imposing on someone physically
• Using a weapon
• The presence or suggestion of a weapon
• Hitting or pushing someone

Threats

A threat occurs when someone says or implies there will be negative consequences from failing to acquiesce to, or comply with, sexual activity or other unwanted sexual conduct. It is a violation of this Policy if an individual uses threats to make another person participate in or perform sexual activity they would not have agreed to engage in otherwise. Threats can be implied, veiled and/or non-verbal.

This can include, but is not limited to, threats to:

• Inflict harm or injury
• Hurt or kill themselves or someone else
• Expose secret or embarrassing information or images
• Hurt someone’s reputation
• Inflict negative social consequences
• Inflict negative work or educational consequences (e.g. bad grade or poor performance review)

Intimidation or Abuse of Power

Intimidation or abuse of power occurs when individuals use their real or perceived authority to pressure another person to submit to sexual activity or other unwanted sexual conduct. Intimidation happens through a display of wealth, status, or power that someone uses to make another do what they want them to do. Real or perceived power can come from things such as class, social status, a teaching position, supervisory role, mentorship, membership in a team or group, or an individual’s status within a team or group. It implies a power imbalance between the parties. When an individual uses this power/authority/control to influence another to participate in or perform a sexual activity or other sexual conduct that they might not have agreed to engage in otherwise, they have used force in violation of this Policy.

Coercion

Under this Policy, coercion occurs when pressure is used to compel someone to engage in unwanted or unwelcome sexual activity. The use of this pressure violates the free will of another. Coercion can be bullying or pressuring an individual into sexual activity or other sexual conduct that they otherwise did/may not have wanted to participate in. Coercion can be physical or verbal and often involves persistently badgering someone. Coercion can be a process that happens over a period of time, varying from a few minutes, hours, days, or weeks. In assessing whether coercion was used, the frequency, duration, and intensity of the pressure applied will be taken into consideration. When an individual uses coercion to influence another to participate in or perform sexual activity or other sexual conduct that they might not have agreed to engage in otherwise, they have used Force in violation of this Policy.

State Definitions

Rape³

Rape is defined as: having sexual intercourse or unnatural sexual intercourse with a person and compelling such person to submit by force and against his or her will, or compelling such person to submit by threat of bodily injury.

Domestic Abuse⁴

Abuse from a family or household member. Abuse is the occurrence of one or more of the following acts between family or household members: attempting to cause or causing physical harm; placing another in fear of imminent serious physical harm; causing another to engage involuntarily in sexual relations by force, threat or duress. Family or household members are persons who: are or were married to one another; are or were residing together in the same household; are or were related by blood or marriage; have a child in common regardless of whether they have ever married or lived together; or, are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts with consideration of the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.

Stalking⁵

An individual engages in stalking if they: willfully and maliciously engage in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress; and makes a threat with the intent to place the person in imminent fear of death or bodily injury.

²The concept of consent is applicable outside of the context of sexual activity and can be incorporated into all aspects of interactions with others. For purposes of this Policy, consent is discussed as it relates to issues of discrimination, harassment and sexual misconduct.
³Massachusetts General Laws c. 265 §22
⁴Massachusetts General Laws c. 209A
⁵Massachusetts General Laws c. 265 § 43

Smith College is committed to and strives to create an educational and work environment free of discrimination, harassment, and sexual misconduct. To this end, Smith prohibits discrimination and harassment against students, staff, and faculty on the basis of race (including traits historically associated with race, including, but not limited to, hair texture, hair type, hair length, and protective hairstyles), color, national origin, ethnicity or ethnic characteristics, shared ancestry, sex, pregnancy and related conditions, sexual orientation, gender identity/expression, including transgender identity, religion, disability, age, genetics, active military or veteran status, and any other characteristic or identity protected under applicable federal or state law, known, collectively, as “Protected Categories.” Smith also prohibits sexual misconduct against students, staff and faculty, which includes sexual assault, stalking, dating violence, and domestic violence. Smith College affirms its commitment to equal opportunity and does not discriminate in its educational programs or activities, or in employment, based on any of the Protected Categories.

Questions or concerns about possible violations of this Policy should be directed to CRCS (titleixcoordinator@smith.edu; 413-585-2245) which is the office responsible for receiving, reviewing and, when appropriate, investigating reports of discrimination, harassment, and sexual misconduct. CRCS is located in College Hall, room 302.

The Director of Civil Rights Compliance serves as the College’s Title IX Coordinator and as the Section 504 Coordinator (titleixcoordinator@smith.edu; 413-585-2245).

Sub-Section A: Discrimination Based on a Protected Category

Discrimination based on a protected category (“discrimination”) occurs when individuals are excluded from participation, are treated differently, or are otherwise adversely affected in a term or condition of their employment, education, or participation in a College program or activity based on their membership in one (or more) of the Protected Categories. Protected Categories include race (including traits historically associated with race, including but not limited to, hair texture, hair type, hair length, and protective hairstyles), color, national origin, ethnicity or ethnic characteristics, shared ancestry, sex, pregnancy and related conditions, sexual orientation, gender identity/expression, including transgender identity, religion, disability, age, genetics, active military or veteran status, and any other characteristic or identity protected under applicable federal or state law (“Protected Category or Categories”). Discrimination can also include failing to provide reasonable accommodations or modifications as required by law or policy for disability, religion, or pregnancy and related conditions.

Some other examples of discrimination include, but are not limited to:

• Not promoting an employee to a higher position based on their race
• Not allowing a student to go on a class field trip because they are pregnant
• Not allowing a student to participate in a college organization based on their shared ancestry or ethnic characteristics

Sub-Section B: Sex/Gender-Based Harassment

The College prohibits two forms of Sex/Gender-Based Harassment as detailed below (Title IX Sexual Harassment and Non-Title IX Sex/Gender Harassment). Generally, Sex/Gender-Based harassment is conduct that is directed towards someone based on an individual's sex or gender (real or perceived), and includes gender identity/expression, including transgender identity, sex stereotypes, sex characteristics, pregnancy or related conditions, and/or sexual orientation. This includes unwelcome or unwanted conduct of a sexual nature.

Sex/Gender-Based Harassment can be verbal, non-verbal, visual and/or physical conduct. Some examples of unwelcome or unwanted conduct under this Policy that may constitute Sex/Gender-Based Harassment under one or both definitions below include, but are not limited to:

• Sexual propositions, advances, or jokes with or without touching
• Comments on an individual’s body and/or appearance and/or comments about sexual activity, experiences, deficiencies or prowess, use of pet names
• Hostile or intimidating conduct such as yelling or screaming at an individual based on sex/gender or sexist statements and behavior
• Intentionally and/or repeatedly refusing to adhere to a person’s expressed and preferred gender pronoun or otherwise intentionally and/or repeatedly disrespecting the same

1. Title IX Sexual Harassment

Title IX Sexual Harassment is conduct on the basis of sex or gender that:

a. Meets the jurisdictional requirements of Title IX;⁶ and is
b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity;⁷ or
c. An employee of the College conditioning the provision of an aid, benefit, or service of the recipient on the individual’s participation in unwelcome sexual conduct (Title IX Quid Pro Quo Sexual Harassment).⁸

2. Non-Title IX Sex/Gender-Based Harassment

Non-Title IX Sex/Gender-Based Harassment is conduct on the basis of sex or gender that:

a. is unwelcome or unwanted; 
b. is subjectively (the Impacted Party’s view) and objectively (a reasonable person’s view) offensive⁹; 
c. is severe, pervasive or persistent; and 
d. creates an intimidating, hostile, offensive, or abusive environment that could interfere with an individual’s educational experience or work environment.

Sub-Section C: Harassment Based on a Protected Category (Other than Sex or Gender)

Harassment Based on a Protected Category (“harassment”) is conduct based on membership in one or more of the Protected Categories (other than sex or gender) that:

1. is unwelcome or unwanted;
2. is subjectively (the Impacted Party’s view) and objectively (a reasonable person’s view) offensive¹⁰;
3. is severe, pervasive or persistent; and
4. creates an intimidating, hostile, offensive, or abusive environment that could interfere with an individual’s educational experience or work environment.

Harassment can also include conduct that occurs through digital platforms and online spaces.¹¹ It can be a form of harassment when the conduct involves using information and communication technologies to repeatedly cause harm, threaten, defame, or humiliate an individual based on a Protected Category (including sex or gender). It includes but is not limited to doxxing, online impersonation, virtual mobbing, sending offensive messages/comments, images (original or altered), or other content based on a Protected Category.

Harassing conduct can be verbal, non-verbal, visual and/or physical conduct. Some examples of unwelcome or unwanted conduct under this Policy that could constitute Harassment Based on a Protected Category include, but are not limited to:

• Making racial jokes, and/or using racial slurs or epithets.
• Making jokes about the fact that a person is an immigrant, continually mis-pronouncing their name, gossiping about the food they bring in for lunch, mocking the country that person is from, assuming the person can take on extra work during a holiday saying “you probably don’t celebrate this anyway.”
• Making jokes about the fact that a co-worker is older, asking if they remember “when the dinosaurs were around” and announcing to everyone when they have difficulty with technology, commenting “why is this so hard for you people.”
• Complaining that a class location has been moved to accommodate someone with a disability, complaining about accommodations a person is receiving by saying they are getting an advantage over others, excluding a person from a meeting because it will “take too long for them to get here.”

Sub-Section D: Prohibition of Relationships Between Employees and Students

Romantic involvement or sexual relationships between employees (faculty and staff, not including undergraduate student staff) and students, undergraduate and graduate, are prohibited. Given the power asymmetry of the parties, the College regards such relationships as inherently coercive, constituting a conflict of interest and an abuse of authority under this Policy. These relationships are prohibited by this policy, and by the Code of Faculty Governance (Appendix A).

On occasion, an employee will have a dating, romantic, or sexual relationship, or a marriage, with an individual who then becomes a student, or an individual with a pre-existing relationship with a student will become an employee. It is the obligation of the employee to disclose that relationship or marriage to Human Resources. Human Resources staff, in consultation with appropriate academic or administrative personnel, will take steps they deem necessary to ensure that the educational experience of the student, and other students at the College, is not materially affected by the dating, romantic, sexual, or marital relationship. Since individual cases may vary, Human Resources has discretion to consider specific circumstances—the nature of the relationship, the specifics of the student’s academic program, the employee’s duties, and constraints on the College—in fashioning these steps. The steps can range from no action, to the recusal of the employee from matters involving the student, to changes in the employee’s duties.

Employees who violate this policy are subject to disciplinary action up to and including termination of employment. Complaints of violations of this policy can be made to the Office of Civil Rights & Community Support, Human Resources, or the Office of the Provost. The Director of Civil Rights Compliance will consult with Human Resources and/or the Provost, as applicable, to determine the appropriate process to address and resolve the complaint.

Sub-Section E: Sexual Misconduct

1. Sexual Exploitation

Sexual Exploitation occurs when a person(s) takes non-consensual sexual advantage of another person for any purpose. Sexual exploitation can take many forms, including those noted below, but is not limited to just these behaviors. Other forms of sexual exploitation can occur beyond the categories listed here, as determined by the Director of Civil Rights Compliance on a case-by-case basis.¹²

a. Non-Consensual Photographing/Recording Sexual Activity/Nudity And Sharing Photographs/Recordings Of Sexual Activity/Nudity

Sexual Exploitation occurs when someone photographs or otherwise records someone (via audio, video, or any other medium) involved in sexual activity, or in any state of undress, without their consent. Consent to sexual activity or being in a state of undress does not constitute consent to being photographed or recorded.

Sharing or distributing such photographs, recordings, or images without the consent of the person depicted also constitutes Sexual Exploitation. This includes digitally forwarding, posting, or otherwise showing such images to others. Anyone who shares such images may be responsible for Sexual Exploitation if they knew or should have known that the person depicted did not consent to disclosure, regardless of whether they originally created the recording. Consent to be photographed or recorded does not constitute consent to have those images shared.

This also includes, but is not limited to:

• Sextortion: Using sexually explicit images, videos, or information to extort, blackmail, coerce, or threaten a victim
• Deepfakes and Manipulated Media: Creating or distributing artificially generated or manipulated sexual images or videos of someone without their consent
• Threatening to Share: Threatening to distribute intimate images or recordings (that may have been obtained with consent), even if they are never actually shared

Examples of Sexual Exploitation

• Taking pictures of someone in a state of undress while they were asleep and without their consent.
• Two individuals engage in sexual activity consensually, and consensually video and audio record the activity. One of the individuals told the other it was okay to show the video to Friend A, but the other party also showed it to everyone else who lived on their floor.

b. Voyeurism

Voyeurism is the act of intentionally observing, spying on, or listening to a person(s) involved in sexual activity or in any state of undress, without their consent, for any purpose. Voyeurism also occurs when an individual allows others to observe sexual activity or someone in any state of undress without the consent of the person(s) involved. Voyeurism may involve the use of technology to observe, spy, or listen.

Examples of Voyeurism

• Student A and Student B go to Student A’s room to have sex. Student A’s friends—C and D—are in Student A's closet in Student A’s room without Student B’s knowledge. Students C and D watch through a crack in the door as Students A and B engage in consensual sexual contact.
• Student A notices that Student B’s window shade, even when pulled down, has a space where you can see into Student B’s room. Student A looks in on Student B when they are unclothed.

c. Indecent Exposure

Indecent Exposure is exposing one’s intimate body parts, such as genitalia, groin, breasts and/or buttocks to someone without their consent. This behavior is the showing of intimate parts of the body and may, but does not necessarily have to, include a sexual act. Engaging in sexual activity in front of a non-consenting person(s) is also a form of Indecent Exposure. This policy requires the exposure of intimate body parts, as defined above, to constitute indecent exposure.

Examples of Indecent Exposure

• Students A and B are roommates. Student A invites their partner student C over, and the two engage in sexual activity when they think Student B is asleep. Student B wakes up and sees and hears Students A and C engaging in sexual activity.
• Partial or full streaking across campus during an outdoor college event.

d. Prostituting or Trafficking

Prostituting another person is a form of Sexual Exploitation. Prostituting is defined as receiving compensation for engaging in or performing sexual activity with or for another person. The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion, is also Sexual Exploitation.

2. Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is any intentional sexual touching, however slight, without consent or upon an individual who is incapacitated or otherwise incapable of giving consent.

Sexual contact includes, but is not limited to, touching of a person’s intimate parts, such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering those parts; touching a person with one’s own intimate parts; making a person touch you or another; or any intentional bodily contact in a sexual manner, including but not limited to, unwelcome or unwanted hugging, even if that contact does not involve intimate body parts. If this contact occurs with the absence of consent, it is a violation of this policy.

This conduct may be considered Title IX Sexual Contact and subject to the Title IX Hearing Process when it meets the definitions above and meets the jurisdictional requirements found in that process.

3. Sexual Assault

Sexual Assault includes any of the following sexual acts when they occur without consent, through the use of force, or when someone is incapacitated:¹³

• Penetration, no matter how slight, of the vagina or anus with any body part or object;
• Oral sex, or oral penetration by a sex organ of another person or by a sex-related object;
• Intentional touching, including kissing, of the clothed or unclothed body parts of an individual, for the purpose of sexual degradation, sexual gratification, or sexual humiliation;
• Forcing an individual to touch another individual’s clothed or unclothed body parts, for the purpose of sexual degradation, sexual gratification, or sexual humiliation.

This conduct will be considered Title IX Sexual Assault and subject to the Title IX Hearing Process when it meets the definitions above and meets the jurisdictional requirements found in that process.¹⁴

If the conduct meets the definitions below but does not meet those jurisdictional requirements, then it may be adjudicated through the process found in the Complaint Resolution Process.

4. Relationship Violence (Including Dating/Domestic Violence)

Relationship Violence (Dating/Domestic) is defined as violence, abuse, or a pattern of coercive behavior committed by a former or current romantic, intimate or dating partner of the Impacted Party.¹⁵

Relationship violence includes, but is not limited to:

• actual or threatened physical injury, sexual assault or other sexual violence;
• economic control, psychological abuse, and/or emotional abuse; and/or
• behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound.

Relationship violence can occur in all types of romantic, intimate and/or sexual relationships regardless of the sex or gender of the partners, and at any stage in a relationship, including after its termination. The existence of an intimate, romantic or dating relationship is determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

This conduct will be considered Title IX Relationship Violence and subject to the Title IX Hearing Process when it meets the definitions above and meets the jurisdictional requirements found in that process.¹⁶ If the conduct meets the definitions above but does not meet those jurisdictional requirements, then it may be adjudicated through the process found in the Complaint Resolution Process.

Examples of Relationship Violence and/or Dating/Domestic Violence:

• Student A and Student B have been seeing each other. At lunch, Student A grabs Student B’s arm forcefully and pulls Student B out of the cafeteria in front of their friends, saying Student B is eating too much. Student B is humiliated. Later, Student A says they are sorry for embarrassing Student B, although this is not the first time this has happened. Student B says things are okay now but wonders when it will happen again.
• Student A calls their partner every day at noon when they eat lunch. Other students start to notice that Student A’s partner can be heard yelling at them during these calls. Student A has also mentioned to their roommate that things aren’t going well between them and their partner. One day, Student A mentions that their partner threatened to “do some damage” if they don’t stop hanging out with certain friends.

5. Stalking

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. A course of conduct means two or more acts, including, but not limited to, acts in which an individual directly, indirectly, or through third parties, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property, by any method, device, or means. A reasonable person is defined as a reasonable person under similar circumstances and with similar identities. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

This conduct will be considered Title IX Stalking and subject to the Title IX Hearing Process when it meets the definitions above and meets the jurisdictional requirements found in that process.¹⁷ If the conduct meets the definitions above but does not meet those jurisdictional requirements, then it may be adjudicated through the process found in the Complaint Resolution Process.

Sub-Section F: Retaliation

Retaliation is an adverse or negative action taken against an individual for reporting concerns about discrimination, harassment, or sexual misconduct, for participating in a resolution process or investigation, or for otherwise exercising their rights under this Policy. No one may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title VI, Title VII, Title IX, (or any other applicable federal or state law conferring protections against retaliation) or this Policy or because the individual has shared concerns, made a report or complaint, given a statement, assisted, or participated or refused to participate in any manner in an investigation,¹⁸ proceeding, inquiry, assessment, or hearing.

A retaliatory action can include, but is not limited to:

• Aggression
• Intimidation
• Threats or verbal abuse
• Exclusion
• Different treatment
• Harassment or bullying

Retaliation is strictly prohibited. Any Smith community member (student, staff, or faculty) who retaliates against an individual is subject to disciplinary action up to, and including, dismissal from the College or termination of employment. Retaliation by others (e.g., friends, family members, attorneys, etc.) for the benefit of a party or witness is also prohibited and could subject the party and the person(s) engaging in the conduct to disciplinary action. Smith has the discretion to address issues of retaliation through any process associated with this Policy, or through a student conduct or employee conduct process. CRCS, in consultation with the Office of Student Affairs, the Provost, and/or Human Resources, will have the discretion to decide what process will be utilized to address incidents of retaliation on a case-by-case basis.

⁶In addition to falling under the definition of Title IX Sexual Harassment and occurring after August 14, 2020, the alleged conduct must meet three additional jurisdictional requirements to be subject to the Title IX Hearing Process. The conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the complainant must be participating in or attempting to participate in a College educational program or activity.
⁷A reasonable person is defined as a reasonable person under similar circumstances and with similar identities.
⁸When the conduct does not meet the Title IX jurisdictional requirements and/or when the person conditioning the benefit is not a College employee but holds real or perceived authority over the Impacted Party, the conduct is addressed as Non-Title IX Sex/Gender-Based Harassment.
⁹A reasonable person is defined as a reasonable person under similar circumstances and with similar identities.
¹⁰A reasonable person is defined as a reasonable person under similar circumstances and with similar identities.
¹¹For students, prohibited on-line bullying conduct is defined in the Code of Student Conduct. When bullying conduct is directed at someone due to an identity, this policy and the applicable process may apply, at the discretion of the Director of Civil Rights Compliance and the Dean of Students, or their designees.
¹²A reference to the Director of Civil Rights Compliance includes the Director of Civil Rights Compliance or their designee.
¹³Sexual Assault also includes statutory rape, which is non-forcible sexual intercourse with a person who is under the statutory age of consent in Massachusetts, which is sixteen (16) years of age. This category also includes incest, which is non-forcible sexual intercourse between persons who are related to each other to a degree where marriage would be prohibited by Massachusetts law.
¹⁴The alleged conduct must meet three additional jurisdictional requirements. The conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the complainant must be participating in or attempting to participate in a College educational program or activity.
¹⁵Domestic violence occurs under this definition when it is committed by a person who has one of the following relationships with the impacted party: current or former spouse or intimate partner, person with whom the impacted party shares a child in common; a person who is cohabitating with or has cohabitated with the impacted party as a spouse or intimate partner (not just a roommate); a person similarly situated to a spouse of the impacted party.
¹⁶The alleged conduct must meet three additional jurisdictional requirements. The conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the complainant must be participating in or attempting to participate in a College educational program or activity.
¹⁷The alleged conduct must meet three additional jurisdictional requirements. The conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the complainant must be participating in or attempting to participate in a College educational program or activity.
¹⁸This does not preclude the College from taking disciplinary action consistent with employee obligations and/or responsibilities specified in the Employee Handbook.

Violations of this Policy are addressed through the processes outlined in the Complaint Resolution Process and the Title IX Hearing Process (as applicable). Those processes can be found on the CRCS webpage. Any violation of this Policy may lead to a variety of sanctions, which depend on the nature of the violation.

For students, sanctions may include, but are not limited to: loss of privileges, formal warning, disciplinary probation, educational sanctions, suspension, removal from housing, dismissal from the College, and any other sanction noted in the Code of Student Conduct for students.

For employees, sanctions may include, but are not limited to: warnings (verbal or written), corrective action steps, final warnings, reassignment, demotions, suspensions, and permanent separation. Training and other educational responses may also be issued in response to a finding of responsibility.

Employees who are subject to a collective bargaining agreement and/or the Code of Faculty Governance may have additional rights or processes available under those agreements.

Retaliation against anyone who makes a report or complaint under this Policy, or who in any way participates in a report or investigation of an alleged violation of this Policy is strictly prohibited. A person engaging in retaliatory conduct will be subject to disciplinary action by the College. See the section regarding retaliation below for more information.

As noted above, violations of this Policy are investigated and resolved through two companion process documents: the Complaint Resolution Process (for non-Title IX matters) and the Title IX Hearing Process (for Title IX matters). Those documents describe the detailed procedures for initiating complaints, conducting investigations, making determinations of responsibility, issuing sanctions, and pursuing appeals. They can be found on the CRCS website.

The following sections outline specific procedures relating to standards, timelines, and reporting pathways to ensure compliance with this Policy.

Section A: Reporting Options

The Office of Civil Rights & Community Support (CRCS) is the primary reporting office for concerns about discrimination, harassment, and sexual misconduct (including non-consensual sexual contact, sexual assault, relationship violence, stalking, and sexual exploitation). When CRCS receives reports of possible violations of this Policy, it will review the available information to determine the next steps necessary to support the impacted party(s), stop the conduct, address any effects from the conduct on the individual(s) and the community, and prevent the conduct from recurring. CRCS can also provide information regarding supportive and interim measures and resources, including but not limited to, mutual no contact orders, housing changes, and academic support. Reports can be made to CRCS in person (email titleixcoordinator@smith.edu to schedule), via phone (413-585-2245), by email (titleixcoordinator@smith.edu), or through the online reporting system (www.smith.ethicspoint.com).

Anyone who is not interested in reporting the conduct to the College or working with CRCS can work with the confidential resources listed below. Confidential resources can provide supportive measures to those impacted by discrimination, harassment or sexual misconduct without putting the College on notice of the conduct.

Section B: Requirements for Reporting and Documentation

1. Employees as Responsible Reporters¹⁹

All employees of Smith, including faculty and staff, whether full-time or part-time, are considered Responsible Reporters who have a duty to report any incidents of discrimination, harassment, or sexual misconduct to the Office of Civil Rights & Community Support (CRCS). Only employees who are part of on-campus confidential resources (including the Schacht Center and the Center for Religious and Spiritual Life), as discussed in Confidential On-Campus Resources, are relieved from this duty to report. Responsible Reporters are obligated to promptly share all information received regarding a concern, including but not limited to, the names of individuals involved, dates and locations of incidents, and any known factual details about the concerns.

2. Students as Responsible Reporters

Student employees are also Responsible Reporters when they receive information while they are working, including students with teaching responsibilities. This includes, but is not limited to, House Community Advisors (HCAs), House Coordinators (HCs), and Apartment Managers (AMs) while receiving information in their respective roles.

In addition to student employees, students who exercise leadership roles or perform formally designated student mentorship and student support functions for the College have the same reporting responsibilities as Responsible Reporters, when acting within their role. House Presidents, Heads of New Students, Student Academic Advisors, and Orientation Leaders are Responsible Reporters when they receive information while acting in their respective roles.

3. Sharing Information Received As a Responsible Reporter

A Responsible Reporter who becomes aware of a possible incident of discrimination, harassment, or sexual misconduct must report all relevant details, including any known names, to the Office of Civil Rights & Community Support (CRCS) (titleixcoordinator@smith.edu, 413-585-2245), as soon as possible. A Responsible Reporter’s failure to promptly and properly report such incidents may result in disciplinary action. A Responsible Reporter should not share information with others, including, but not limited to, their supervisors, chairs, deans, law enforcement (unless there is an immediate threat), or the person accused of the conduct. CRCS is responsible for informing any others on campus who may need to be involved in addressing these concerns. All Responsible Reporters should make the extent of their reporting obligations clear to the reporting party and provide that individual with information about supportive measures and resources to the best of their ability. Responsible Reporters should not anonymously report to CRCS unless they are reporting their own experiences as an impacted party.

Section C: Amnesty/Help Seeking Policy

The College encourages reporting incidents of discrimination, harassment and sexual misconduct and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. Smith students who have been drinking or using drugs at the time of the incident may be hesitant to report concerns because of potential consequences under the Code of Student Conduct. Students who report concerns related to the Policy Against Discrimination, Harassment, and Sexual Misconduct, either as a complainant or a witness, will not be subject to disciplinary action by the college for their own personal alcohol or drug use at or near the time of the incident, provided that use did not and does not risk the health or safety of another person. The college may, nevertheless, initiate an educational discussion or pursue other educational remedies. The amnesty policy applies only to the college’s Code of Student Conduct process.

Section D: Supportive Measures

The College offers supportive/interim measures and resources to individuals who may have experienced or witnessed discrimination, harassment, or sexual misconduct or who may be going through the Complaint Resolution Process or the Title IX Hearing Process. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and available (without fee or charge) to an Impacted Party, Reporting Party, Responding Party, or any other participant in a process regardless of whether a formal complaint has been filed or a process is being pursued.

These measures are designed to restore or preserve access to Smith’s educational programs/activities and employment without unreasonably burdening the other party. When, or if, a Responding Party is notified that alleged misconduct has been reported to the College, CRCS will also promptly make supportive/interim measures and resources available to that individual (without fee or charge) to restore or preserve access to Smith’s educational programs/activities and employment, without unreasonably burdening the other party. Privacy surrounding any supportive measure or resource will be maintained unless disclosure is necessary to assist with the effective implementation of the supportive measures.

Supportive/interim measures and resources may include, but are not limited to, health and counseling services, Employee Assistance Program (EAP), referrals to community-based service providers (some of which are noted below), education to the community or a community subgroup(s), housing changes, adjusting work arrangements for employees (faculty and staff) or student employees, safety planning, academic support (including extensions of deadlines or other course/program-related adjustments), class schedule modifications, withdrawals or leaves of absence, and any other actions deemed appropriate by the Director of Civil Rights Compliance.

The College may also put supportive/interim measures in place as deemed necessary, even if not requested by an individual, which may include mutual no-contact orders, no trespass orders, campus restrictions, and emergency removals.

Section E: Interim Measures

Smith has the discretion to use interim measures, such as emergency removals, administrative leaves, and mutual no contact orders, when alleged violations of this Policy are reported. In determining whether to issue interim measures, Smith will consider, among other factors, whether the alleged conduct by that individual poses a safety risk to the College community.

1. Emergency Removal/Leave (“Interim Suspension”)

The College reserves the right to remove a student from campus on an emergency basis (an "interim suspension") or to place an employee on immediate leave or reassign their duties, prior to the commencement or conclusion of any process under this Policy or its companion process documents. An interim suspension or emergency leave may be imposed when, based on available information, the College determines that such action is warranted to:

a. ensure the physical or mental health and safety of any individual, including the student or employee subject to the measure;
b. protect the health, safety, and well-being of the College community;
c. prevent the disruption of, or interference with, the normal operations of the College or any investigation; and/or
d. when such a restriction is otherwise deemed necessary by the College under the circumstances.

An interim suspension may include, but is not limited to: temporary or permanent removal from College housing or relocation to another room or house; restrictions on access to all or part of the campus, including academic buildings; changes to work or academic schedules; limitations on academic and/or co-curricular activities; removal from clubs, activities, or athletic teams; and limitations on any other College activities or privileges to which the student would otherwise be eligible.

Decisions regarding whether to place a student on interim suspension will be made by the Dean of Students. In making such a decision, the Dean may consult with the Behavioral Intervention Team, CRCS, Campus Safety, or anyone else at the College who has relevant information. Decisions regarding whether to place an employee on leave or to reassign duties will be made by Human Resources, in consultation with CRCS, the employee's supervisor, or the Provost, as appropriate.

A student subject to an interim suspension may appeal the decision. Appeals must be submitted in writing within seven (7) business days of the date of the interim suspension letter and will be heard by the Dean of the College. The student must abide by the terms of the interim suspension during the appeal period. Failure to comply with the interim suspension during the appeal period may result in further disciplinary action, up to and including dismissal from the College.

For conduct that may fall under Title IX, the College may remove a student on an emergency basis only after completing an individualized safety and risk analysis and determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations justifies removal. If an emergency removal is imposed, the College will provide the student with prompt notice and an opportunity to challenge the decision immediately following the removal. Prior to considering a removal, the College will determine whether less restrictive supportive measures are available that would mitigate the health or safety risk.

While a decision to impose an interim suspension or emergency leave may accompany a matter under the Complaint Resolution Process or the Title IX Hearing Process, there need not be a pending matter for the College to impose such a measure.

2. No Contact Orders (NCOs)

A No Contact Order (NCO) is a non-punitive administrative directive meant to create space between individuals. NCOs are not disciplinary actions and do not become part of a student's conduct record unless the NCO is issued as part of a disciplinary decision. A Stay Away Order, by contrast, is a disciplinary sanction that may be imposed through a sanctioning process.

NCOs prohibit all forms of contact between designated individuals, direct or indirect, including in person, by phone, text, email, mail, social media (including viewing, liking, commenting on, or sharing another person's content), and third-party communication (where friends, family members, attorneys, or others make contact or requests on a covered individual's behalf). The specific terms of any NCO will be stated in the NCO directive letter.

Student NCOs may be issued and administered by the Office of Civil Rights & Community Support, the Dean of the College, the Dean of Students, the Director of Care & Conduct, or the Director of Residence Life. On occasion, Campus Safety, Residence Life, or another College official may issue a temporary verbal restriction on contact, which will be followed up by a formal written NCO by an authorized administrator. NCOs involving staff or faculty may be issued and administered by CRCS, Human Resources, or the Provost, in consultation with the employee's supervisor, as appropriate.

NCOs are typically mutual, applying equally to both designated individuals. In unique circumstances, the College may issue a one-sided NCO to only one individual. NCOs are available only when the students involved have active student status at the College. For matters involving individuals without active student status, other options may be available, such as a no trespass notice issued by Campus Safety. NCOs may be coordinated within the Five College Consortium when the circumstances involve students at more than one member institution.

NCOs do not guarantee that designated individuals will avoid all sightings or passing interactions on campus or in the local community. Incidental or unintentional contact will not be considered a violation of an NCO. All parties must make diligent efforts to avoid contact. Specific provisions may be included in the NCO to address situations where individuals anticipate regular intersections, at the discretion of the issuer.

NCOs may only be rescinded, in writing, by the issuing office, the Dean of the College, or the Dean of Students.

Violations of the terms of an NCO can result in the initiation of a separate conduct process and/or may result in more serious interim measures being put into place. Violations may also be resolved through any pending Complaint Resolution Process or Title IX Hearing Process, where appropriate, or through a separate disciplinary process. Decisions regarding how to address a violation of a student NCO will be made by the Office of Student Affairs, in consultation with CRCS. Decisions regarding how to address a violation of an employee NCO will be made by Human Resources, in consultation with CRCS, the employee's supervisor, or the Provost, as appropriate. Individuals subject to an NCO are encouraged to seek clarification regarding NCO terms from the administrator who issued the order.

3. Modification of Interim Measure(s)

The Parties to an interim measure may seek a modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive or interim measures applicable to them. For students, a request for modification should be made in writing to the Dean of the College. For employees, this request will be handled by the Vice President for Human Resources or their designee. The Dean of the College or the Vice President for Human Resources will review the interim measure(s) and will decide whether to provide, deny, modify, or terminate them. The Parties can also seek additional modification or termination of supportive measures applicable to them if circumstances change materially. The Dean of the College or the Vice President for Human Resources will typically render a decision on a request for modification within seven (7) business days of receiving the request. A written determination will be provided to the Parties.

Section F: Rights

Students, staff and faculty who report incidents of discrimination, harassment, or sexual misconduct have certain rights under this Policy and applicable laws. All individuals have the right to:

1. Have disclosures of discrimination, harassment, and sexual misconduct, including sexual assault, dating violence, domestic violence, stalking, and sexual exploitation, treated seriously by the College.
2. Seek supportive measures and resources such as health and counseling services, advocacy services, schedule and housing changes, academic support, and/or work adjustments, as applicable, regardless of where the alleged conduct occurred.
3. Notify law enforcement of the incident and seek their involvement, if applicable. They also have the option to decline to notify law enforcement.
4. Seek a Mutual No Contact Order through the College or an order of protection through the courts.
5. Participate in a Complaint Resolution Process and Title IX Hearing Process, as applicable, that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.

Section G: External Reporting Options/Administrative Agencies

1. Northampton Police Department

29 Center Street
Northampton, MA 01060
911 (emergency)
413-587-1100 (non-emergency)

Investigates criminal reports of Northampton-based crimes and has concurrent jurisdiction with the Smith Campus Safety for crimes occurring at Smith College.

2. Massachusetts State Police

General Headquarters
470 Worcester Road
Framingham, MA 01702

Has concurrent jurisdiction of Northampton-based crimes with the Northampton Police Department and with Smith Campus Safety for crimes that happened at Smith College. Licenses and investigates criminal reports against campus police officers.

3. U.S. Department of Education, Office for Civil Rights (OCR)

File a complaint

Works to end discrimination in schools and investigates grievances.

4. Massachusetts Commission Against Discrimination (MCAD)

John McCormack Building
One Ashburton Place, Sixth Floor, Room 601
Boston, MA 02108
617-994-6000

Works to end discrimination in employment in Massachusetts and investigates grievances.

5. Equal Employment Opportunity Commission (EEOC)

JFK Federal Building
475 Government Center
Boston, MA 02203
800-669-4000

Works to end discrimination in employment nationally and investigates grievances.

¹⁹Responsible Reporters pursuant to this policy are different from Mandated Reporters. Mandated Reporters are professionals who have a statutory obligation to report suspected child abuse or neglect to the Massachusetts Department of Children and Families. See M.G.L. c. 119, § 51A. There may be individuals who are considered both Responsible Reporters and Mandated Reporters.
²⁰A reference to the Dean of Students includes the Dean or their designee.
²¹A reference to the Provost/Dean of the Faculty includes the Provost/Dean or their designee.

Confidential On-Campus Resources for Students, Staff, and Faculty

Certain Smith employees have a legally recognized privilege or are officially designated by policy as confidential resources. This privilege or designation requires employees to keep information confidential when it is disclosed to them in the course of their professional role and / or have been deemed confidential resources for the community. This means that, except under limited circumstances, they must keep what individuals tell them confidential. These employees will maintain the confidentiality of those disclosures unless (a) they are given permission to share information by the person who disclosed the information; (b) there is an imminent threat of harm to self or others; (c) the conduct involves suspected abuse of a minor under the age of 18; or (d) as otherwise required or permitted by law or court order.

Making a disclosure to a confidential resource means that Smith College will not be placed on notice of the conduct. Without that information, the College will not be able to address that conduct in any manner. However, confidential on-campus resources can assist individuals in receiving support resources (such as counseling, housing changes, and academic support) when requested and provide information about non-confidential reporting options if that person decides they want to notify Smith of the conduct.

Schacht Center for Health & Wellness — Confidential

413-585-2800 
(available to undergraduate students)

The Schacht Center offers a variety of services to Smith undergraduate students. Counseling Services provides short-term psychotherapy, support and therapy groups, psychiatric consultation, referrals, crisis intervention, and outreach. Health Services provides routine medical care including sick visits, sports and travel physicals, urgent care visits, physical exams, immunizations, reproductive and gynecological care, and referral for other support services related to sexual violence and non-consensual contact. All services are confidential.²²

TELUS Health — Confidential

(available to students)

Telus Health provides free and confidential emotional health and wellbeing 24/7 via the app, telephone and web.

Center for Religious & Spiritual Life — Confidential

413-585-2750
Helen Hills Hills Chapel
(available to students)

The Center for Religious and Spiritual Life is Smith’s inclusive, multifaith hub for religious and spiritual programming, support, and education. Pursuant to this policy, one-on-one faith-based counseling conversations with a chaplain will be kept confidential.²³

Employee Assistant Program (EAP) — Confidential

855-784-2056 (available 24/7)
EAP online (web ID: SmithEAP)
(available to faculty and staff)

The Employee Assistance Program (EAP) is available to all employees (faculty and staff) at no cost through ComPsych Corporation. The EAP provides an array of services to employees and their dependents and/or household members for personal or work-related issues, including confidential counseling sessions, legal consultation, financial consultation, and other services.

Ombudsperson — Confidential

413-585-7953
cyurgelun@smith.edu 
(available to staff and faculty)

The Ombuds is a safe place for faculty and staff to talk confidentially about workplace concerns such as a conflict with a colleague or supervisor. The Ombuds can help develop effective options for addressing concerns and resolving conflicts.

Off-Campus Resources

There are numerous support resources available off campus, a few of which have been included here. For more information regarding additional off-campus resources, please visit the Office of Civil Rights & Community Support (CRCS) website.

Center for Women and Community — Confidential

413-545-0800
Sexual Assault Support and Advocacy (SASA) 24/7 Hotline

The CWC provides individuals impacted by sexual and relationship violence with free and confidential individual counseling, support groups, medical, legal, and campus advocacy, and a 24/7 SASA hotline.

Safe Passage — Confidential

413-586-5066

Safe Passage provides domestic violence survivor advocacy including housing resources, counseling, support groups, and legal advice and counsel.

National Sexual Assault Hotline (RAINN) — Confidential

+1 800-656-HOPE (24/7)

RAINN is the nation’s largest anti-sexual violence organization. RAINN created and operates the National Sexual Assault Hotline in partnership with more than 1,000 local sexual assault service providers across the country.

Cooley Dickinson Hospital — Confidential

413-582-2000 (24/7)

The hospital can provide confidential medical treatment for injuries or other medical concerns, including those related to sexual assault. The hospital can also order Evidence Collection Kits if requested. These kits are usually administered by specialized Sexual Assault Nurse Examiner (SANE) nurses.

International Resources

Smith community members who are working or studying abroad can find information about resources available internationally through CRCS or can connect with the Schacht Center for support. They can also connect with the Lewis Global Studies Center at global@smith.edu or 413-585-7598.

Other On-Campus Resources — Not Confidential

There are additional resources available to the Smith community that are not confidential. This means that information shared with one of these resources may be shared with the Office of Civil Rights & Community Support (CRCS) (titleixcoordinator@smith.edu, 413-585-2245). However, any information that is reported will be handled with privacy and discretion by CRCS. Information will only be disclosed to administrators within the College who are responsible for addressing this conduct (some of which are listed below), who can assist with supportive measures and resources, or who otherwise have a legitimate need to know.

Smith Campus Safety

413-585-5555 (emergency; available 24/7) or 911
413-585-2490 (non-emergency)

Anyone in the Smith community can call Smith Campus Safety with safety or well-being concerns 24 hours a day, seven days a week. Campus Safety can provide transportation to the hospital/court. Campus Safety can help students who may need immediate access to safe housing, issue no trespass orders, and provide information about restraining orders and other orders of protections available through the courts. Campus Safety can also help the College implement any requirements of a court order of protection issued to a student or employee. Campus Safety may also issue timely warnings, where appropriate.

Residence Life

413-585-4940
reslife@smith.edu 

Residence Life (Res Life) coordinates and manages all aspects of the on-campus residential experience. House Community Advisors (HCAs), Area Directors (ADs), and other Res Life staff serve on a 24-hour on-call rotation to assist individuals who may have concerns about discrimination, harassment, or sexual misconduct. Res Life staff can help connect students with support resources and supportive/interim measures, including confidential resources. Res Life staff can help contact Campus Safety if there are concerns about safety, a need for ambulatory transportation to the hospital, or if someone wishes to file a police report. Res Life can also help students who may need access to temporary or long-term housing changes.

Class Deans Office

413-585-4915
classdeans@smith.edu 

The Class Deans help students to successfully complete their academic program at Smith. The Deans are available to assist with course registration and procedures, academic options, and generally advise on study abroad, summer school, and leaves of absence. The Class Deans can also help communicate with a student’s faculty if flexibility is needed due to a discrimination, harassment, or sexual misconduct concern.

Office of Student Affairs

413-585-4940
studentaffairs@smith.edu 

The Office of Student Affairs supports students in all aspects of student life, and oversees the Student Community Standards Process. Concerns regarding any violation of Smith’s Student Handbook and / or Code of Conduct or other College policies can be reported to the Office of Student Affairs. The Community Standards process addresses student violations of College policies outside of the Policy Against Discrimination, Harassment and Sexual Misconduct.

Accessibility Resource Center

413-585-2071
arc@smith.edu 

The Accessibility Resource Center (ARC) coordinates equal access and full student participation for students with accessibility needs. In addition, if you have accessibility needs regarding your participation in this process, ARC can provide you with support.

Office of Human Resources

413-585-2260
hr@smith.edu 

The Office of Human Resources supports all Smith employees (faculty and staff) in the performance of their employment responsibilities and in their well-being. Employees with concerns about discrimination, harassment, or sexual misconduct can also reach out to Human Resources for support, keeping in mind those reports will be shared with CRCS.

Office of the Provost and Dean of the Faculty

413-585-3000
provostoffice@smith.edu 

Faculty members with concerns about discrimination, harassment, or sexual misconduct can reach out to the Office of the Provost for support, keeping in mind that those reports will be shared with the CRCS.

²²All Schacht Center employees (including, but not limited to, Community Health Organizers) are designated by this policy as confidential resources, and therefore are not obligated to report those concerns to the Office of Civil Rights & Community Support.
²³All Center for Religious and Spiritual Life employees (including those who are not Chaplains) are designated by this policy as confidential resources, and therefore are not obligated to report those concerns to the Office of Civil Rights & Community Support.

The following processes, codes of conduct, and institutional guidelines act as companion frameworks to this Policy. When applicable, procedures from these documents are integrated or run concurrently with this Policy:

• Complaint Resolution Process: Details the procedures and investigative steps utilized by the College to resolve complaints of discrimination, harassment, and sexual misconduct outside the Title IX framework.
• Title IX Hearing Process: Defines the formal adjudication, hearing structures, and procedural safeguards utilized by the College to resolve Title IX-governed sexual harassment complaints.

Smith reserves the right to make changes to this Policy as necessary, and in accordance with applicable laws and regulations. This Policy is maintained, reviewed, and revised by CRCS. The most up-to-date version of this Policy that is currently in effect at the College can be found on the CRCS website. If government regulations change in a way that impacts this Policy, this Policy will be construed to comply with government regulations in their most updated form, based on the effective date of the regulations in question.²⁴

²⁴This Policy, and the referenced Complaint Resolution Process and the Title IX Hearing Process, are effective as of September 8, 2026. For conduct that may have occurred before that date, please contact the Office of Civil Rights & Community Support for the applicable policy and processes.