CRCS Frequently Asked Questions

Through conversations with community members and representative groups, concerns were raised about the existing policies, including a lack of transparency, delayed processes, and responses that felt disproportionate to reported misconduct, all of which can be addressed and improved upon with an updated policy. There were also several existing and overlapping policies that addressed similar discriminatory conduct, leading to the possibility of confusion and inconsistency. Everyone benefits when expectations for our community are more precisely identified and processes are more clearly defined. With the general counsel and the director of civil rights compliance relatively new in the roles, there was an opportunity to review the concerns shared, and make needed improvements.

Five policies were consolidated into a single Policy Against Discrimination, Harassment, and Sexual Misconduct, and have been decommissioned by the College:

• Equal Educational Opportunity Policy
• Discriminatory Harassment Policy
• Sexual Misconduct Policy
• Equal Employment Opportunity / Affirmative Action Policy
• Gender-Based and Sexual Misconduct Policy

There are also two new processes: the Complaint Resolution Process and the Title IX Hearing Process.

The different policies applied to the same or similar types of conduct. Five competing policies made it difficult for our community members to know what to expect when they report something, because it was unclear which policy applied in any given situation. Our main goal for consolidating the policies was to simplify the approach, eliminate any overlap, and make it easier for the community to understand their rights and the processes.

Under Title IX, federal regulations require that when a formal complaint is made regarding certain types of misconduct, there must be a live hearing to adjudicate that complaint. This same requirement does not exist for other types of discrimination and harassment.

For this reason, there are two processes for decision-making to comply with Title IX. While the decision-making process differs in the two processes, the investigation process is the same for all matters (Title IX matters and non-Title IX matters).

There are a number of updates we’re excited to share, as well as existing practices that have been formalized.

• One policy for everyone: There is one policy that defines prohibited conduct, and applies to all community members, from students and employees to third parties, rather than separate policies depending on your role (or the type of conduct).
• One investigative procedure: There is now one investigative procedure that applies to all types of misconduct, rather than different investigation processes in different policies.
• Clear and consistent definitions: The new policy provides more detailed definitions and examples of prohibited conduct, including expanded coverage of technology-facilitated misconduct such as doxxing, deepfakes, sextortion, and online impersonation.
• A renamed and restructured office: The Office of Civil Rights Compliance & Title IX is now the Office of Civil Rights & Community Support (CRCS), reflecting the office’s broader scope and mission since it was placed under the Office of the General Counsel in 2025.
• Responsible Reporters: The policy uses the term “Responsible Reporter” rather than “Responsible Employee” and extends reporting obligations to certain student leadership and mentoring roles, such as House Presidents.
• Process improvements formalized: When a report comes in, CRCS has discretion to determine what options are available based on what is being reported. Other process improvements include updates to both parties at least once every 30 days, equal opportunity for all parties to present relevant information, access to the draft investigative report with the ability to provide comments, and sharing of the final report with all parties.

No. Nothing in the policy changes the College’s position on discrimination or harassment. The following continue to be protected categories under the new policy:

• Sex and gender
• Gender identity and expression
• Transgender identity
• Sexual orientation
• Religion
• Age
• Disability
• Veteran status
• Active military status
• Race
• Color
• Ethnicity or ethnic characteristics
• National origin or shared ancestry
• Genetics
• Pregnancy or pregnancy related conditions

The policy also continues to prohibit retaliation against someone who makes a report to or is involved in a process with CRCS.

The new policy and its companion processes took effect on September 8, 2026. For conduct that may have occurred before that date, please contact CRCS for the applicable policy and process.

The policy applies to all Smith community members—faculty, staff, and students, as well as third parties such as visitors, vendors, and contractors.

The policy applies to conduct occurring on campus and in any off-campus Smith program, activity, or event, including national and international College-sponsored programs or College-led trips. It may also apply to off-campus conduct that has an impact on the College and/or on an individual’s ability to participate in the College’s programs or activities.

If a concern involves students from a different Five College institution, the student conduct procedures of the institution at which the accused student is enrolled governs. Five College students who wish to report concerning behavior that occurs at an institution other than their home campus may do so by contacting the civil rights or Title IX office at either their home institution or the institution where the behavior occurred. CRCS may coordinate with other institutions on behalf of a Smith student.

The policy prohibits:

• Discrimination based on any protected category
• Sex/gender-based harassment
• Harassment based on other protected categories
• Romantic or sexual relationships between employees and students
• Sexual exploitation
• Sexual misconduct (including non-consensual sexual contact, sexual assault, relationship violence, and stalking)
• Retaliation

Title IX sexual harassment requires that the conduct be severe, pervasive, and objectively offensive—all three—and must meet certain jurisdictional requirements (the conduct must have occurred in the United States, in a College program or activity).

Non-Title IX sex/gender-based harassment requires the conduct to be severe, pervasive, or persistent, and is not limited to the same jurisdictional boundaries.

Harassment can take many forms. Some examples include:

• Making jokes about the fact that a person is an immigrant, continually mispronouncing their name, gossiping about the food they bring in for lunch, mocking the country that person is from, giving this person extra work during a holiday saying “you probably don't celebrate this anyway.”
• Making jokes about the fact that a coworker 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,” making age-related jokes when this employee has a birthday, excluding this person from a work outing because “you probably don’t like to hang out with young people.”
• Complaining that a class location has been moved to accommodate someone with a disability, making fun of a person because of how they move, 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.”

Yes. The policy covers conduct on the basis of a protected category that occurs through digital platforms and online spaces, including online identity-based harassment, doxxing, online impersonation, virtual mobbing, deepfakes and manipulated media, sextortion, and sending offensive messages, comments, or images based on a protected category.

Yes. The policy prohibits romantic involvement or sexual relationships between employees (faculty and staff, not including undergraduate student staff) and students. Given the power asymmetry, the College regards such relationships as inherently coercive. Employees who had a pre-existing relationship with someone who then becomes a student, or who becomes an employee while in a relationship with a student, must disclose the relationship to Human Resources to ensure there is no power dynamic between the two (for example, one partner is not the other partner’s supervisor).

Under the policy, sexual misconduct includes sexual exploitation, non-consensual sexual contact, sexual assault, relationship violence, and stalking.

At Smith, our policy requires affirmative consent to engage in sexual activity. Affirmative 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. It is important to remember that:

• 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

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. 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. Knowingly engaging in sexual activity with someone who is incapacitated is a violation of this policy.

Some signs of incapacity include:

• 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

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 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 consent.

No, relationship violence includes more than just physical abuse toward a partner in a romantic or sexual relationship. It also includes economic control, psychological abuse, and/or emotional abuse and behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound.

All College employees (except those who work in confidential resources) are considered Responsible Reporters and must report to CRCS anything that may rise to the level of discrimination, harassment, or sexual misconduct. Students in certain roles —student employees, house presidents, orientation leaders, student academic advisers, and heads of new students—are also Responsible Reporters while acting in their roles.

Contact us! We are here to answer any questions you have. You can share a hypothetical situation with us, and we’ll let you know what the right next step is.

Responsible Reporters should share with CRCS any information they learned about the concern, including names of all individuals involved and all details known about the concern (“who, what, where, how”). You do not need to ask questions to obtain more information. Once you believe there may be a discrimination, harassment, or sexual misconduct concern, share any information that you have.

Yes. To make a complaint anonymously, community members may do so via smith.ethicspoint.com. If you choose to share concerns anonymously, CRCS may be unable to address your concerns. Responsible Reporters may not make an anonymous complaint if making a complaint in their capacity as a Responsible Reporter.

The College designates certain resources as confidential, meaning they are not required to share with CRCS. Confidential resources include:

• Schacht Center for Health and Wellness: 413-585-2811
• TELUS Health: for counseling services
• Center for Religious and Spiritual Life: 413-585-2750
• Employee Assistance Program (EAP): for employees

Off-campus confidential resources are also available, including the Center for Women and Community (413-545-0800), Safe Passage (413-586-5066), and the National Sexual Assault Hotline (RAINN) at 1-800-656-4673.

Speaking with a confidential resource does not prevent you from also talking to CRCS. You can connect with both resources, should you choose to do so.

No. There is no time limit on sharing information with CRCS. However, later reporting may limit options to address the concern. For example, the College cannot pursue disciplinary action against an individual who is no longer affiliated with the College, but there may be other support measures and options available.

Yes. You may report to law enforcement, to CRCS, to both, or to neither. If you share concerns that may also involve criminal conduct, CRCS can assist you in making a report to Campus Safety or other applicable law enforcement agency. A law enforcement investigation and the College’s process can proceed simultaneously.

Typically, when CRCS receives a concern, a member of the CRCS team will reach out to the impacted individual via email. This email includes an offer to meet, and information on support resources.

Impacted individuals can choose whether or not they want to meet with CRCS. The goal of any outreach is to ensure the impacted individual is aware there is a place on campus they can go to learn about available supportive measures, and options to address concerning conduct.

Supportive measures are non-disciplinary actions the College can take to support involved individuals, regardless of whether a formal complaint is filed. They are designed to preserve access to education and employment, protect safety, and prevent retaliation. Examples include schedule or housing changes, academic accommodations, work arrangement adjustments, mutual no contact orders, counseling referrals, and safety planning. Supportive measures are available to both the person who shared concerns and the person who allegedly committed the conduct.

Depending on the specific situation, there may be both formal and informal options available to address concerning conduct. Informal resolutions can include support measures for the impacted party, a non-punitive mutual no contact order, a mediation, a facilitated conversation, and/or an educational conversation, among other things.

A formal resolution is a formal process that includes an investigation followed by an investigative report, and a decision making process. If the decision-makers determine the policy was violated, sanctions or other remedial measures may be issued.

The Complaint Resolution Process governs how reports of discrimination, harassment, and certain forms of sexual misconduct are investigated and resolved. It covers the steps from initial assessment through investigation, determination of responsibility, sanctions, and appeals.

The Title IX Hearing Process is the decision-making process that applies to conduct that meets the definition of Title IX sexual harassment, Title IX sexual assault, Title IX relationship violence, or Title IX stalking and satisfies certain jurisdictional requirements. It includes a live hearing with the opportunity for cross-examination conducted by the parties' advisors.

The College uses the preponderance of the evidence standard. This means the information supporting a finding of responsibility must be more convincing than the information opposing it. Under this standard, a person is presumed not to have engaged in prohibited conduct unless the evidence supports a finding that the conduct more likely than not occurred.

Yes. The policy strictly prohibits retaliation against anyone who makes a report, participates in an investigation, or otherwise engages with the process in good faith. Retaliation can include threats, intimidation, harassment, adverse changes to academic or employment conditions, or any other action taken because of someone’s participation. If you believe you have experienced retaliation, report it to CRCS.

The College recognizes that students may hesitate to report concerns if they were using alcohol or drugs at the time of an incident. Students who report concerns related to this policy—whether as an impacted party or a witness—will not be subject to disciplinary action under the Code of Student Conduct 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 still initiate an educational discussion or pursue other educational remedies. The amnesty provision applies only to the College’s Code of Student Conduct process.

Yes. Throughout any process under this policy, you may be accompanied by a support person or adviser of your choice, including an attorney, family member, friend, or union representative. Your adviser may attend any meeting or proceeding with you. In the Title IX Hearing Process, your adviser plays an active role, including conducting cross-examination on your behalf. If you do not have an advisor for a Title IX hearing, the College will provide one at no charge.