Kathleen A. Martin, DPE
Vice Provost and Chief Educational Compliance Officer
Sexual misconduct of any form is a violation of a person's rights, dignity and integrity. An act of sexual misconduct represents a fundamental failure by a community member to recognize and respect the intrinsic worth and dignity of another. Acts of sexual misconduct are harmful and illegal and will not be tolerated at Bay Path University. Such acts corrupt the integrity of the educational process, are contrary to the mission and values of the Bay Path community and are against University policy.
All members of the Bay Path community should be free from sexual misconduct in the classroom; the social, recreational and residential environment; and the workplace. The University seeks to foster a climate free from sexual misconduct through a coordinated education and prevention program, the promulgation of clear and effective policies, as well as investigative and grievance procedures that are prompt, equitable, and accessible to all. In response to any reported sexual misconduct, the University will take all appropriate steps to eliminate the misconduct, prevent its recurrence and address its effects.
In order to foster a climate of respect for oneself and for one another and provide for the safety and security of our community, the University expects all community members to take action to prevent acts of sexual misconduct. Creating a safe campus environment is the responsibility of all members of the University community, both individually and collectively.
In order to foster a climate that encourages reporting of sexual misconduct, the University will actively educate the community, respond to all allegations promptly, will provide interim measures to address safety and emotional well-being, and will act in a manner that recognizes the inherent dignity of the individuals involved.
In order to achieve equitable results, the University will carefully review and/or investigate all reports with an earnest intent to understand the perspective and experiences of each individual involved, and provide for fair and impartial evaluation and resolution.
The purpose of this policy is to provide the Bay Path community with a clearly articulated set of behavioral standards, common understandings of definitions and key concepts, and descriptions of prohibited conduct. The policy applies to all community members, including students, faculty, and staff. It is intended to protect and guide students, faculty and staff who have been affected by sexual misconduct, whether as a Complainant, a Respondent, or a third party.
When used in this policy:
In addition to defining sexual harassment and the forms of sexual misconduct that violate the standards of our community, this policy will also:
As stated above, this policy applies to all members of the Bay Path community, including students, employees, visitors, and independent contractors. When used in this policy, employee generally refers to both staff and faculty members, although there are separate complaint processes delineated for non-faculty employees and for faculty members. Vendors, independent contractors, visitors, and others who conduct business with the University or on University property are also expected to comply with this policy.
All University community members are responsible for their actions and behavior, whether the conduct in question occurs on campus or in another location. Members of the Bay Path University community have a responsibility to adhere to University policies and local, state and federal law.
As a result, this policy applies both to on-campus and off-campus conduct. In particular, off-campus behaviors that have an actual or potential adverse impact on any member of the University community or the University fall under this policy.
Any individual may make a report alleging a violation of this policy. The University will provide resource options and respond promptly and equitably to all allegations of sexual misconduct. The University will engage in a Title IX review throughout which it is committed to maintaining fairness for all parties and to balancing the needs and interests of the individuals involved with the safety of the community as a whole.
The University recognizes that harassment related to an individual’s sex, sexual orientation, gender identity or gender expression can occur in conjunction with misconduct related to an individual’s race, color, ethnicity, national origin, religion, age, or disability. Targeting individuals on the basis of these characteristics is also a violation of the community standards. Under these circumstances, the University will coordinate the investigation and resolution efforts (see Section IX, Resolution Process for Complaints) to address harassment related to the targeted individual’s sex, sexual orientation, gender identity or gender expression together with the conduct related to the targeted individual’s race, color, ethnicity, national origin, religion, age, or disability.