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Sexual Misconduct & Civil Rights (Title IX)

The Bay Path University community welcomes and affirms the rights of its students, faculty and staff to live, work and study in an environment free of discrimination, harassment and sexual misconduct. Title IX of the Education Amendments of 1972 ("Title IX") prohibits discrimination based on sex in the education programs and activities of an institution which receives federal financial assistance. As a recipient of federal financial assistance, Bay Path University is required to adhere to Title IX requirements.

Title IX protects faculty, staff and students against unlawful acts of sexual misconduct, including sexual violence, sexual harassment, sexual exploitation, intimate partner violence, dating violence, bullying (including cyberbullying) and stalking. Taken together, these acts are termed sexual misconduct. The University prohibits retaliation for advocating for a right protected under Title IX.

Title IX Coordinator

Bay Path University’s Title IX Coordinator, Peter Testori, EdD, serves in a neutral role and is available to all students, faculty, staff, guests, and visitors to provide resources and answer questions regarding the process to report a possible violation of the institution’s policy. Any incident involving sexual misconduct, harassment or discrimination may be reported to the Title IX Coordinator. In the role as the Coordinator, Dr. Testori accepts the responsibility of upholding Bay Path’s Title IX policy and is a confidential resource to those who may wish to discuss an incident but may not be ready to file a formal report.

Statement of Non-Discrimination and Coordination of Policies

The University is committed to adhering to all state and federal laws prohibiting discrimination in its educational programs and activities including employment on the basis of a person’s race, sex, religion, color, national origin, age, marital or parental status, military service or veteran status, gender, disabilities, genetic information or other legally protected status, mission as permitted by law.

This Policy supports the University’s commitment to compliance with Title IX of the Education Amendments of 1972 (Title IX), a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities, as well as other federal and state laws prohibiting discrimination in education and employment including Title VII of the Civil Rights Act of 1964 and The Massachusetts Fair Employment Practices Act, M.G.L. Ch. 151B.

Questions concerning the University’s policies prohibiting sex-based discrimination including Sexual Misconduct and other forms of prohibited discrimination and harassment, can be directed to: Vice President and Director of Human Resources, Javier Padilla, at japadilla@baypath.edu and 413.565.1252, and/or Title IX/Sexual Misconduct Coordinator, Peter Testori at ptestori@baypath.edu and 413.565.1058.

In addition to making reports to the University, individuals may direct questions and/or complaints regarding sex-based discrimination to the United States Department of Education Office for Civil Rights, at (OCR@ed.gov or 800.421.3481), or to the United States Equal Employment Opportunity Commission, John F. Kennedy Federal Building, 475 Government Center, Boston, MA 617.565.3200 and the Massachusetts Commission Against Discrimination, 436 Dwight St # 220, Springfield, MA 01103, 413.739.2145, concerning prohibited discrimination in employment.

Resources

The first step to preventing sexual misconduct on campus is being able to recognize its signs. Reporting incidents of possible misconduct that have been witnessed may be uncomfortable. However, bystanders can play an important role in preventing further, escalated misconduct.

Resources:

If you think you have experienced sexual misconduct, there are many resources available to you. If you are unsure of what may constitute sexual misconduct, please refer to the Prohibited Conduct & Definitions sections of Bay Path’s policy on Sexual Misconduct. Remember, you are not alone. At Bay Path, it is essential that students and employees feel they are safe and supported. Bay Path offers confidential resources on campus and online to help those who have been affected by sexual misconduct.

Who Can Help:

If you have been affected by sexual misconduct and would like to speak with an individual on campus, there are numerous people ready to help. You may meet with the Title IX Coordinator confidentially, with no obligation to file a formal report. You may also meet with the campus nurse, a campus counselor in the Counseling Center or a Campus Public Safety officer. All Bay Path University employees, including student workers, have a duty to report incidents to the Title IX Coordinator. Additionally, off-campus resources are also available to you. A full list of resources available is below:

ON CAMPUS

Title IX Coordinator
Peter Testori
Elliott Hall 209
413.565.1058
ptestori@baypath.edu
Javier Padilla
Assistant Vice President and Director of Human Resources
Longmeadow House
413.565.1252
japadilla@baypath.edu
Director of Health Services
413.565.1391
Campus Public Safety
413.565.1225
University Counseling Center
413.565.1276
counseling@baypath.edu

OFF CAMPUS

Longmeadow Police Department - 911
Baystate Medical Center
413.794.0000
Springfield, MA
Open 24 hours
Sonic Urgent Care
413.60.5858
East Longmeadow, MA
Planned Parenthood of Western MA
800.258.4448
Springfield, MA
Domestic Violence Shelter Services 24 Hour Hotline
Day Number: 413.732.3121
24-Hour Hotline: 413.733.7100

Bystander Intervention

Resources for Bystanders:

What is a bystander?

A bystander is defined as “someone who is present at an event or incident but does not take part.” A bystander may or may not know the individuals involved in the incident. They may have been present before an incident escalated or after it occurred.

What Responsibilities Do Bystanders Have?

As a bystander, you carry the responsibility of standing up for the rights of others and pursuing justice. Of course, there are some situations in which it is unsafe to intervene in the moment, however, that does not mean that you cannot still help. A bystander simply witnesses an event, but an active bystander takes steps to make a difference. We must all strive to be active bystanders in order to prevent escalated incidents and fulfill our responsibilities as members of the community. Being an active bystander means:

Speaking up in a problem situation when it is safe to do so.
Advocating for the safety of victims and potential victims of sexual misconduct.
Reporting any incident of sexual misconduct to an official resource, whether you were there or you were informed of it.
Calling out others who use discriminatory or otherwise inappropriate language.

The University encourages the reporting of misconduct and crimes and understands that witnesses and reporting parties may be hesitant to come forward for fear of disciplinary action against them. The University has in place a policy of amnesty for individuals who come forward and will provide educational options rather than punishment if additional policy violations become known as a result of making a report.

It’s On Us

Bay Path University is proud to be a part of the “It’s On Us” Campaign to stop sexual assault. As part of this campaign, we invite all members of the Bay Path Community to take the pledge and “help create an environment where sexual assault is unacceptable and survivors are supported.” For more information on the “It’s On Us” movement, be sure to check out the official website.

How to Help:

Bay Path offers a variety of resources to both victims and witnesses of sexual misconduct. The following is a list of resources for bystanders:

The Title IX Coordinator
Bay Path University Counseling
Campus Public Safety

Report an Incident of Sexual Misconduct

Individuals who wish to alert the University about an incident of sexual misconduct may do so in a variety of ways. The decision to file a formal report is not easily reached and can be an overwhelming prospect for those affected by sexual misconduct. Formal reports must be filed with the Title IX Coordinator Peter Testori, 413.565.1058 ptestori@baypath.edu

The University has created an online anonymous reporting option to make the process easier for students and employees who may wish to file a form report. On the Report an Incident page, individuals may note the difference between filing a report with Campus Public Safety, (to Bay Path directly) and with the Longmeadow Police Department. Once an individual has decided with whom they would like to make a report, a report may be easily completed online.

Who to Report To:

There are many individuals and resources available on campus that students and employees may report an incident of sexual misconduct to. Individuals may file a formal report documenting an incident with:

The Title IX Coordinator
Peter Testori
Phone: 413.565.1058
Campus Public Safety
Phone: 413.565.1225
Longmeadow Police Department
911

The University is committed to responding to all reports of sexual misconduct in a timely and effective manner. The timeframe of when an individual should file a report of sexual misconduct is not limited in any way, however, it is important to note that as time passes, it becomes more difficult to find crucial evidence. In light of this, all investigations of sexual misconduct are to be thorough yet efficient, with a resolution that is reasonable given the situation.

I Made a Report - Now What?

Filing a report is an important first step towards addressing an incident of sexual misconduct. The University acknowledges that it may be difficult to come forward; but, there are resources to assist in the process, beginning with the Title IX Coordinator or Assistant Coordinator.

Interim Measures/Remedial Action

The University will address all reports of possible violations of the Sexual Misconduct and Civil Rights Policy. A complete overview of the process can be found in the University Policy.

Clery Reporting

The University is required to document all reports of sexual misconduct and to report statistics of crime on campus consistent with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. No personally identifiable information will be shared for the purpose of maintaining these statistics. Identities and specific fact patterns will remain anonymous.

If a report of sexual misconduct represents an immediate threat to the University community, timely notice must be given to protect the health or safety of the community. In such cases, the same level of confidentiality may not be possible. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that include the use of force or a weapon, or other circumstances that represent a serious and ongoing threat to students, faculty, staff, or visitors.

2020-2021 Title IX Training Material

Level One Training & Certification Course

Level Two Training & Certification Course

Additional inquiries regarding Title IX may be made to:

Robert King, Asst. Secretary of Education, U.S. Department of Education, Office of Postsecondary Education, 400 Maryland Avenue, S.W., Washington, DC 20202

Main Telephone: 202-453-6914

Contact Info

Peter A. Testori, EdD

Dean of Academic Services & Coordinator, Title IX

Bay Path University
588 Longmeadow Street
Longmeadow, MA 01106 413.565.1058 ptestori@baypath.edu