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The purpose of this section is to inform and educate members of the ������Ƶcommunity on the processes and procedures related to bias incidents. Such incidents work contrary to the inclusiveness that forms the foundation for the College’s educational community, and so the College takes any reports of them very seriously. ������Ƶhas established a systematic approach for responding to the harm and the impact bias and insensitive incidents can have on the well-being and success of members of our community. ������Ƶencourages students to review the content provided.

Title VI of the Civil Rights Act of 1964 (Title VI)

Title VI, 42 U.S.C. § 2000d et seq., is a part of the Civil Rights Act of 1964. It prohibits discrimination based on race, color, and national origin in programs and activities receiving federal financial assistance. The code states “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (Pub. L. 88-352, title VI, Sec. 601, July 2, 1964, 78 Stat. 252.) Title VI protects ������Ƶstudents, faculty, staff and visitors from discrimination in any program, service, and activity offered by the College.

The following resolution was affirmed by the faculty in 1973: The faculty of ������ƵCollege reaffirms its commitment to an academic environment free of racial discrimination in which all individuals are treated with a common standard of decency. It commits itself to a continuing effort to confront and resist racist attitudes and actions wherever they appear in the ������Ƶcommunity, and to build a community useful and attractive to all individuals regardless of ethnic background. Please contact the Dean of Students with questions or concerns.

The College is committed to providing an educational and employment environment that is free from discrimination based on protected characteristics, harassment, and retaliation for engaging in protected activity. The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved.

If a student reports a bias incident or hate crime, they can expect that their concerns will be treated with respect and sensitivity and that each case will be taken seriously. However, it is important to remember that incidents of bias, insensitivity and hate crimes are very complex and may not be immediately recognizable as belonging to one of these three categories.

Reporting Incidents of Bias and Discrimination

Bias incidents are any act, conduct, or communication that reasonably is understood to demean, degrade, threaten, or harass an individual or group based on an actual or perceived: age; citizenship status; color; creed; disability; domestic violence victim status; ethnicity; familial responsibilities; genetic information; marital status; national origin/ancestry; personal appearance; political belief or affiliation; race; religion; residence; source of income; veteran or military status; weight; or any other protected characteristic under applicable local, state, or federal law. Bias can occur whether intentional or unintentional and may not violate college policy or state or federal law to be defined as a bias incident. In a bias incident the actor/perpetrator may be known or unknown. Whether an incident meets this definition or not The College is committed to responding to bias incidents by addressing accountability, providing support to those impacted and by creating educational moments for community engagement. Whenever appropriate the College will investigate reported incidents and hold community members accountable for actions that violate college policies or the law.

Note that there are broader categories utilized here than what appears in the College’s Statement of Non-discrimination. The Statement of Non-discrimination only focuses on categories that are protected by law, while the College’s bias incident definition covers categories that are not covered by law, but that are covered under College policies.

Hostile or hateful speech or other discriminatory behavior may be considered a bias incident, but under certain conditions may also be a hate crime.

The Bias Education & Support Team (BEST) is the coordinated system for tracking and communicating to the College Community, as appropriate, and by creating moments for community accountability and learning. It is important to note that the work of BEST does not replace or supersede any process dictated by administrative rule or criminal law. Through tracking and documentation of de-identified incidents BEST will also increase awareness on critical issues and create opportunities for engagement and learning within a restorative justice framework.

������Ƶwill act on reports of incidents of bias discrimination received through the on-line reporting form, by a mandatory reporter, or through direct reporting to the Assistant Vice President for Compliance or their designee. When receiving reports, every effort is made to preserve the privacy of reports and to respect an individual’s desire for confidentiality; however, the College may be legally required to take action depending on the nature of the report. The reporter party will be informed if, in the course of satisfying this obligation, the College may be unable to comply with a request for confidentiality. Reports can be made anonymously with the on-line form and while anonymous reporting can help the College monitor campus climate and inform potential program planning it can be difficult for the Assistant Vice President for Compliance or their designee to follow up on a specific incident without knowing the parties involved.

Hate Crimes

Under Massachusetts law, hate crimes are those motivated by or against a person or group on the basis of race, color, religion, sexual orientation, disability, ethnic/national origin, gender, and gender identity. Hate crimes encompass not only violence against people or groups, but also crimes against property, such as arson or vandalism, particularly those directed against community centers or houses of worship. Hate crimes can occur in any of the following ways:

• Intimidating or threatening behavior that puts a person in fear of imminent physical harm (assault, threats to commit certain crimes).
• A physical attack (assault and battery, as well as other violent crimes such as murder, manslaughter and rape).
• Damage to property (arson, vandalism).

Targeted Individuals

A targeted individual is the person or group against whom a bias incident or hate crime is directed. This may or may not be the same as the reporting party. The College recommends using one of these terms rather than the word victim.

Students may go to the following offices/departments to seek help with bias incidents/hate crimes and fill out a Bias Incident Form:

• Public Safety and Service
• Office of Residential Life
• Division of Student Life
• Counseling Service
• Health Services
• Office of Diversity, Equity and Inclusion

Most of these offices have 24-hour on-call capacity.

The Division of Student Life works closely with the Assistant Vice President for Compliance to liaise on student-to-student bias incidents and hate crimes reported on campus.

The Division of Student Life also reports incidents that may fall within the Sex Discrimination and Sex-Based Harassment Policy to the Title IX Coordinator to facilitate the intake and relevant procedures.

Below are a list of off-campus resources that are available to provide support and information around bias incidents and hate crimes:

• Northwestern District Attorney’s Office
• Office for Civil Rights
• American Civil Liberties Union
• Anti-Defamation League

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), and included amendments, are civil rights laws that prohibit discrimination against individuals with disabilities. Section 504 29 U.S.C. § 793 states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that either receives federal financial assistance or is conducted by any executive agency or the United States Postal Service. Section 504 and ADA 42 U.S.C § 12101 ensure that the individuals with a disability have equal access to programs, services and activities of the College. Individuals with disabilities may request accommodations and modifications as a means to gain access to College programs, activities and services.

Under these laws, discrimination on the basis of a disability can be physical barriers or an inaccessible facility that prevents access to a program, activity or service, or denial of an approved accommodation. Section 504 and the ADA protect ������Ƶstudents, faculty, staff, and visitors.

Students seeking a disability-related accommodation should contact Disability Services. Disability Services is the only designated office at the College for students to voluntarily disclose a disability or disabilities, submit appropriate documentation for verification, and request accommodations. See more about Disability Services under the Access and Inclusion section of this handbook.

Disability Services approves and facilitates academic, housing, dining and on-campus employment-related accommodations in support of students with all types of disabilities. Students seeking more information on services provided to students and/or information on requesting accommodations should contact Disability Services at 413-538-2634. Students can also visit mtholyoke.edu/directory/departments-offices-centers/disability-services, send an email to disability-services@mtholyoke.edu or stop by the office on the third floor of Mary Lyon Hall.

The College has also designated a primary coordinator to respond to reports of disability discrimination. The 504 Coordinator is responsible for overseeing the College’s efforts to comply with Section 504 of the Rehabilitation Act both for programmatic and physical accessibility. The 504 Coordinator will respond to complaints of disability discrimination as well as identify and address patterns or systemic problems that arise during the review of such complaints.

504 Coordinator
section504coordinator@mtholyoke.edu

Title IX of the Education Amendments of 1972

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil-rights law that prohibits discrimination on the basis of sex in education programs and activities. Under Title IX, discrimination on the basis of sex can include sex-based harassment, gender-based harassment, sex or gender-based discrimination, sexual assault, and other forms of sexual misconduct, including stalking and domestic and dating violence. On the basis of sex includes sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

������ƵCollege’s Sex Discrimination and Sex-Based Harassment for incidents occurring after August 1, 2024, and the Gender-based and Sexual Misconduct Policy for incidents taking place prior to August 1, 2024, can be found at: /directory/departments-offices-centers/title-ix.

The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment and retaliation prohibited under this policy.

Shannon Lynch 
Title IX Coordinator 
1 Skinner Hall Dwight Hall 217 
titleixcoordinator@mtholyoke.edu 
413-538-2273

More information on support, resources and pregnancy can be found at: /directory/departments-offices-centers/title-ix.