---

Non-Discrimination Policy Appendices

Appendix A – Glossary

This Appendix describes the specific forms of Prohibited Behavior and includes definitions of terms used throughout Boston University’s Non-Discrimination Policy (“Policy”) and the corresponding Non-Discrimination Procedures (“Procedures”).

Administrative Resolution Process: A method of resolution designated by BU to address conduct that falls within its Policy and Applicable Law(s), and through which BU complies with the requirements of various federal and state laws. The two types of administrative resolution available under the Procedures are the Grievance Process and Alternative Resolution Process.

Administrator: A University employee responsible for determining and implementing sanctions; typically, a dean, director, department head, or manager. Implementation and coordination of sanctions will be in consultation with the Title IX Coordinator.

Advisor: A person chosen by a party to accompany the party to meetings and/or proceedings related to the Administrative Resolution process and advise the party on that process. For more information see Section IV.F of the Procedures.

Alternative Resolution: A voluntary complaint resolution process that parties may mutually opt into and which occurs prior to a finding under the Policy and the Procedures. Any Alternative Resolution (not including Accepted Responsibility, except in a case involving Title IX Sexual Misconduct) must be agreed to by the parties in writing and approved by the EOO. Previously referred to as “informal resolution.”

Appeal Decision-Maker: The Appeal Decision-Maker differs based on the identity of the Respondent. EOO will consult with the University Provost, Vice President of Human Resources, or Dean of Students to identify the appropriate Appeal Decision-Maker, who will have not been involved in the originating investigation or hearing. Once the Appeals Decision-Maker is determined, the EOO will direct the appeal of the Administrative Resolution Process to them for review and disposition.

Applicable Law(s): Federal, state, and local laws, regulations, and ordinances, including Title VI and Title VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Mass. Gen. L. c. 151B, the Massachusetts Campus Sexual Violence Law, and other similar laws that prohibit discrimination, harassment, and retaliation, all as amended. 

Bias Review Team: A multidisciplinary University team that reviews and tracks reports of bias-related conduct, provides support and resources to impacted individuals, and, where appropriate, implements responsive measures to address potential hostile environments. The BRT generally addresses conduct that falls outside of the Policy but still warrants University attention, including matters involving protected speech, anonymous reports, or unknown respondents.

Coercion: Unreasonable pressure imposed on a person to comply or engage in sexual activity. Coercion may include threats, shaming, public humiliation, misuse of authority, or emotional intimidation.

Community Member: A BU Student, Employee, or Third-Party.

Complainant: A Community Member alleged to be the recipient of conduct that may constitute Prohibited Behavior. The Complainant may or may not be the person who reports the alleged misconduct.

Complaint: A verbal or written request made to the University that can reasonably be understood as a request for the University to take action to address alleged Prohibited Behavior under the Policy.

A Complaint may be made by:

• • A Complainant;
  • A person with the legal right to act on behalf of a Complainant, where applicable[1];
  • The Title IX Coordinator, in limited circumstances consistent with the Policy and applicable law; or
  • Any student, employee, or other person who was participating in or attempting to participate in a University Education Program or Activity at the time of the alleged conduct.

A Complaint initiates the University’s Administrative Resolution Process for all forms of Prohibited Behavior except Title IX Sexual Misconduct, for which a Formal Complaint (defined below) is required to initiate the Grievance Process.

A Complaint may be submitted in person, by email, by phone, or through the University’s Incident Report Form available at www.bu.edu/eoo.https://www.bu.edu/policies/interim-equal-opportunity-and-title-ix-policy-appendices/

Confidential Resource: An Employee who is not obligated to report Prohibited Behavior (irrespective of Clery Act Campus Security Authority status) to the Resolution Team.  To be considered a Confidential Employee, the Employee must be (1) an Employee; (2) acting within the scope of their University job; and (3) satisfy one of the following three categories – (a) federal or state law renders the Employee’s communications privileged or confidential and they receive the information when acting within the scope of the duties to which their privilege or confidential status applies; or (b) BU has designated the Employee as confidential for purposes of providing services related to sex discrimination.

While not considered Required Reporters, all Confidential Resources must, upon a disclosure of Prohibited Behavior from a Complainant, provide the following information to the discloser:

• • (i) Information about their confidential status;
  • (ii) Contact information for the Title IX Coordinator, and information about the Title IX Coordinator’s role in implementing Supportive Measures and initiating Administrative Resolution; and
  • (iii) Information about how to report Prohibited Behavior.

Please see Appendix B for a list of Confidential Resources at BU. Please see Appendix C for a list of on- and off-campus counseling, advocacy, and legal resources.

Consent: Words or actions that establish mutually understandable permission regarding the scope of sexual activity. Consent must be obtained by the person who initiates the sexual activity, and must also be a) informed, b) voluntary, and c) ongoing throughout the sexual activity. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. Consent is also not possible if a party is incapacitated (see definition below).

Criminal Sexual Contact: The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication.

Dating Violence: Violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and, (2) where the existence of such a relationship will be determined based on a consideration of the following factors – (a) the length of the relationship; (b) the type of relationship; and (c) the frequency of interaction between the persons involved in the relationship.

Day: A unit of time indicating 24 hours, occurring between 12:00 a.m. and 11:59 p.m. References to this term in the Policy, Procedures or Appendices are to calendar days.

Discrimination (Disparate Treatment): Disparate treatment resulting from a discrete, adverse educational or employment action that is based on the complainant’s actual or perceived protected status(es) as defined by the Policy, including specifically, sex-based harassment and other forms of harassment on the basis of sex (including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression, and marital or parental status), as well as race, color, natural or protective hairstyle, religion, age, national origin (including shared ancestry and ethnic characteristics and citizenship/residency in a country with a dominant religion or distinct religious identity), ethnicity, physical or mental disability, genetic information, or because of military service or veteran status.

Adverse action(s) in the context of Disparate Treatment Discrimination have a substantial and material adverse effect on the Complainant’s ability to participate in the living, learning, or working environment. Please note that in the context of athletics, different provisions within Title IX apply and may be implicated.

Domestic Violence: Felony or misdemeanor crimes committed by a person who: (1) is a current or former spouse or intimate partner of the victim under the Massachusetts family or domestic violence laws, or a person similarly situated to a spouse of the victim; (2) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (3) shares a child in common with the victim; or, (4) commits acts against a youth or adult victim who is protected from those acts under Massachusetts family or domestic violence laws.

Employee: A person employed by the University and subject to the Policy and Procedures. This term includes faculty and staff, including regular full-time and part-time, tenured, probationary, temporary, intermittent, casual, per-diem, and Student Employees when acting within the scope of their employment. This term does not include auxiliary or other third-parties.

Equal Opportunity Office (EOO): The University office designated to administer the Policy and Procedures. Generally, EOO receives all Incident Report Forms, assists with Supportive Measures, conducts intakes, provides resources and support, assesses, and manages all allegations of Prohibited Behavior against Community Members. More specifically, EOO facilitates the following:

• Conducting BU’s centralized review, investigation, and grievance procedures for complaints of Prohibited Behavior;
• Supervising the coordination of the Policy and these Procedures by addressing reports and conducting initial assessments, including providing Supportive Measures and training and conducting investigations and Alternative Resolution; and
• Housing the University’s Title IX office, whose role is to coordinate BU’s compliance with Title IX.

Failure to Accommodate: Failure to provide reasonable accommodations in accordance with applicable University policies and governing law for a known or reasonably known disability of a qualified employee[2] or for a sincerely held religious belief of an employee or student. A failure to accommodate does not occur where the requested accommodation would impose an undue hardship, pose a direct threat, or fundamentally alter the nature of a University program or activity, consistent with applicable law.

The Policy on Reasonable Accommodations for Employees or Applicants for Employment, which provides information about how to request a reasonable accommodation, is available here: https://www.bu.edu/policies/policy-on-reasonable-accommodations-for-employees-or-applicants-for-employment/.

Finding: A conclusion reached by the preponderance of the evidence (more likely than not) the Prohibited Conduct did or did not occur as alleged.

Force: To cause someone to engage in unwelcome sexual activity by using physical or verbal acts of coercion, threats, or intimidation.

Formal Complaint: A document filed by a Complainant with a signature or other indication that the Complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging Title IX Sexual Misconduct against a Respondent about conduct within the University’s Education Program or Activity and requesting initiation of the Procedures to investigate the allegation of Title IX Sexual Misconduct. A Formal Complaint is necessary to initiate the Grievance Process applicable to allegations of Title IX Sexual Misconduct.

Grievance Process: The resolution process used when there is reasonable cause to believe that the behavior implicates the Policy. The Grievance Process that is applied will depend on the nature of the alleged Prohibited Behavior; the Grievance Process described in Section VIII applies to both Formal Complaints alleging Title IX Sexual Misconduct and all other Complaints of Prohibited Behavior, and explains the differences between how Complaints and Formal Complaints are addressed.

Harassment (Hostile Environment, Not Including Sex): Unwelcome conduct that is prohibited by the Policy because it is based on the Complainant’s actual or perceived protected status(es) as defined by the Policy, including specifically forms of harassment on the basis of race, color, natural or protective hairstyle, religion, age, national origin (including shared ancestry and ethnic characteristics and citizenship/residency in a country with a dominant religion or distinct religious identity), ethnicity, physical or mental disability, genetic information, or because of military service or veteran status.

Conduct is considered “unwelcome” if the person did not request or invite it and perceives the conduct to be undesirable or offensive. Unwelcome conduct may include verbal, non-verbal, physical, or non-physical conduct. Conduct constitutes harassment when it is so severe or pervasive to create a hostile living, learning, or working environment, such that it effectively denies or substantially limits an individual’s ability to participate in or benefit from a University Education Program or Activity.

The University considers the conduct in question from both a subjective and objective perspective. It is necessary, but not enough, that the conduct was offensive to the individual who was harassed. The University will also need to find that a reasonable person in the Complainant’s position would have perceived the conduct as undesirable or offensive for that conduct to create or contribute to a hostile environment.

Harassment (Hostile Environment, Sex-Based Harassment):  Unwelcome conduct that is based on the Complainant’s actual or perceived status(es) as defined by the Policy, including specifically sex-based harassment and other forms of harassment on the basis of sex (including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression, and marital or parental status).

Conduct is considered “unwelcome” if the person did not request or invite it and perceives the conduct to be undesirable or offensive. Unwelcome conduct may include verbal, non-verbal, physical, or non-physical conduct.

Some examples of unwelcome conduct that could constitute sex-based harassment include (but are not limited to):

• Sexual propositions
• Sexual advances – with or without touching
• Sexual jokes or describing sexual conduct
• Comments on an individual’s body and/or appearance
• Comments about sexual activity, experiences, deficiencies or prowess
• Displaying sexually suggestive objects, pictures, cartoons and other images
• Sexual gestures, leering, whistling or innuendos of a sexual nature
• Unwelcome or unwanted contact – touching, hugging, brushing against a person’s body, impeding or blocking movement
• Hostile or intimidating conduct such as yelling or screaming at an individual based on sex/gender
• Sexist statements and behavior
• Taunting slurs or other hostility for failing to conform to expected notions of masculinity or femininity
• Persistent requests for dates
• Inappropriate gifts or communications (letters, telephone calls, emails, texts)
• Other sexual misconduct such as domestic or intimate partner/relationship violence and sexual assault (covered elsewhere in this policy)
• Use of pet names, nicknames or terms of endearment
• 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

Hearing Facilitator: An individual designated by the Equal Opportunity Office to manage the administrative and procedural aspects of a live hearing. The Hearing Facilitator is responsible for coordinating logistics, ensuring the hearing proceeds in accordance with the Non-Discrimination Procedures, and facilitating the orderly presentation of questions and evidence. The Hearing Facilitator does not serve on the Hearing Panel and therefore does not make findings of fact, determinations of responsibility, or decisions regarding sanctions or remedies.

Hostile Environment, Sex-Based Harassment includes Sexual Misconduct (both Title IX Sexual Misconduct and Non-Title IX Sexual Misconduct), and Title IX Sexual Harassment and Non-Title IX Sexual Harassment (defined below).

Title IX Sexual Harassment:  As defined in the 2020 Title IX Regulations, 34 CFR 106.30, unwelcome sex-based conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to BU’s Education Program or Activity.

Non-Title IX Sexual Harassment:  Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a complainant’s ability to participate in or benefit from a University Education Program or Activity.

In evaluating allegations of Title IX Sexual Harassment and Non-Title IX Sexual Harassment, the University considers the conduct in question from both a subjective and objective perspective. It will be necessary, but not enough, that the conduct was offensive to the person who was harassed. The University will also need to find that a reasonable person in the complainant’s position would have perceived the conduct as unwelcome in order for that conduct to create or contribute to a hostile environment.

The University also considers the following factors in determining whether a hostile living, learning, or working environment has been created in evaluating allegations of Title IX Sexual Harassment and Non-Title IX Sexual Harassment: (i) the degree to which the conduct affected the complainant’s ability to access a University Education Program or Activity; (ii) the type, frequency, and duration of the conduct; (iii) the parties’ ages, roles within the University’s Education Program or Activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; (iv) the location of the conduct and the context in which the conduct occurred; and (v) other sex-based harassment in the University’s Education Program or Activity.

Impermissible Evidence: Evidence that will not be accessed or considered during the Administrative Resolution process involving Complaints, regardless of its relevance, except by the University to determine the admissibility of the evidence. Impermissible Evidence, and questions seeking that evidence, will be excluded, because it is (1) protected under a privilege as recognized by federal or state law, or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality; (2) a party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the recipient obtains that party’s or witness’s voluntary, written consent for use in the recipient’s grievance procedures; and (3) evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sexual conduct or preclude determination that Title IX Sexual Misconduct or Non-Title IX Sexual Misconduct occurred.

Incapacitation: The inability, temporarily or permanently, to understand the fact, nature, or extent of a situation because the individual lacks the mental or physical capacity to engage in sexual activity. This includes incapacitation due to alcohol or drug consumption that meets this standard or being asleep or unconscious.

Incest: Sexual intercourse or sexual activity between persons who are related by blood or adoption in a manner that makes marriage between them prohibited under Massachusetts law. Incest includes, but is not limited to, sexual acts between a parent and child, siblings, or grandparents and grandchildren. Consent is not a defense to Incest.

Investigator: The person(s) assigned by the EOO to investigate a complaint promptly and impartially. Investigators may be internal BU staff or external investigators who independently perform this role.

Parties: Complainant(s) and Respondent(s).

Preponderance of the Evidence: The greater weight of the evidence; i.e., the evidence on one side outweighs, or is more than, the evidence on the other side. Note that this is not the same as the criminal standard of beyond a reasonable doubt.

Prohibited Behavior: Discrimination, Harassment, Sexual Misconduct, or Retaliation as defined by the Policy and applicable federal, state, and local laws, regulations, and ordinances.

Quid Pro Quo Harassment: A University Employee explicitly or impliedly conditions the provision of an aid, benefit, or service of the University on a person’s participation in unwelcome sexual conduct. This can include grades, recommendations, extracurricular programs or activities, or employment opportunities.

Rape: (i) Sexual intercourse, or (ii) oral or anal sexual intercourse, or (iii) use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, either (A) forcibly and/or against that person’s will, or (B) against the person’s will in instances where the victim is incapable of giving consent because of youth or because of temporary or permanent mental or physical incapacity.

Reasonable Modifications: The University will make Reasonable Modifications for Students, based on each Student’s individualized needs and in consultation with the Student. Reasonable Modifications may include academic, physical space, and attendance adjustments, including voluntary leaves of absences. However, a modification that fundamentally alters the nature of the Student’s education program or activity is not considered reasonable. The University will require a Student to provide documentation that is necessary and reasonable to support the Student’s need for Reasonable Modifications.

Remedy: Individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant at the conclusion of the investigation.

Report: Information about conduct that could reasonably constitute Prohibited Behavior that is provided at BU, including to a Required Reporter, a member of the Resolution Team, the Title IX Coordinator, or EOO. It does not include such information that is provided to a Confidential Resource when they are acting within the context of their confidential duties.

Required Reporter: Employees, except those who are designated as Confidential Resources (see Appendix B) and are acting within the scope of their confidential duties, must report disclosures of incidents that may reasonably be considered Prohibited Behavior. A Required Reporter must promptly share with the EOO all known details of such a disclosure made to them in the course of their employment, including details they observe or have knowledge of, even if not reported to them by a Community Member. A Required Reporter includes a student-employee who, while operating within their role as an Employee, receives information that may reasonably constitute Prohibited Behavior.

Resolution: The result of an Alternative Resolution or Grievance Process.

Resolution Team: Collectively, and serving under the supervision of the University’s Executive Director of Equal Opportunity, the Resolution Team consists of the Equal Opportunity Office (“EOO”), the University Title IX Coordinator (“Title IX Coordinator” or “TIXC”), and Deputy Title IX Coordinators. The same person serves as both the Title IX Coordinator and Executive Director of EOO (“TIXC/ED”). The Resolution Team may also include other BU Employees or external consultants who facilitate the Alternative Resolution process, participate in the Administrative Resolution Process as investigators or hearing chairs, or decide appeals of Complaint dismissals or Supportive Measures.

Respondent: A BU/BU Academy Employee or Student, or a Third-Party who is alleged to have violated the Policy, provided the Complainant or the University can identify the individual.

Responsive Measures: Non-disciplinary, non-punitive individualized support services offered by BU in cases involving protected speech, without a fee and as appropriate and as reasonably available. If protected speech or conduct creates a hostile environment for a BU Community Member based on their protected status(es), BU will provide Responsive Measures designed to eliminate the hostile environment and its effects and prevent the hostile environment from recurring.

Retaliation: Adverse action taken against a person for the purpose of interfering with any right or privilege secured by the Policy and/or the Religious Accommodation Policy because the person has or is believed to have (1) exercised their rights under the Policy; (2) reported or opposed conduct which was reasonably and in good faith believed to be in violation of the Policy; (3) assisted or participated in an investigation/proceeding under the Policy, regardless of whether the complaint was substantiated; and/or (4) assisted someone in reporting or opposing a violation of the Policy.

Adverse action in the context of Retaliation consists of intimidation, threats, coercion, or discriminatory conduct that has a substantial and material adverse effect on the individual’s ability to participate in the living, learning, and working environment. An adverse action is typically something more than a mere annoyance or discomfort that is short in time. However, each case is viewed in the totality of the circumstances, and the University considers whether there is a legitimate non-discriminatory justification for the alleged retaliatory behavior.

Retaliation may occur whether or not there is a power or authority differential between the individuals involved.

Engaging in protected speech or conduct under the Policy is not Retaliation under the Policy. Likewise, charging a person with a violation of the Code of Student Responsibilities, Code of Ethical Conduct, Code of Professional Standards, or other similar University code of conduct for making a materially false statement in bad faith while the person participated in proceedings under the Title IX Sexual Misconduct Procedures will not constitute Retaliation. Note, however, that a determination of responsibility for engaging in Title IX Sexual Misconduct, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Sanction: A consequence or action imposed during the course of the grievance process on a Respondent only after they have been found to have engaged in Prohibited Behavior or otherwise violated the Policy.

Sanction Decision-Maker: An Administrator who determines, assigns, and monitors sanctions and is not the same person as the Title IX Coordinator or Investigator. This individual is generally a BU Dean, Dean of Students, or Vice President.

Sexual Assault: Actual or attempted sexual contact with another person without that person’s consent (including instances where the victim is incapable of giving consent) that includes, but is not limited to: Rape, Criminal Sexual Contact, Incest, and Statutory Rape.

Sexual Misconduct: An umbrella term describing two forms of Prohibited Behavior, Title IX Sexual Misconduct and Non-Title IX Sexual Misconduct.

Title IX Sexual Misconduct: As defined under the 2020 Title IX Regulations, 34 CFR 106.30, any of the following forms of Prohibited Behavior alleged to have occurred on or after August 1, 2026, against a person in the United States and within the context of a University Education Program or Activity: Quid Pro Quo Harassment; Title IX Sexual Harassment; Sexual Assault (Rape, Criminal Sexual Contact, Incest, Statutory Rape); Dating Violence; Domestic Violence; and Stalking. Title IX Sexual Misconduct requires the complaining party to be participating in, or attempting to participate, in an Education Program or Activity at the time of filing a Formal Complaint.

Non-Title IX Sexual Misconduct: Any of the following forms of Prohibited Behavior alleged to have occurred on or after August 1, 2026: Quid Pro Quo Harassment; Non-Title IX Sexual Harassment; Sexual Assault (Rape, Criminal Sexual Contact, Incest, Statutory Rape); Dating Violence; Domestic Violence; and Stalking. Non-Title IX Sexual Misconduct is less restrictive in that it covers conduct which occurs in a University Education Program or Activity, or outside of a University Education Program or Activity if the conduct creates a hostile living, learning, or working environment for a member of the BU community, such as conduct occurring off-campus or on social media platforms.

Shared Ancestry and Ethnic Characteristics Discrimination/Harassment: Discrimination or harassment of a BU Community Member based on their actual or perceived shared ancestry or ethnic characteristics, which may include ethnic or ancestral slurs, harassment based on how a person looks, dresses, or speaks in ways linked to ethnicity or ancestry (e.g., skin color, religious attire, language spoken); or stereotyping based on actual or perceived shared ancestral or ethnic characteristics.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.

Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent which is, in Massachusetts, 16 years of age.

Student: An applicant for admission to BU or BU Academy (BUA), an admitted BU/BUA Student, an enrolled BU/BUA Student, non-credit Student, a BU/BUA Student between academic terms, a BU/BUA graduate awaiting conferral of a degree, a BU/BUA Student currently serving a suspension or interim suspension, and a BU/BUA Student who withdraws from BU/BUA while a disciplinary matter (including investigation) is pending.

Supportive Measures: Non-disciplinary, non-punitive individualized support services offered to the Parties without a fee as appropriate and as reasonably available. Supportive Measures may be coordinated by EOO directly or, when appropriate, implemented through other University offices or Confidential Resources, without disclosure of underlying details beyond what is necessary to effectuate the measure.

Supportive Measures include:

• • Referring Parties to counseling, medical, and/or other healthcare services, including on and off-campus providers;
  • Educating Community Members or subgroup(s);
  • Adjusting a work schedule, assignment, or location for BU employment;
  • Changing an academic schedule, allowing a party to take an incomplete in one or more courses, allowing a party to attend class via online means, or allowing a party to switch class sections as appropriate;
  • Allowing a party to withdraw from or retake a class without penalty, or extending deadlines for examinations or other academic or work assignments;
  • Providing access to tutoring or other academic support;
  • Placing an Employee Party on paid administrative leave until the conclusion of the Administrative Resolution process;
  • Altering transportation arrangements;
  • Adjusting a living environment;
  • Approving a voluntary administrative leave (employees) or leave of absence (students);
  • Safety planning;
  • Implementing mutual or one-way contact limitations (no contact orders) between the parties; and
  • Any other actions deemed appropriate by EOO.

Third Party: A Community Member other than an Employee or a Student over whom the University exercises disciplinary authority and/or substantial control, if a Respondent, or who was participating or attempting to participate in a University Education Program or Activity at the time of the alleged Prohibited Behavior, if a Complainant.

Title IX Coordinator: The person(s) designated by BU to ensure compliance with Title IX and BU’s Title IX program, and Non-Title IX Sexual Misconduct matters arising under the Policy. References to the University Title IX Coordinator (or “TIXC”) throughout the Policy may also encompass a designee of the coordinator for specific tasks. The TIXC is responsible for ultimate oversight of coordination and consistency of Title IX compliance, training, education, and prevention efforts; monitoring for barriers to reporting Prohibited Behavior, including collaborating with campus partners on climate assessments; managing the oversight of procedures that are designed to end sexual misconduct, prevent its recurrence, and address its effect on persons and BU Community Members as a whole, promptly and equitably; and managing a team of Deputy Title IX Coordinators across BU.

Title IX Team Member: A University employee designated by the Title IX Coordinator to assist with Title IX–related intake, reporting, supportive measures, training, investigations, hearings, or compliance functions under the Policy and Procedures. A Title IX Team Member may include the Title IX Coordinator, Deputy Title IX Coordinators, or other trained designees.

University Education Program or Activity: Locations, events, or circumstances within the United States where BU exercises substantial control over both the Respondent and the context in which the Prohibited Behavior occurs. A University Education Program or Activity includes any academic extracurricular, research, occupational training, or other education program or activity operated by BU, and buildings controlled or owned by a student organization officially recognized by BU.

Witness: A non-party who may have information relevant to an investigation, as determined by the investigator.

 

 

_________________________________________________________________________________________________________

[1] Please note that BU’s program and activity also includes certain programs that serve underage children. Only in those situations will BU consider the legal rights of individuals to act on behalf of others (e.g., parents or guardians). In all other situations, BU expects the impacted individual will file such complaints independently. Moreover, BU’s communications will be guided by the requirements of the Family Education Rights and Privacy Act (“FERPA”).

[2] Students who believe they’ve been discriminated against based on their known or reasonably known disability should refer to the Student Grievance Procedure in Cases of Alleged Disability Discrimination, which is managed by Disability and Access Services.

---