Sexual Assault
The most egregious form of sexual harassment is sexual assault. For the purposes of sexual assault violations, the following applies:
Consent is an understandable exchange of affirmative words or actions that indicate a willingness to participate in mutually agreed upon sexually explicit touching or sexual penetration. Consent must be informed and freely and actively given. It is incumbent upon each individual involved in the activity to either obtain or give consent prior to any sexual activity, and again, prior to sexual penetration. If at any time during the sexual interaction any confusion or ambiguity should arise on the issue of consent, it is incumbent upon each individual involved in the activity to stop and clarify, verbally, the other’s willingness to continue.
- A verbal “no,” even if it may sound indecisive or insincere, constitutes lack of consent.
- When consent is requested verbally, absence of any explicit verbal response constitutes lack of consent.
- It is expected that, after consent has been established, a person who changes his/her mind during the sexual activity will communicate through words or actions his/her decision to no longer proceed.
- Past consent to sexual activity does not imply future on-going consent, and the fact that two persons are in an on-going relationship does not preclude the possibility that sexual misconduct or sexual assault might occur within that relationship.
- A student’s use of alcohol and/or other drugs does not diminish a student’s responsibility to obtain consent.
Sexually explicit touching is the unwanted touching of another person in a sexual manner. Examples of sexually explicit touching include, but are not limited to, the touching, either directly or through clothing, of another person’s genitalia, breasts, inner thigh, or buttocks of any person with a clothed or unclothed body part or object.
Sexual assault is engaging, or attempting to engage in, any one or more of the following sexual acts with or directed against another person:
- Sexual penetration without the consent of the other person;
- Sexually explicit touching through the use of coercion or where the person is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity;
- Sexual penetration through the use of coercion or where the person is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.
Coercion is the use of force, or the threat of force; the use of a threat of immediate or future harm; or the use of physical or severe and/or pervasive emotional intimidation to cause or attempt to cause another person to engage in or submit to certain activities. Coercion also includes the administration of a drug, intoxicant or similar substance that impairs the faculties of a person.
Incapacity is defined as a person incapable of giving consent because he/she is asleep, unconscious, losing or regaining consciousness or clearly mentally or physically incapacitated. Signs of being incapacitated include, but are not limited to, difficulty walking, inability to speak in a coherent manner, and vomiting or the presence of vomit.
Sexual penetration is defined as any degree of insertion of a penis, hand, finger, tongue or any object into a person’s anus or vulva, or any degree of insertion of genitalia into the mouth.
Communication
Clear communication is required by the IHP’s sexual assault definitions, which require each participant to obtain and give consent before engaging in any sexual activity. Relying solely upon nonverbal communication is not sufficient. Communication is a foundational process that affects all of our relationships and interactions.
Basic elements of communication take on even greater significance when they pertain to intimate and possible sexual relationships. Healthy communication demonstrates a respect for the dignity of both individuals, allows mutual self-expression, and requires careful listening. Individuals must take responsibility to communicate effectively by articulating their thoughts and feelings and asking for clarification when they are uncertain or where they do not understand.
The effectiveness of communication increases when individuals are aware of their own personal motivations and when they are sensitive to the meaning intended by another. Open, honest and direct communication requires courage and commitment to the process of communication and to each other.
Clarity in communication, both verbal and non-verbal, is essential during a sexual encounter. Physical expression between two individuals marks the integration of thoughts, feelings and actions in a way that values, esteems and respects the dignity of oneself and another. This expression should reflect the depth of intimacy shared in the context of a relationship. Any sign of reservation or hesitation should be clarified verbally before proceeding.
Alcohol and Other Drugs
Students are urged to exercise caution if they choose to use alcohol or drugs. The consumption of alcohol and/or the use of drugs often lower inhibitions, may cause some people to become more aggressive and always impair judgment. Sexual activity with someone who has consumed alcohol or drugs creates the potential for later dispute over questions of consent. Sexual activity with a person who is thus impaired may be considered a violation of the law and the Guidelines for Conduct. Conversely, being under the influence of alcohol is not an excuse for committing sexual assault.
It is a violation of IHP policy and Commonwealth law to have any sexual activity with someone who is unable to give consent because of alcohol or drugs or other impairment. If your partner is very drunk, you may be guilty of sexual misconduct even if your partner said yes.
Procedures and Resources
When a student is sexually assaulted, he or she has reporting options. If a student has just experienced an assault and needs immediate assistance, he or she should get to a safe place. A student can then:
- Call the Boston Police Department at 911 or MGH Police and Security at (617) 726-5400. Either will help whether or not a student chooses to prosecute the assailant. Reporting a sexual assault to the police does not commit someone to further legal action. In an off-campus emergency, the student is encouraged to call 911 or the police department in the city or town where he or she is located.
- The student is also encouraged to call a friend, family member or someone he or she trusts and can contact.
- Get medical attention immediately. Boston’s Massachusetts General Hospital, Beth Israel Deaconess Medical Center, Brigham and Women’s Hospital, and Boston Medical Center are experienced and prepared to help sexual assault victims. A prompt medical examination will test for pregnancy (where applicable) and STDs and can secure valuable evidence that can be used later, should the student wish to have the assailant prosecuted.
- Seek confidential counseling. Regardless of whether a student reports the assault, it is often helpful to seek counseling to cope with the traumatic experience. The counseling services provided by the IHP’s EAP, Fenway Health, or Boston Area Rape Crisis Center (BARCC) are available regardless of where or when the assault may have occurred. Students are reminded that they can contact EAP and Fenway Health counselors if they wish to confidentially discuss any concerns they have. One exception from confidentiality is if the student poses imminent risk of harm to self or others.
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File a complaint. When a complaint is received, the allegation will be promptly investigated in a fair and expeditious manner. Please refer to the Title IX (Sexual Harassment/Assault) Reporting Procedures for detailed information on resolution of student complaints.
Community Resources
Boston community resources include:
Boston Area Rape Crisis Center (BARCC)
1-800-841-8371 (24-hr. hotline)
617-492-6434 (TTY Number)
Behavioral Health
Fenway Health
617-927-6202
Fenway Health
Violence Recovery Program
617-927-6250 or 1-800-834-3242
Jane Doe, Inc.
(Massachusetts Coalition Against Sexual Assault and Domestic Violence)
JaneDoe.org
MA Safelink (1-877-785-2020)
1-877-521-2601 (TTY Number)
National Domestic Violence Hotline
1-800-799-SAFE (1-800-799-7233)
Students may also file a formal complaint with the following Commonwealth and Federal agencies:
United States Equal Employment Opportunity Commission (EEOC), John F. Kennedy Federal Building, 475 Government Center, Boston, MA 02203; (1-800- 669-4000; http://www.eeoc.gov)
Massachusetts Commission Against Discrimination (MCAD), One Ashburton Place, Sixth Floor, Room 601, Boston, MA 02108; 617-994-6000; http://www.mass.gov/mcad
Office for Civil Rights (OCR), United States Department of Education, 33 Arch Street, Suite 900, Boston, MA 02110-1491; 617-289-0111; email: ocr.Boston@ed.gov; web: http://www.ed.gov/ocr