JAX Title IX Compliance Policy

Policy

Statement of Purpose

The Jackson Laboratory (JAX) is committed to establishing and maintaining an educational environment for students where healthy, respectful and consensual conduct represents the JAX cultural norm. To that end, Sexual and Gender-based Harassment, Relationship and Interpersonal Violence, Sexual Assault, Sexual Exploitation and Stalking and other forms of sexual misconduct defined below (collectively “Sexual Misconduct”) are not tolerated, and students are provided support and avenues for redress for complaints carried out by employees, other students or third parties. When Sexual Misconduct is brought to its attention, The Jackson Laboratory will take prompt and appropriate action to end the misconduct, prevent its recurrence, and address its effects. Based upon the seriousness of the offense, appropriate disciplinary action will be taken and may include verbal or written reprimand, suspension or dismissal from participation in educational programs (including removal from living arrangements at Jackson) or termination of employment.

Scope and Jurisdiction of Policy

This policy is designed to provide for the prompt, effective, fair and impartial investigation and resolution of complaints of Sexual Misconduct involving students when the complaints arise out of activity occurring on Jackson Laboratory premises and/or in the context of a JAX education program or activity, including but not limited to JAX internships, summer sessions or other affiliated programs or premises. This policy applies to students of The Jackson Laboratory at any time they are enrolled in a JAX educational program, even if they are not on Laboratory property when the violation occurs.

The focus of this policy is on Sexual Misconduct involving students that occurs within The Jackson Laboratory’s education programs and activities. The Jackson Laboratory has jurisdiction to take disciplinary action against a Respondent who is a current student or employee or who has applied for or has an expectation of re-enrollment or re-employment. If the Respondent is an employee, former employee or applicant, the Title IX Coordinator will coordinate with Human Resources, and Human Resources, in conjunction with the Respondent’s management team, will determine appropriate disciplinary action. Even if The Jackson Laboratory does not have jurisdiction over the Respondent, the Laboratory will take prompt action to provide for the safety and well-being of the Complainant and the broader community using available resources. If the Respondent is a student, Section 6 of this policy will apply.

Sexual Misconduct against employees is addressed in the Laboratory’s non-discrimination and anti-harassment policies at Anti-Violence/Anti-Harassment Policy. Harassment and violence of any kind (including sexual or gender-based) and involving any program or activity is a violation of the Laboratory’s generally applicable non-discrimination and anti-harassment policies. Inquiries or complaints concerning other forms of discrimination in the educational and employment context may be referred to Human Resources.

The Title IX Coordinator – Duties and Contact Information

The Jackson Laboratory has designated the Title IX Coordinator as the individual charged with coordinating efforts to comply with Title IX. The Title IX Coordinator addresses and oversees the investigation and resolution of all complaints involving students related to Sexual Misconduct. In particular, the Title IX Coordinator:

• Shall monitor compliance with Title IX.
• Shall provide education and training to Students and Responsible Persons on Sexual Misconduct and their rights and obligations under Title IX.
• Shall be informed of all reports and complaints raising Title IX issues, even if the report or complaint was initially filed with another individual or office, with the exception of any mental health counselors or other persons whose professional licenses require confidentiality, unless the student consents to disclosure.
• Shall track and report annually on all incidents in violation of this policy as applicable to Title IX.
• Shall coordinate the investigation, response, and resolution of all complaints and reports submitted pursuant to Title IX.

The Title IX Coordinator is available to meet with any person to provide information about resources, interim measures, and options for investigation and resolution under this policy. The contact information for the Title IX Coordinator for The Jackson Laboratory is:

Title IX Coordinator:

Meredith Theeman, Director of Postdoctoral and Predoctoral Education

Office location:

Bar Harbor, ME

Phone:

207-288-1559

Email:

titleIXedu@jax.org

Inquiries or complaints concerning the application of Title IX may be referred to the Title IX Coordinator and/or to the U.S. Department of Education’s Office for Civil Rights:

Office for Civil Rights (ME, CT)
U.S. Department of Education
Boston Office
5 Post Office Square, 8th Floor
Boston, MA 02109-3921
Phone: 617-289-0111
Fax: 617-289-0150
Email: ocr.boston@ed.gov

Office for Civil Rights (CA)
U.S. Department of Education
San Francisco Office
50 United Nations Plaza
Mail Box 1200, Room 1545
Phone: 415-486-5555
Fax: 415-486-5570
Email: ocr.sanfrancisco@ed.gov

Definitions and Acronyms

Parties:

Complainant:

Refers to an individual who identifies as being a recipient, victim or survivor of Sexual Misconduct.

Respondent:

Refers to an individual who has been accused of conduct prohibited under this policy.

Third party:

Refers to any other participant in the process, including a witness to the incident or an individual who makes a report on behalf of someone else.

Sexual Misconduct:

Sexual Misconduct is an umbrella term that includes all forms of behavior prohibited under this policy, including Sexual or Gender-Based Harassment, Relationship and Interpersonal Violence, Retaliation, Sexual Assault, Sexual Exploitation and Stalking. Sexual Misconduct defined under this policy is prohibited regardless of the sexual orientation, gender, gender identity or gender expression of the complainant or respondent.

Sexual or Gender-Based Harassment:

Sexual Harassment is any unwelcome sexual advance, request for sexual favors or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, electronic or otherwise, when one or more of the following conditions are present:

1. Submission to or rejection of such conduct is either an explicit or implicit term or condition of, or is used as the basis for decisions affecting, an individual’s employment or advancement in employment, evaluation of work or advancement in a Jackson educational program, or basis for participation in any aspect of a Jackson program or activity (quid pro quo); and/or
2. Such conduct has the purpose or effect of unreasonably interfering with an individual’s learning, working or living environment; or of creating an intimidating, hostile or offensive learning, working or living environment under both an objective and subjective standard (hostile environment); or of interfering with or limiting the ability to participate in or benefit from an educational program or activity.

Gender-Based Harassment:

Includes harassment based on sex or gender, sexual orientation, gender identity or gender expression, which may include acts of intimidation or hostility, whether verbal or non-verbal, graphic, physical or otherwise, even if the acts do not involve conduct of a sexual nature.

In evaluating whether a hostile environment exists, Jackson will consider the totality of known circumstances, including, but not limited to:

• The frequency, nature and severity of the conduct;
• Whether the conduct was physically threatening;
• The effect of the conduct on the complainant’s mental or emotional state;
• Whether the conduct was directed at more than one person;
• Whether the conduct arose in the context of other discriminatory conduct;
• Whether the conduct unreasonably interfered with the complainant’s educational or work performance and/or Jackson programs or activities; and
• Whether the conduct implicates concerns related to academic freedom or protected speech.

Relationship and Interpersonal Violence:

Includes any act of violence or threatened act of violence against a person who is or has been involved in a sexual, dating, domestic or other intimate relationship with that person, or against a person with whom the respondent has sought to have such a relationship. Relationship and Interpersonal Violence may include, but is not limited to, Sexual Assault, Sexual Exploitation, Stalking and Physical Assault. Physical Assault is threatening or causing physical harm or engaging in other conduct that threatens or endangers the health or safety of any person. Relationship and Interpersonal Violence under this definition includes, but is not limited to, physical, sexual, emotional, economic and/or psychological actions or threats of action, including threatening to reveal personal or confidential information (including, but not limited, to information regarding one’s gender identity and/or sexual orientation), that are intimidating, frightening, terrorizing or threatening. Relationship and Interpersonal Violence under this definition includes threats of violence or harm to one’s self, one’s family member(s) or friends.

Retaliation:

Means any adverse action or threat taken or made against an individual, including through third parties and/or legal counsel, for making a report of Sexual Misconduct or participating in any investigation or proceeding related to this policy. Retaliation includes threatening, intimidating, harassing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy, such as seeking services, receiving protective measures and accommodations, and/or reporting Sexual Misconduct. Retaliation includes maliciously and purposefully interfering with, threatening or damaging the academic and/or professional career of another individual before, during or after the investigation and resolution of a report of Sexual Misconduct under this policy in response to and/or on account of the report of the Sexual Misconduct. This provision applies to reports made or information provided in good faith, even if the report is determined not to be substantiated.

Sexual Assault:

Is having or attempting to have sexual contact with another individual without consent (see below for definition of consent). Sexual contact includes but is not limited to:

1. Sexual intercourse, including penetration with a body part or an object, or requiring another to penetrate himself or herself with a body part or an object, however slight; or
2. Sexual touching, including, but not limited to, intentional contact with the breasts, buttocks, groin, genitals or other intimate part of an individual’s body, or the clothing covering the same.

Sexual Exploitation:

Is purposefully taking sexual advantage of another person without consent. It may involve use of one’s own or another individual’s nudity or sexuality. Examples of Sexual Exploitation include, but are not limited to:

• Voyeurism (such as watching or taking pictures, videos or audio recordings of another person in a state of undress or of another person engaging in a sexual act without the consent of all parties);
• Disseminating, streaming, or posting pictures or video of another in a state of undress or of a sexual nature without the person’s consent; or
• Exposing one’s genitals to another person without consent.

Stalking:

Occurs when a person engages in a course of conduct toward another person under circumstances that would cause a person to fear bodily injury or experience substantial emotional distress. Course of conduct means two or more instances including but not limited to unwelcome acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish. Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used.

Other Terms:

Coercion or Force:

Is verbal and/or physical conduct, including manipulation, intimidation, unwanted contact and express or implied threats of physical, emotional or other harm, that would reasonably place an individual in fear of immediate or future harm and that is employed to compel someone to engage in sexual contact. Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual contact.

Consent:

Is an affirmative and willing agreement to engage in specific forms of sexual contact with another person. Consent requires an outward demonstration, through mutually understandable words or actions, indicating that an individual has freely chosen to engage in sexual contact. Consent cannot be obtained through: (1) the use of coercion or force or (2) by taking advantage of the Incapacitation of another individual. Silence, passivity, or the absence of resistance does not imply consent. It is important not to make assumptions; if confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and clarifies the other’s willingness to continue. Consent can be withdrawn at any time. When consent is withdrawn, sexual activity must cease. Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual contact. An essential element of consent is that it be freely given. Freely given consent might not be present, or may not even be possible, in relationships of a sexual or intimate nature between individuals where one individual has power, supervision or authority over another. More information, policy and guidance regarding such relationships can be found below. In evaluating whether consent was given, consideration will be given to the totality of the facts and circumstances, including but not limited to the extent to which a complainant affirmatively uses words or actions indicating a willingness to engage in sexual contact, free from intimidation, fear, or coercion; whether a reasonable person in the respondent’s position would have understood such person’s words and acts as an expression of consent; and whether there are any circumstances, known or reasonably apparent to the respondent, demonstrating Incapacitation or fear.

Incapacitation:

An individual who is incapacitated lacks the ability to make informed judgments and cannot consent to sexual contact. Incapacitation is the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Mentally helpless means a person is rendered temporarily incapable of appraising or controlling one’s own conduct. Physically helpless means a person is physically unable to verbally or otherwise communicate consent or unwillingness to an act. Where alcohol or other drugs are involved, incapacitation is a state beyond impairment or intoxication. Where alcohol or other drugs are involved, evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s: decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

Preponderance of the Evidence:

The “preponderance of the evidence” standard of proof will be utilized in all investigations of Sexual Misconduct. This standard of proof means that a Respondent will be found to have violated this policy if the Investigator concludes that it is more likely than not that the Respondent engaged in behavior that constitutes Sexual Misconduct.

Responsible Employees

Any JAX employee responsible for student welfare or who a student could reasonably believe is responsible for student welfare, including but not limited to any faculty, research staff, senior management, and supervisors or management employees who interact with students as part of any educational program, are required to share a report of sexual misconduct to the Title IX Coordinator as soon as possible after receiving it. This definition of “responsible employees” includes all JAX faculty in addition to the following individuals: Director, Education & External Programs; Director, Postdoc & Predoc Education; Program Director, STEM & Undergraduate Education; Director, Courses & Conferences; Vice President, Education; Vice President, Research; Scientific Director, JGM; Scientific Director, JMG; Faculty Director, Post-Doctoral Program; Faculty Director; Pre-Doctoral Program; Director, Employee Relations; and Chief Human Resources Officer, and the EVP & Chief Operating Officer.

Responsible Employees are required to report to the Title IX Coordinator any incident of possible sexual violence about which they become aware, even if the student(s) reporting the sexual violence requests confidentiality. Before a Complainant reveals information regarding a potential report of sexual violence, a Responsible Employee should make every effort to ensure that the Complainant understands the responsible employee’s obligation to report to the Title IX Coordinator (1) the name of the Respondent involved in the alleged violation, as well as relevant facts regarding the alleged incident; (2) the Complainant’s option to request through the Title IX Coordinator that the Laboratory maintain confidentiality; and (3) the fact that the institution may be compelled to act despite the Complainant’s request for confidentiality.

Coordination with Concurrent Legal Proceedings

This policy and its procedures supplement, and do not replace, the criminal and civil justice systems. All persons have the right to pursue Sexual Misconduct complaints outside of the process provided by The Jackson Laboratory and are encouraged to use law enforcement agencies, including the local police departments, regardless of whether they choose to pursue recourse through this policy. Where a Complainant or a third party with knowledge of possible Sexual Misconduct has reported a concern to law enforcement, The Jackson Laboratory will fulfill its responsibility to take prompt and appropriate action to provide protection, interim measures and other resources to the Complainant. The Jackson Laboratory will comply with valid requests by law enforcement for cooperation in a criminal investigation and may need to delay temporarily an investigation under this policy while law enforcement is in the process of gathering evidence. Once law enforcement has completed its gathering of evidence, the Laboratory will resume its investigation. Ordinarily, the Laboratory will not wait for the conclusion of the criminal case to proceed with the disciplinary process. If the Laboratory finds that Sexual Misconduct occurred, it will take effective steps to end it, prevent its recurrence and address its effects, regardless of whether external legal proceedings are pending.

In certain circumstances, the Laboratory may be obligated to report incidents of Sexual Misconduct to DHHS and/or the District Attorney under the state mandatory reporting law. In accordance with Maine law, the Laboratory will report to DHHS and the District Attorney if it knows or has reasonable cause to suspect that a student under the age of 18 has been abused or is likely to be abused. For more information regarding the Laboratory’s mandatory reporting policy and procedures, see Prevention, Detection and Reporting of Summer Student Program Participant Abuse and Neglect.

Procedure for Resolution of Complaints of Sexual Misconduct

Upon receipt of a report of Sexual Misconduct, The Jackson Laboratory will generally proceed as described below. Deviations from this procedure may be taken where necessary or appropriate.

1. 6.1

   Initial Response by Title IX Coordinator

   The Title IX Coordinator will conduct an initial intake of any complaint of Sexual Misconduct and may conduct a preliminary investigation of the matter or assist the Complainant in resolving the matter informally as more fully described below.

   1. 6.1.2

      Report to Title IX Coordinator:

      A complaint may be brought to the Title IX Coordinator by any member of the JAX community. It is the responsibility of every member of the JAX community to foster an educational environment free from Sexual Misconduct. All members of the community, employees, students and visitors, are encouraged to take reasonable and prudent actions to prevent or stop an act of Sexual Misconduct. This may include direct intervention when safe to do so, enlisting the assistance of others, contacting law enforcement or seeking assistance from a person in authority at Jackson. Jackson community members who choose to exercise this positive responsibility will be supported by The Jackson Laboratory and protected from retaliation. If a complaint is brought to the attention of another member of the faculty or administration, it should be referred to the Title IX Coordinator for initial response.

   2. 6.1.3

      Intake Meeting with Complainant:

      Upon receipt of notice of a report of Sexual Misconduct, the Title IX Coordinator will schedule an intake meeting with the Complainant. The purpose of the Intake Meeting is to gain a general understanding of the nature of the concern, counsel the Complainant as to his/her options, including possible interim protective measures, identify forms of support available, explain Jackson’s policy and describe the informal and formal complaint procedures available.

   3. 6.1.4

      Confidentiality:

      The Jackson Laboratory (or a trained, outside investigator engaged by Jackson) shall promptly and discreetly investigate all complaints referred to the Title IX Coordinator. The Laboratory will make all reasonable efforts to protect the privacy of the parties consistent with its obligations to investigate, take appropriate action and comply with any discovery or disclosure obligations required by law.

      If a student, or parents of a minor student, requests that the student’s name not be disclosed to an alleged perpetrator or that no investigation or disciplinary action be pursued to address the alleged sexual violence, The Jackson Laboratory will endeavor to honor that request. However, any request for confidentiality must be balanced against the Laboratory’s obligation to provide a safe and non-discriminatory environment for the entire Jackson community. The Jackson Laboratory may also be severely limited in its ability to take action against a Respondent if strict confidentiality is maintained. If The Jackson Laboratory cannot honor the Complainant’s request for confidentiality, the Title IX Coordinator will inform the Complainant of that decision before any investigation is initiated.

      In the case where a student is a minor, mandatory reporting laws may require disclosure to law enforcement of suspected sexual abuse, but such reporting can generally be accomplished without disclosing information to employees who are not responsible for handling the Laboratory’s response to incidents of sexual violence.

   4. 6.1.5

      Interim Protective Measures:

      In all complaints of alleged Sexual Misconduct, regardless of whether the Complainant wishes to pursue resolution of any kind, the Title IX Coordinator will undertake an initial assessment of the report (in conjunction with legal and Human Resources as appropriate) and take such prompt and effective action as is reasonably practicable under the circumstances to support and protect the Complainant and protect the community, including taking appropriate interim protective measures before the final outcome of the investigation and hearing, if any. Before or immediately after the Intake Meeting, the Title IX Coordinator will determine whether interim interventions and protective measure should be implemented, and, if so, take steps to implement those protective measures as soon as possible. Examples of interim protective measures include: an order of no contact, residence hall relocation, adjustment of course schedules, a leave of absence or reassignment to a different faculty advisor. These remedies may be applied to one, both or multiple parties involved. Violations of the Title IX Coordinator’s directives and/or protective measures will constitute related violations that may lead to additional disciplinary action. Protective measures imposed may be temporary pending the results of an investigation or may become permanent.

2. 6.2

   Informal Resolution of Complaints

   Following the Intake Meeting, the Title IX Coordinator, in consultation with the Complainant, will determine whether an Informal Resolution of the complaint is appropriate. Some situations are minor and may be corrected by informal procedures, such as coaching the Complainant on possible tactics he or she may take to stop the offending behavior, providing a group of students and/or employees with non-disciplinary counseling or education about sexual harassment without indicating a complaint has been raised, or having the Title IX Coordinator mediate a discussion between the Complainant and the Respondent. Informal resolution may be appropriate in situations where the allegations of discrimination or harassment would not ordinarily merit serious discipline of the Respondent (e.g., probation, suspension or expulsion of a student; or probation, suspension, demotion or termination of an employee.) An informal resolution will not be utilized where there are allegations of Sexual Assault, Relationship or Interpersonal Violence, Sexual Exploitation or Stalking. The Complainant has the right to terminate Informal Resolution and request a Formal Resolution at any time. Even where the Complainant chooses not to file a formal complaint, the Title IX Coordinator will consider whether other remedial action should be pursued.

3. 6.3

   Formal Resolution of Complaints

   Formal procedures are aimed at determining responsibility for a violation of the institution’s policy against Sexual Misconduct and, where violations have been found, determining what appropriate remedial action should be taken. The investigation is designed to provide a fair and reliable gathering of the facts. The sanctioning procedure is designed to provide a method for ensuring that the sanctions are commensurate with the seriousness of the violation found and calculated to ensure that the inappropriate conduct is not repeated. The appeal process is designed to ensure that the investigation has been carried out in a manner consistent with institutional procedures and that the sanction imposed is not grossly disproportionate to the violation found. All individuals participating in the formal resolution process, including the Complainant, the Respondent and any third-party witnesses, will be treated with appropriate sensitivity and respect. Consistent with the need for a full assessment of the facts, the formal resolution process will be conducted so as to safeguard the privacy of the individuals involved.

   1. 6.3.1

      Designation of Investigator:

      The Title IX Coordinator, in consultation with the Chief Human Resources Officer or his or her designee, and the Office of the General Counsel will designate a trained investigator to conduct a thorough, impartial and fair investigation. The investigator may be an employee or an external investigator engaged to assist the institution in its fact gathering and determination of a finding. The investigator may designate a second impartial individual to be a note-taker and advisor to the investigator.

   2. 6.3.2

      Formal Investigation Process

      1. Step One

         Filing of Complaint

         . If not done already as part of an attempt to resolve the matter informally, the Complainant will file a written complaint with the Title IX Coordinator describing precisely and clearly the facts. The Complainant may submit this written and signed complaint, or the Title IX Coordinator, after an interview with the Complainant, may draft the complaint. If written by the Title IX Coordinator, the Complainant must sign the complaint indicating that the statement is a fair, accurate and complete representation of the complaint that was presented to the Title IX Coordinator.
      2. Step Two

         Witness Interviews and Review of Tangible Evidence

         . Ordinarily, an investigation will include interviews of both the Complainant and the Respondent, a review of written statements obtained from each party, if any, interviews with witnesses as appropriate and review of relevant documentary evidence. 
      3. Step Three

         Investigation Report

         . Once the investigation is complete, the Investigator will draft a report summarizing the scope of the investigation, making detailed findings of fact as to what transpired and articulating his or her reasoned conclusions as to whether there are reasonable grounds to believe that the Respondent has committed a violation of the Title IX Policy. The factual findings and conclusions will be based upon the “preponderance of the evidence” standard of proof. Both the Complainant and the Respondent will be notified of the outcome of the Investigation, have an opportunity to review the investigation report and have five business days to file written objections to the report with the Investigator. If no objections are filed within the time limit, the Investigator shall transmit the final Investigation Report to the Title IX Coordinator. When timely objections are filed, the Investigator will consider the objections and may amend the report before submitting the final report to the Title IX Coordinator.
      4. Step Four

         Referral of Substantiated Complaint to Appropriate Administrator for Disposition

         . In cases where the Investigator finds that a preponderance of the evidence supports that a violation of policy has occurred, the Investigation Report and complete file will be referred to the appropriate Administrator for disposition under the procedures applicable to the Respondent. Where the Respondent is a student, postdoc or faculty, the matter will be referred to the Vice President for Education for determination of the appropriate sanction. Where the Respondent is a non-faculty or non-postdoc employee, the matter will be referred to Chief Human Resources Officer or his or her designee for determination of the appropriate sanction in consultation with the Title IX Coordinator.
      5. Step Five

         Appeal of Investigator’s Findings and/or Administrator’s Sanctions

         . All appeals of the Investigator’s findings or Administrator’s sanctions will be conducted by the President, whose decision shall be final. In all cases covered by this policy, the Complainant will be entitled to the same appeal rights and procedural rights accorded to the Respondent. Appeals must be filed within seven (7) days of the receipt of the responsible Administrator’s decision and state the reason(s) for the appeal. The Complainant and/or Respondent may file an appeal of the findings of the Investigator and/or the sanction(s) imposed by the Administrator on only the following limited grounds:
         1. the Investigator made a material procedural error that may have had a prejudicial effect upon the outcome of the proceedings;
         2. new evidence that was discovered after the investigation was completed and which was not previously available that may have had an effect upon the outcome of the proceedings; OR
         3. the sanction imposed on the Respondent was substantially disproportionate to the findings.

Timeframes for Procedures

The College will endeavor to conduct an investigation of a complaint in as timely a fashion as possible. Both parties will be given periodic status updates throughout the process as appropriate. The time frame for procedures will vary based upon the complexity of the investigation, the severity and extent of the alleged Sexual Misconduct, delays caused by a criminal investigation by law enforcement and the availability of witnesses, particularly where the time frame overlaps with a vacation or the end of an academic program.

Advisors

The Title IX Complainant and the Respondent are entitled to the same opportunities to have others present during any investigative interview or disciplinary meeting or proceeding, including the opportunity to be accompanied by an advisor of their choice, who may be an attorney. Advisors may not actively participate in the case by answering questions, questioning witnesses or otherwise presenting on behalf of the parties. They may advise the parties privately but may not confer with them while the meeting is in progress, and will be subject to the same confidentiality expectations applicable to others in attendance. At the request of any party or the investigator, the Title IX Coordinator may remove, temporarily or permanently, any advisor who distracts or disrupts the process or fails to comply with confidentiality expectations.

Prior Sexual Contact

In investigating sexual allegations under Title IX, the investigator and decision-makers will not question the Complainant or other witnesses about the Complainant’s prior sexual conduct with anyone other than the Respondent. Information regarding any prior sexual conduct or dating relationship between the Complainant and the Respondent by itself shall not imply consent or preclude a finding of a violation. No direct questioning of the Complainant by the Respondent, or vice versa, will be permitted.

Respondent’s Use of Alcohol or Drugs

The Respondent’s use of alcohol and other drugs in connection with a violation of this policy does not mitigate accountability for the behavior or diminish the seriousness of the incident. The Respondent’s intentional use of a substance to affect an individual in order to facilitate a violation of this policy will be considered when determining responsibility and appropriate sanctions.

Amnesty for Alcohol or Other Drug Use

To remove barriers to reporting, an individual who reports Sexual Misconduct, either as a Complainant or a third party, will not be subject to disciplinary action by The Jackson Laboratory for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk.

Retaliation

To ensure a learning environment free from Sexual Misconduct, fear or intimidation at The Jackson Laboratory, retaliation will not be tolerated and quick responsive action will be taken in the event such situations arise. The Jackson Laboratory has zero tolerance for retaliation of any sort against anyone who files a complaint alleging a violation of Title IX, who participates in a Title IX investigation, hearing or proceeding, or who advocates for others’ Title IX rights. Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe disciplinary action up to and including termination of employment or removal from educational programs.

False Reports

The Jackson Laboratory takes the accuracy of information very seriously, as a charge of Sexual Misconduct may have severe consequences, both to individuals’ future educational or employment prospects, and to their reputations. Knowingly making a false report or complaint under this policy, or knowingly providing false or intentionally misleading information during an investigation, may result in disciplinary action up to and including dismissal from the educational institution or termination of employment. A good faith complaint is not considered to be falsely reported because the evidence was misinterpreted or not sufficient to support a formal charge or to constitute a violation of this policy.

When a Complainant or third party witness is found to have fabricated allegations or given false information with malicious intent or in bad faith, that individual may be subject to disciplinary action, up to and including separation from the institution. Similarly, a Respondent or witness who is later proven to have intentionally given false information during the course of an investigation or judicial action may be subject to disciplinary action, up to and including separation from the institution.

References

• 10-06.008
• POL.ORG.019