Due to ongoing concerns posed by Coronavirus (COVID-19), the Title IX Office has moved its operations offsite until further notice. We will continue to provide services to the Clark community using telephonic and Zoom technology.
To speak with the Title IX Office, please contact Cherie Scricca, Title IX Coordinator, at firstname.lastname@example.org or 1-508-793-7194.
Emails or voicemails left for the Title IX team will be returned at our earliest convenience.
For emergencies, please contact University Police at 1-508-793-7575.
Clark has specific policies for sexual offense as they apply to Clark community members. Clark’s policies, standards, and regulations are written below. Understanding the community standards will help you navigate your time here at Clark and provide guidance.
To review the current details of this policy, click on the appropriate file that represents your role here at Clark:
View Student Processes
Please note: The party making an allegation of a sexual offense is considered a complainant and the party being accused is called a respondent. Allegations of a violation of a Clark University Sexual Offense Policy will be governed by whether the respondent is faculty, staff, or a student.
Effective, clear consent is defined as a freely and affirmatively communicated willingness to participate in sexual activity, expressed either by words or clear, unambiguous actions.
- It is the responsibility of the initiator of the sexual activity to ensure that they have the other person’s consent to engage in sexual activity.
- Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.
- Consent cannot be assumed because of the existence of a dating relationship between the persons involved or due to the existence of a previous sexual relationship between the persons.
- Silence, in and of itself, cannot be interpreted as consent. Consent must be present throughout the sexual activity by all parties involved.
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
- The respondent or complainant’s use of alcohol or other drugs does not diminish the respondent’s responsibility.
Consent may never be given by minors (in Massachusetts, those not yet sixteen  years of age), those who have a mental disability, those who are incapacitated as a result of alcohol or other drug consumption (voluntary and involuntary), or those who are unconscious, unaware, or otherwise physically helpless.
Evidence of incapacity may be detected from context clues, such as slurred speech; bloodshot eyes; the smell of alcohol on the breath; shaky equilibrium; vomiting; outrageous or unusual behavior; and/or unconsciousness.
This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or the taking of a so-called “date-rape” drug. Possession, use, and/or distribution of any of these substances is prohibited, and administering one of these drugs to another person for the purpose of inducing incapacity is a violation of this policy.
Intimate Partner Violence
Also known as dating or domestic violence, intimate partner violence is defined as a pattern of coercive behaviors that serve to exercise control and power in an intimate relationship. The coercive and abusive behaviors can be physical, sexual, psychological, verbal, and/or emotional. Relationship abuse can occur between current or former intimate partners who have dated, lived together, have a child together, currently reside together on or off-campus, or who otherwise connected through a past or existing relationship. It can occur in relationships between people of all sexual orientations and gender identities.
Examples of relationship abuse include, but are not limited to: attempting to cause or causing bodily injury by hitting, slapping, punching, hair-pulling, kicking, sexual assault, and/or other forms of unwanted physical contact that causes harm; knowingly restricting the movements of another person; isolating or confining a person for a period of time; controlling or monitoring behavior; being verbally and/or emotionally abusive; exhibiting extreme possessiveness or jealousy.
The University will not tolerate retaliation in any form against any persons for their participation or involvement in the reporting, investigation, and/or resolution of matters subject to the Sexual Offense Policy. The University will take appropriate steps to prevent and/or address retaliatory conduct immediately. Retaliation includes any acts or words that constitute intimidation, threats, or coercion because of that person’s (1) report of Sexual Offense Policy violation(s); (2) assistance in reporting of Sexual Offense Policy violation(s); (3) participation in any proceeding under the policy; or (4) protest of Sexual Offense Policy conduct, and that would also deter a reasonable person from reporting or assisting in reporting a violation of the policy, participating in any proceeding under the policy, or protesting of the Sexual Offense Policy. In addition, Clark prohibits intimidation, threats, coercion, or discrimination, including filing charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same set of facts or circumstances as a report or complaint of sexual discrimination, and for the purpose of interfering with a right secured under Title IX. An adverse action does not include minor annoyances or another’s lack of good manners as those actions will not deter a reasonable person from engaging in the process. The University includes retaliation in its definition of prohibited conduct under this policy, as well as the University’s general prohibition on retaliation, which can be found here.
Sexual assault is any sexual penetration (anal, oral, or vaginal), however slight, with any object or sexual intercourse by one or more persons upon another without effective consent. Sexual penetration includes vaginal or anal penetration by a penis, object, tongue, or finger, and oral copulation by mouth-to-genital contact or genital-to-mouth contact.
Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute sexual assault, sexual misconduct, or sexual harassment. Examples of sexual exploitation include, but are not limited to: making public sexual activity with another person without that other person’s consent; prostituting another person; non-consensual video- or audio-taping of sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); voyeurism; and/or knowingly transmitting a sexually transmitted infection (STI) or HIV to another person.
For purposes of investigations that a student or employee’s rights have been violated under Title IX, “Sexual harassment” consists of any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This includes, but is not limited to: submission to, or rejection of, such conduct that is made either implicitly or explicitly a term or condition of employment or participation in an education program; submission to, or rejection of, such conduct that is used as the basis for employment or academic decisions affecting a student, faculty, or staff member; such conduct that has the purpose or effect of interfering with a student, faculty, or staff member’s work or academic performance; or such conduct that creates a hostile or intimidating work or academic environment and is severe, pervasive and objectively offensive.
Please note: Conduct of a sexual nature may, in some cases, violate other provisions of the Student Code of Conduct or Clark’s Employment policies. In such a case, Clark will respond to such conduct consistent with the applicable policy.
Sexual misconduct is any intentional sexual touching of a person, however slight, with any object without effective consent. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth, or another bodily orifice of another or any other bodily contact in a sexual manner. Any disrobing of, or exposure to, another person without effective consent is considered a violation of this policy.
Stalking is a course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to a) fear for their safety or the safety of others or b) suffer substantial emotional distress. Stalking behaviors include, but are not limited to: non-consensual communication (including in-person communication, telephone calls, voice/text/email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters, gifts, or any other communications that are undesired and/or place another person in fear); following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a person; surveillance and other types of observation, whether by physical proximity or electronic means; vandalism; trespassing; nonconsensual touching; direct physical or verbal threats against a person and/or their loved ones; gathering of information about a person from family friends, co-workers, and/or classmates; manipulative and controlling behaviors such as threats to harm oneself or threats to harm someone close to that person; and defamation or slander against a person.
Additionally Prohibited Conduct
Aiding or Facilitating a Sexual Offense
Aiding or facilitating a sexual offense means promoting or encouraging the commission of any behavior prohibited under this policy. Members of the Clark community are prohibited both from personally engaging in sexual offenses, and also from engaging in conduct which assists or encourages another person to engage in such misconduct.
In most circumstances, Clark University will treat attempts to commit any of the violations listed in this policy as if those attempts had been completed.
Clark University will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.