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Crime Awareness & Campus Security Report

Berkshire Community College (hereinafter referred to as BCC), in compliance with the requirements of the Crime Awareness and Campus Security Act of 1990 (Jeanne Clery Act) under Public Law 101-542, Title II, and with its philosophy of establishing and maintaining an environment of learning and a supportive climate in which to conduct the business and mission of the college, provides the following information regarding crime statistics and campus security policies and procedures.

Crime Awareness / Prevention Programming

Programs on personal safety and crime prevention are sponsored by various campus organizations throughout the year. FORUM programs are advertised through flyers or brochures and posted on bulletin boards. During Crime Prevention Month (September), safety tips are offered on BCC’s Facebook as well as in the publication “The Stall.” Campus Security provides table top information during college events such as Orientation and the Welcome Back BBQ.

Emergency Notification System

BCC has installed an Emergency Notification System (ENS) that quickly sends messages to all registered users via cell phone e-mail, text message and regular phone lines.

Available to BCC students, faculty and staff, the ENS notifies registered users directly about school closings and other time-sensitive situations. A notification will be immediately sent out upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the campus. In the event of a serious or ongoing threat, BCC Administrators will issue a “timely warning.” To receive ENS messages, log into your BCC WebAdvisor account and fill in your contact information in the “Emergency Notification” link under “User Account.” For more information, contact the ENS HelpDesk (ext. 3014).

Emergency Response System

Berkshire Community College has developed and maintains an Emergency Response Plan. College administrators work with the State Police and Pittsfield Fire Department so that in the event of a serious incident the first responders to the scene work together to manage the incident. The College has various systems in place for communicating information quickly. Taking into account the safety of the campus/community, the College will determine the content of any notification and initiate any emergency procedures necessary (unless issuing a notification will compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency.) Methods include network emails, emergency text messages and a campus-wide emergency intercom system. An emergency notice and updates will also be posted on BCC’s website at http://www.berkshirecc.edu. The College conducts emergency response exercises each year, such as table top exercises, tests of the ENS system and fire drills.    

Reporting Crimes and Emergencies

(From cell phones dial 499-4660 x6100)

  • BCC students, staff, as well as visitors are encouraged to immediately report to Campus Security (located in the Susan B. Anthony Building Annex A18) any incidents of criminal activity, sexual harassment/violence, racist behavior, or other emergencies.
  • Security guards may be approached at any time or may be contacted in the following manner:
  • By calling 499-4660 x6100, or by dialing 6100 from any in-house telephone, you will reach a security officer by radio (carried by the officers at all times). Security officers are trained in basic first aid and will respond if you have a medical concern. In the event that the concern is an emergency, please call 911 in addition to 6100.
  • By using emergency phones (clearly marked as emergency phones and housed in red call boxes) located throughout the campus, (see last page for listing) which automatically dial security upon lifting of the handset.
  • By reporting incidents to the Vice President for Administration & Finance located in F-225, ext. 3001, or to the Vice President for Student Affairs and Enrollment Services located in F125, ext., 1601, if security cannot be reached.

If you are a victim of a crime and do not want to pursue action within the College System or the criminal justice system, you may still want to consider making a confidential report. With your permission, college personnel who receive this report can file details of the incident without revealing your identity.

The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the College can keep an accurate record of the number on incidents involving students, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crimes statistics for the institution. A confidential report may be given to the Vice President of Student Affairs.

Crimes concerning sexual violence are discussed in the Sexual Violence Policy and Procedures section of this report.

Prevention

In an ongoing effort to inform students, faculty and staff about safe practice procedures which encourage students and employees to be responsible for their own security and the security of others, the college periodically offers Forums and appropriate presentations from off-campus professionals. Our security staff promotes their services at campus events such as Student Orientation and the Welcome-Back BBQ.

Institutional Response to Reported Incidents

Incident Reports:

Upon receiving a report of any criminal activity, injury, or accident, security will respond by interviewing the reporting individual for details of the incident and will complete an incident report which is reviewed by the chief security officer. Copies of incident reports are kept in the office of the Vice President of Administration and Finance. A daily Crime Log is maintained in the Security Office and made available to the public.

Actions:

The security guard on duty can often respond to an incident by taking such actions as asking a person to leave the campus, or intervening to disperse participants in an incident. In the event of medical emergencies, security or another first-aider can contact an ambulance to transport the victim to the hospital. Security works with the Massachusetts State Police in reporting incidents of criminal activity. The state police conduct their own investigation, keeping college officials apprised of the status and dispensation of each case. In the case of incidents or complaints regarding maintenance of buildings and grounds, college staff addresses the concern in response to a Maintenance Request Form completed by the responding guard.

 


 

Code of Conduct & Sanctions

Disciplinary Offenses

The College’s jurisdiction under this policy shall extend to student conduct occurring on College property, property under the management and/or control of the College, and/or off College property when such conduct adversely affects the College Community, poses a risk of harm or the threat of harm to the College Community and/or interferes with the College’s pursuit of its objectives and mission.

A student shall be subject to the disciplinary sanctions outlined in this policy for acts including, but not limited to:

  • Physical violence or the threat thereof and/or any conduct that threatens or endangers the health or safety of any person.
  • Creating or false reporting of bombs.
  • Extortion — the use, or the express or implicit threat of the use, of violence or other criminal means to cause harm to person, reputation, or property as a means to obtain property from someone else without his/her consent.
  • Unauthorized use of fire alarm or fire equipment.
  • Unauthorized or illegal gambling.
  • Hate Crimes as defined under state or federal law.
  • Hazing as defined under state of federal law.
  • Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises.
  • Conduct resulting in a violation of the College’s Computer/Technology Acceptable Use and/or Email Policies.
  • Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
  • Failure to identify oneself when on College property or at a College-sponsored or supervised event, upon request of a College official acting in the performance of his/her duties.
  • Use, possession, or distribution of alcoholic beverages or public intoxication except as expressly permitted by law and/or College regulations.
  • Use, possession, or distribution of illegal drugs or other controlled substances.
  • Breach of peace; including disorderly, lewd, or indecent conduct, or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in, by the College.
  • Defacement or destruction of College materials or College property.
  • Attempted or actual theft, or unauthorized use of and/or damage to property of the College or property of a member of the College community or other personal or public property.
  • Acting in a manner or participating in an event which disrupts the normal operations of the College and the learning environment and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which interferes with freedom of movement, either pedestrian or vehicular, on campus.
  • Harassment (verbal or physical) and or intimidation of a member of the College Community.
  • Acts of dishonesty, including but not limited to the following:
  • Cheating, including use of unauthorized books or notes, plagiarism, or other forms of academic dishonesty, as defined by College policy.
  • Forgery, alteration, or misuse of any College document, record, or instrument of identification. Alteration of college records, documents, or identification instruments or the use of the same with the intent to defraud.
  • Furnishing false information to any College official, faculty member or office.
  • Disrupting or tampering with the election of any College recognized student organization.
  • Abuse of the Disciplinary process, including but not limited to:
  • Falsification, distortion, or misrepresentation of information before a Judicial Board.
  • Disruption or interference with the orderly conduct of a judicial proceeding.
  • Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
  • Attempting to influence the impartiality of a member of a Judicial Board prior to, and/or during the course of, the judicial proceeding.
  • Harassment (verbal or physical) and/or intimidation of a member of a Judicial Board prior to, during, and/or after a judicial proceeding.
  • Failure to comply with the sanction(s) imposed under the Student Code.
  • Influencing or attempting to influence another person to commit an abuse of the judicial system.
  • Unauthorized possession, duplication, or use of keys to any College premises or unauthorized entry to or use of College premises.
  • Unauthorized solicitation, including but not limited to sale of goods and services for personal profit.
  • Unauthorized activity that constitutes forgery.
  • Violation of State or Federal Laws not otherwise enumerated herein.
  • Violation of published College policies, rules, or regulations not otherwise enumerated herein.
  • Discipline in the Classroom
  • Disrupting or disturbing the classroom is a violation of the College’s Student Code of Conduct. A faculty member has the right to remove a disruptive student from class, pending a review of the situation by the Vice President/Senior Student Affairs Officer or designee.

Any faculty member may, at any time, refer a student to the Vice President/Senior Student Affairs Officer or designee, if the student is in violation of the Student Code of Conduct. The Vice President/Senior Student Affairs Officer or designee may impose disciplinary sanctions against the offending student consistent with the rules and regulations of the Student Code of Conduct. At the discretion of the Vice President/Senior Student Affairs Officer or designee, a student may be allowed to attend class during the disciplinary review process. In making this determination the Vice President/Senior Student Affairs Officer or designee will consider the severity of the disruptive behavior and may consult with the Chief Academic Officer.

Complaints Alleging Sexual Harassment or Discrimination

Claims of discrimination or sexual harassment shall be pursued under the College’s Policy Statement on Affirmative Action, Equal Opportunity & Diversity (see pg. 17). For more information, please contact Deborah A. Cote, the College’s Title IX Officer, at 236-1022.

Off Campus Behavior

If a student is charged only with an off-campus violation of federal, state, or local laws, the College reserves the right to take disciplinary action and impose sanctions against the student. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

Code of Conduct Disciplinary Process

The Disciplinary Process is initiated once a formal complaint is filed against a student by a member of the College community or by the Vice President/Senior Student Affairs Officer. This policy is not intended to prevent members of the College Community from attempting to resolve matters mutually and informally. For example, if a student engages in disruptive conduct in the classroom, a faculty member may confront the student and resolve the matter without resorting to filing a complaint under the Code. Where, however, a matter cannot be resolved mutually and informally, the Code of Conduct Process shall be followed.

Disciplinary Process

All complaints under the Code of Conduct shall be filed with or by the Vice President/Senior Student Affairs Officer or designee. When the VP/SSAO receives a complaint that a student has acted in a manner which may be in violation of the Code, the VP/SSAO or designee initiates the disciplinary process by meeting with the Accused Student, putting him/her on notice of the alleged violation and providing him/her an opportunity to respond to the allegations. Thereafter, the VP/SSAO or designee may conduct an investigation.

If the Vice President/Senior Student Affairs Officer or designee determines that a violation exists, two procedural options are available. One, the violation may be resolved through an administrative disposition conducted by the VP/SSAO or designee. In this case, the student may accept the administrative remedy proposed by the VP/SSAO or designee and in doing so waives in writing his/her right to a disciplinary hearing or appeal. Alternatively, if the Accused Student does not accept the proposed administrative remedy, then the student may receive a hearing before a Judicial Board, to which a right of appeal exists.

If the student chooses a hearing with the Judicial Board, the VP/SSAO or designee will schedule a hearing. The Judicial Board will hear the case and issue a written decision and/or sanction within ten (10) days of the hearing. The student may appeal the Judicial Board decision to the College’s Appeals Officer. A right of appeal exists only if based on new evidence or information. Failure to cooperate with the College’s investigation of an alleged Code of Conduct violation, which includes appearing before a Judicial Board or College official if summoned to do so, will result in the student forfeiting his/her rights to a hearing or appeal and/or may result in disciplinary action.

Sanctions

A student found in violation of the College’s Code of Conduct shall be subject to one or more of the following sanctions:

  • Verbal Warning
  • Written Warning
  • Restrictions/Loss of Privileges
  • Probation
  • Community/Educational Service
  • Restitution
  • Suspension
  • Expulsion

The intent of the College is to impose sanctions in a progressive manner, beginning with the least punitive sanction. However, depending on the nature and severity of the student’s violation the College reserves the right to impose any of the above-referenced sanctions at any time.

The College also reserves the right to issue an interim suspension where a student’s conduct:

  • poses a threat to him/herself or others;
  • poses a threat to or results in damage to College property; or
  • poses a threat to or results in disruption or interference with the normal operations of the College. During an interim suspension, a student is prohibited from entering the College’s premises or participating in any College activities until further notice from the VP/SSAO. [Due Process and Grievance Procedures may be seen in their entirety in the Student Policy Guide, located in the Student Affairs office F126, or by viewing online at www.berkshirecc.edu/studentpolicyguide.

 


 

Main Campus Facility Access & Maintenance

Access to Campus Facilities

The college campus, located at 1350 West Street, Pittsfield, MA, consists of 181 acres of land on which are situated nine (9) buildings, parking lots, playing fields, and outdoor laboratories. Most campus buildings and facilities are accessible to members of the campus community, their guests and visitors during normal hours, Monday-Friday, 6 am-10 pm, when classes are in session.

Campus grounds are open to the public for non-organized activities; i.e., walking, bicycling, etc.  Visitors are expected to use facilities safely and properly.  Those found violating normal safety practices or acting rudely and disorderly will be asked to leave (i.e., those riding bicycles down the stairs, drinking alcohol, or behaving discourteously to others).  Organized events such as baseball or soccer games are scheduled through the campus facilities coordinator for a nominal fee.  Campus security is provided with a schedule of such events and investigates any activity taking place that does not appear on the schedule.

Security of Campus Grounds & Facilities

BCC maintains security coverage 24 hours a day every day of the year.  Security guards patrol the campus continuously and maintain a record of such patrol in a daily activity report. 

All interior door keys are distributed to staff for their assigned areas only.  Keys are not given to work study students.  Staff must sign for receipt of keys, and a procedure is in place to collect the keys from staff when employment is terminated.

Security officers lock the exterior doors on campus buildings following the last class each evening.  Security will also report door and locking hardware deficiencies when discovered. Buildings remain secured on holidays, weekends, and during nonscheduled class periods unless special arrangements are made to the contrary by contacting the facilities coordinator or campus security.

No unauthorized persons are allowed into campus buildings off-hours without prior permission or unless accompanied by an authorized person.  College staff or students needing access to buildings during off-hours are encouraged to call ahead to security at ext. 6100.  A guard will then meet the person(s) and unlock the requested areas.

When requested, security will periodically visit a person occupying a building during off-hours to ensure his/her safety and will accompany the person to and from his/her vehicle. Parking areas, walkways, and building exteriors are well lighted.  Members of the campus community are encouraged to report any exterior lighting deficiencies to the Office of Administration and Finance. As a commuter campus, BCC has no policy on the security of residence halls. There are no off-campus student organizations.

Campus Maintenance

Janitorial crews have keys to campus buildings in order to provide maintenance. Mechanical contractors and mechanical-trades worker employees are accompanied by either security or maintenance staff when it is necessary for them to be on campus during other than normal working hours. 

Law Enforcement Authority and Interagency Relationships

Campus security personnel are authorized to enforce the rules and regulations of Berkshire Community College in the following ways: ask for identification, disperse activities not permitted under campus guidelines (i.e., improper use of facilities, harassment, and trespass) issue parking tickets, give verbal warning to cease unauthorized activity escort violators from campus facilities. Security personnel do not operate with police powers and do not carry weapons.  They do carry radios capable of dialing off-campus to state and/or local police.

Since BCC is state-owned property, enforcement authority rests with the State Police.  Campus security routinely works with the state police in the investigation of criminal activity occurring on campus property.  They are called in by campus security in cases of criminal activity such as assault, automobile accidents, theft, violation of restraining orders, etc. Local police, while not empowered with enforcement authority on state property, are cooperative in providing emergency assistance when requested.

Incident Statistics

Per the Campus Security/Clery Act of 1990 as amended by the Violence Against Women Reauthorization Act of 2013 20 USC 1092 (f),  an annual security report is published and made available each year detailing campus crime statistics for the previous 3 years.  [Statistics described shall be compiled in accordance with the definitions used in the uniform crime reporting system of the Department of Justice FBI and modifications in such definitions as pursuant to the Hate Crime Statistics Act. For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 400002(a) of the Violence Against Women Act of 1994 (42) USC 13925 (a). Such statistics shall not identify victims of crimes or persons accused of crimes. ]This report is prepared in cooperation with local law enforcement agencies surrounding our main campus, satellites and alternate sites, campus security, and the Division of Student Affairs. Each semester, an e-mail notification is made to all enrolled students providing the web site to access this report. Faculty and staff receive similar notification. A paper copy of this publication is available upon request from the office of Student Affairs, ext. 236-1602.

CRIME STATISTICS: CLERY DATA - The following annual security report provides crime statistics for selected crimes that have been reported to local police agencies or to campus security authorities. The statistics reported here generally reflect the number of criminal incidents reported to the various authorities. The statistics reported for the sub-categories on liquor laws, drug laws, and weapons offenses represented the number of people arrested or referred to campus judicial authorities for respective violations, not the number of offenses documented. This report complies with 20 U.S. Code Section 1092 (f).

 

2013

2014

2015

OFFENSES

 

On-Campus

Public Property

Non-Campus

On-Campus

Public Property

Non-Campus

On-Campus

Public Property

Non-Campus

Murder/
Non-negligent Manslaughter

0

0

0

0

0

0

0

0

0

Negligent Manslaughter

0

0

0

0

0

0

0

0

0

Sex Offense Forcible: Rape

0

0

0

0

0

1

0

0

0

Sex Offense Forcible: Fondling

0

0

0

0

0

0

0

0

0

Sex Offense Non-Forcible: Incest

0

0

0

0

0

0

0

0

0

Sex Offense Non-Forcible: Statutory Rape

0

0

0

0

0

0

0

0

0

Robbery

0

0

0

0

0

0

0

0

0

Aggravated Assault

0

0

0

0

0

2

0

0

0

Burglary

0

0

0

0

0

0

0

0

0

Motor Vehicle Theft

0

0

0

0

0

0

0

0

0

Arson

0

0

0

0

0

0

0

0

0

VAWA OFFENSES

Domestic Violence

0

0

0

1

0

0

0

0

0

Dating Violence

0

0

0

0

0

0

0

0

0

Stalking

0

0

0

0

0

0

0

0

0

ARRESTS 

Weapon Law Violation

0

0

0

0

0

0

0

0

0

Drug Law Violation

0

0

0

0

0

7

0

0

0

Alcohol Law Violation

0

0

0

0

0

7

0

0

0

REFERRALS

Weapon Law Violation

0

0

0

0

0

0

0

0

0

Drug Law Violation

0

0

0

0

0

0

0

0

0

Alcohol Law Violation

0

0

0

0

0

0

0

0

0

HATE CRIMES

Murder/
Non-negligent Manslaughter

0

0

0

0

0

0

0

0

0

Negligent Manslaughter

0

0

0

0

0

0

0

0

0

Sex Offenses

0

0

0

0

0

0

0

0

0

Forcible Rape

0

0

0

0

0

0

0

0

0

Non-Forcible Rape

0

0

0

0

0

0

0

0

0

Fondling

0

0

0

0

0

0

0

0

0

Incest

0

0

0

0

0

0

0

0

0

Statutory Rape

0

0

0

0

0

0

0

0

0

Robbery

0

0

0

0

0

0

0

0

0

Aggravated Assault

0

0

0

0

0

0

0

0

0

Burglary

0

0

0

0

0

0

0

0

0

Motor Vehicle Theft

0

0

0

0

0

0

0

0

0

Arson

0

0

0

0

0

0

0

0

0

Larceny

0

0

0

0

0

0

0

0

0

Simple Assault

0

0

0

0

0

0

0

0

0

Intimidation

0

0

0

0

0

0

0

0

0

Vandalism

0

0

0

0

0

0

0

0

0

Hate Crime Key: (D) Disability (E) Ethnicity (Ra) Race (Re) Religion (S) Sexual Orientation (G) Gender (N) National Origin (Gi) Gender Identity

Notification of Where to Access Sex Offender Information

In accordance with federal law, the College is required to advise the campus community where information concerning registered sex offenders may be obtained. Information concerning Level 2 and Level 3 offenders is available to the general public by contacting your local police department or the Commonwealth of Massachusetts’ Sex Offender Registry Board, located at P.O. Box 4547, Salem, MA 01970-4547, (978)-740-6400. Level 3 offender information is also available on-line at www.mass.gov/sorb.

Berkshire Community College is required to inform the campus community that a list of registered Level 2 and 3 sex offenders is maintained in a binder located in the College’s Security Office on the main campus. It is available for public inspection and copies of Level 2 and 3 notices may be provided upon appropriate written request using the Sex Offender Registry Board’s form: “Request for Sex Offender Information from City/Town Police Departments.” This form may be picked up in the Security Office. 

The Family Educational Rights and Privacy Act of 1974 (FERPA) does not prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders. If you have any questions regarding access to sex offender information, please contact the Staff Assistant of Student Affairs, extension 1602.

 


 

South County Facility Access and Campus Maintenance

The South County Center of Berkshire Community College is housed in premises at 343 Main Street in Great Barrington, Massachusetts, in space leased from the BCC Foundation, Inc.

BCC South County Center maintains the same policies and procedures as are followed at the Pittsfield campus with the following exceptions:

Reporting Procedures

The South County Center Director and staff are available and accessible during all regular operating hours for the reporting of incidents of any type. They in turn relay the information to the security staff of the main (Pittsfield) campus for follow-up as described in the preceding pages and/or to the Great Barrington Police Department for immediate response. The public has access to a telephone for emergency calls to local police and fire departments if necessary, by dialing 911.

Authorized Access

Requests for access during regular operating hours are made to the South County Center Director or Foundation Executive Director.

Campus Maintenance

The BCC Foundation, Inc. employs a cleaning service to provide janitorial services to BCC and one tenant (BC ARC). Cleaning is done during night hours when no other employees or students are usually on campus.

Policies for Campus Law Enforcement

As a privately owned building in the town of Great Barrington, enforcement authority rests with the police department of the town. The South County Center is equipped with a burglar/fire alarm system. This system is hard-wired to the police department for immediate response. In addition, incidents are reported to the Pittsfield campus security staff for processing of internal incident reports and for record keeping of incidents.

Security of and Access to Campus Facilities

Since it is housed in a privately owned building, the public does not have access to the South County Center facilities outside of regular operating hours. The building remains secured except when classes are in session, Monday-Friday, 7:00 am-10:00 pm. Keys to the South County Center are issued to the Director, administrative assistant, night clerk, the maintenance contractor, and the Practical Nursing program faculty (since these classes run on a different schedule than others.)

Relationship with State and Local Police

Since the South County Center is housed in a privately owned building, enforcement authority rests with the police department in the town of Great Barrington. The South County Center maintains a good relationship with the local police who have been responsive when called. The state police are also notified in the event an incident exceeds the authority of the local police department.

 


 

Off-campus Sites

Education Ctr. at Conte Facility Access and Campus Maintenance

The Education Center at Conte is located at 78 Center Street in Downtown Pittsfield, and includes four classrooms, a computer lab, a student lounge and a community conference room. For information about the site please call Julie Hannum, Director of Off-Campus Sites at 413-236-5201 or in Mass. only, 800-816-1233 ext. 5201.

Charles H. McCann Vocational Technical High School

Charles H. McCann School is located on Hodges Cross Roads in North Adams, MA.  For information about the site please call Julie Hannum, Director of Off-Campus Sites at 413-236-5201 or in Mass. only, 800-816-1233 ext. 5201.

 


 

Public Disclosures

Affirmative Action, Equal Opportunity & Diversity

The Board of Higher Education of the Commonwealth of Massachusetts is responsible under Chapter 15A of the General Laws of the Commonwealth of Massachusetts for the overall governance of the public higher education system, which includes the fifteen Community Colleges. The Board of Higher Education and the Boards of Trustees of the Community Colleges maintain and promote a policy of nondiscrimination on the basis of race, creed, religion, color, gender, gender identity, sexual orientation, age, disability, genetic information, maternity leave, military service and national origin (“protected class(s)/classification(s).” Further, this policy prohibits retaliation and incorporates by reference, and where applicable, the requirements of Titles VI and VII of the Civil Rights Act of 1964; Title VI of the Civil Rights Act of 1968; Titles I and II of the Civil Rights Act of 1991; Title IX of the Education Amendments of 1972 and its regulations found at 34 C.F.R. part 106; Equal Pay Act of 1963; Civil Rights Restoration Act of 1988; Sections 503 and 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Section 402 of the Vietnam-era Veterans Readjustment Act of 1974, Uniformed Services Employment and Reemployment Rights Act (USERRA); Age Discrimination Act of 1975; Age Discrimination in Employment Act of 1967, as amended; Family and Medical Leave Act of 1993; Federal Executive Order 11246 of 1965, as amended by Executive Order 11375 of 1967; Federal Executive Order 12900 of 1994; Federal Executive Order 13145 of 2000; Federal Executive Order 13160 of 2000; Federal Executive Order 13166 of 2000; Massachusetts Civil Rights Act; Massachusetts General Laws Chapters 151B, 151C, and Chapter 149; directives of the BHE, the Boards of Trustees of the Community Colleges and the Commonwealth of Massachusetts; and other applicable local, state and federal constitutions, statutes, regulations and executive orders.

Nondiscrimination requires the elimination of all existing unlawful discriminatory conditions, whether purposeful or inadvertent. The Community Colleges are continuing to systematically examine all policies and procedures to be sure that they do not, if implemented as stated, operate to the detriment of any person on the basis of a protected classification. The Colleges shall require that the practices of those responsible in matters of employment and education, including all supervisors and faculty, are nondiscriminatory. Should the College discover discrimination in treatment or effect in any employment, educational or service decision, action, inaction or practice within the College, all appropriate corrective and/or disciplinary actions shall be taken under the direction of the President of the College subject to any applicable collective bargaining agreement or other policy or procedure of the College.

The Community Colleges are committed to a policy of Affirmative Action, equal opportunity, equal education, nondiscrimination, and diversity. They are committed to providing a learning, working and living environment for their students, employees and other members of the College Community, which values the diverse backgrounds of all people. The Colleges are committed to assuring that the “College Experience” is one that challenges, empowers, supports, and prepares its students to live in, work in, and value our increasingly global and diverse world. The Colleges believe that the diversity of socioeconomic, racial, ethnic, religious, gender, sexual orientation, age and disability backgrounds of members of the College Community enriches the institutions and their various constituencies. The Colleges will not tolerate behavior based on bigotry, which has the effect of discriminating unlawfully against any member of their communities.

The Community Colleges provide equal access to educational, co-curricular and employment opportunities at the Colleges for all applicants, students and employees in compliance with all applicable laws, regulations and policies. All benefits, privileges and opportunities offered by the Colleges are available to all students, employees and other persons having dealings with the institutions on a nondiscriminatory basis. The Colleges are committed to taking a proactive Affirmative Action posture with respect to their recruitment, selection and promotion of students and employees.

The purpose of the Affirmative Action component of this Policy is to establish a set of programmatic objectives, which shall provide for the recruitment, access and advancement of qualified persons from within the protected classes/classifications recognized under this Policy with respect to employment and enrollment opportunities. The intent of this Policy is to responsibly recognize, and to whatever extent possible, resolve the effects of past societal discrimination and the impact which that discrimination has had, not only on victims of such discrimination, but on the total academic, educational and social system as well. It is not intended and should not be used to discriminate against any applicant, employee, or student because of a protected classification.

In response to that recognition, the Colleges, through their Boards of Trustees and Presidents, fully endorse the plan of action set forth in this Policy and shall oversee and monitor its implementation through the Affirmative Action Officer and other assigned personnel.

The following specific policies are established:

  • Equal opportunity and affirmative action shall apply to all segments of the College; full and parttime employment; day and continuing education; the curriculum and offerings of the College.
  • Equal opportunity and affirmative action shall be applied to the recruitment process for employment and/or access to education.
  • Students will have access to the College, programs of study, activities, and other resources intended to serve them, according to the policies of the individual Colleges.
  • Equal employment opportunity and affirmative action will be realized in all personnel employment, including recruitment, application for employment, hiring, benefits, compensation, training, promotion, and termination.
  • All policies, procedures, privileges, and conditions of the College will follow and incorporate applicable equal opportunity and affirmative action rules and regulations.

The abovestated policies are intended to be applied broadly with the goal of promoting equal opportunity and diversity in Community Colleges. The Community Colleges pledge to apply all policies consistently, fairly, and vigorously. Attempts to subvert or abuse these policies will not be tolerated. Appropriate disciplinary action will be taken in the case of an infraction. Such disciplinary action shall be consistent with the appropriate collective bargaining agreement, if applicable.

All policies are made in compliance with laws and regulations and executive orders promulgated by the federal and state governments and other appropriate agencies and authorities, where applicable.

Drug & Alcohol Policy

On December 12, 1989, Congress amended Title XII of the Higher Education Act of 1965. This amendment, known as the “Drug-Free Schools and Communities Act of 1989,” requires that every educational institution receiving federal funding certify its adoption and implementation of programs designed to prevent use of illegal drugs and abuse of alcohol by students and employees. Prior federal law applicable to the College regulated only criminal drug activity of federally grant-funded employees and recipients of federal aid. BCC, in accordance with legal mandates and its philosophy of establishing and maintaining an environment of learning and a supportive climate in which to conduct the business and mission of the College, will enforce the following policies:

The unlawful manufacture, distribution, dispensing, possession or use of alcohol or of a controlled substance is prohibited on the campus of Berkshire Community College or as part of any college-related activity. Students or employees who violate these restrictions shall be subject to appropriate disciplinary action, up to and including, suspension, expulsion or discharge and shall also be subject to referral for criminal prosecution. Where students or employees are convicted of violating a criminal drug or alcohol statute related to a college activity, the College shall ordinarily expel or discharge the offender absent mitigating circumstances. Mitigating circumstances shall include, but shall not be limited to, considerations or handicap under federal and state law.

Berkshire Community College shall cooperate in the enforcement of federal and state laws concerning illegal drugs and alcohol. Federal statute pertaining to illegal drugs and alcohol may be found under Title 21 United States Code Controlled Substances Act. Prescribed penalties for violation for possession described in Part D Sections 841-865 range from fines to imprisonment. More information may be found online at the Department of Justice’s website: www.justice.gov.

Massachusetts statutes pertaining to illegal drugs and alcohol may be found under MGL, Chapter 272, Section 59, Alcoholic Beverages and Chapter 90, Section 24, Operating Under the Influence and Open Containers. Massachusetts statute pertaining to illegal drugs may be found under MGL, Chapter 94C, Controlled Substances Act. Prescribed penalties for violation may include completing a mandatory drug awareness program, community service, probation, fines or a period of imprisonment. More information may be found online at the official website of the Commonwealth of Massachusetts: www.mass.gov.

Under-age drinking is prohibited at Berkshire Community College functions and on any part of the campus.

Alcohol may not be served, consumed, or furnished at any Berkshire Community College student event either on or off any of its campuses. *The club or activity advisor or other appropriate college official should take all reasonable steps to insure that alcohol is not available during or on route to a college-sponsored event. An exception is the Hospitality Sciences Management Program Dinners.

Employees working under federally funded grants are additionally subject to the Drug-Free Workplace Act of 1988. The Act creates the following obligations:

  • Employees convicted of any criminal drug statute violation occurring in the workplace must notify the Vice President for Human Resources and Affirmative Action Officer of Berkshire Community College no later than five (5) days after such conviction. Such notification must be in writing.
  • The College shall notify the appropriate federal agency within ten (10) days after receiving notice from the employee regarding such conviction. Such notification will be in writing.
  • The College, within thirty (30) days of receiving notice, with respect to any employee who is convicted, will:
  • Take appropriate disciplinary action against the employee, up to and including termination of employment; or
  • Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.
  • Make a good faith effort to maintain a drug-free workplace.
  • The College will make available to staff and students, drug and alcohol literature. This is in addition to other educational opportunities available in current or future academic offerings.

The following medical risks are associated with drug and alcohol use:

  • Overdose — An overdose can happen due to uncertain purity, strength or even type of drugs one gets illegally. It can also happen due to increased tolerance, because one needs increased dosages to achieve the same effect. An overdose can cause psychosis, convulsions, coma or death. While the risks of drug overdose are more common and frequently more severe, extreme quantities of alcohol can similarly result in psychosis, convulsions, coma or death.
  • Dependence — Continued use of drugs and alcohol can lead to a psychological and/or physical need for them. Ill Health — Long term drug or alcohol use can destroy a healthy body and mind. Generally, drug or alcohol abuse can lead to organic damage, mental illness, malnutrition, failure to get treatment for existing diseases or injuries, and even to death. Chronic drinking also has been associated with increased rates for heart disease, liver damage, ulcers and gastritis, and adrenal and pituitary gland damage. Injection of drugs presents special risks of getting AIDS, hepatitis, and other infectious diseases. Drug and alcohol use can also affect the health of a child in the womb and result in birth defects, fetal alcohol syndrome, drug dependency or death. Because the quantity of alcohol likely to injure a developing fetus is unknown, the United States Surgeon General has specifically counseled women not to drink any alcohol during pregnancy.
  • Accidents — When drugs and alcohol affect an individual’s perception and/or reaction time, accidents become more likely.

For any member of the Berkshire Community College community who is experiencing substance use /addiction issues, BCC stands ready to offer supportive services and referral for treatment, as appropriate and available. Information concerning substance use and treatment or recovery programs are available at the Student Development Center or Human Resources office, located in the Susan B. Anthony College Center. Additional counseling is available in the community through the following agencies:

  • Brien Center — 333 East St., Pittsfield, MA, 413-499-0412
  • Brien Center — 124 American Legion Dr., North Adams, MA, 413-499-0412
  • Brien Center — 60 Cottage St., Gr. Barrington, MA, 413-499-0412
  • Cross Roads — 163 South St., Pittsfield, MA, 413-442-6700
  • Narcotics Anonymous — 413-443-4377
  • McGee Recovery Unit — 725 North St., Pittsfield, MA, 413-445-9228
  • Al-Anon Family Groups — 413-445-5852
  • Alcoholics Anonymous — 413-443-0212
  • Experience Wellness Ctr, Inc. — 163 South St., Pittsfield, MA, 1-866-231-4673
  • Spectrum Health Systems — 42 Summer St., Pittsfield, MA, 1-800-464-9555
  • 24-Hour Helpline — 1-800-274-8435
  • More information at www.masshelp211.org

Treatment Covered by Required Student Medical Insurance

Massachusetts General Laws, Chapter 15A, S7B (St. 1988, Chapter 23, S22) and 117 Code of Massachusetts Regulations Section 3.04 require that students certify their participation in a qualifying student health insurance program, or in a health benefits’ program with comparable coverage. Students who do not possess adequate medical insurance must purchase the Massachusetts Regional Community Colleges’ Student Accident and Sickness Insurance Plan. This plan provides the following benefits related to drug and alcohol abuse:

  • When a covered student is confined in a legally operated and duly accredited public or private facility for the care and treatment of drug abuse, the Company will pay the same benefits provided for other illnesses, not to exceed 60 days of inpatient treatment and 24 outpatient visits during each 12 month period.
  • Outpatient services may be provided by a licensed hospital, mental health or substance abuse clinic licensed by the Department of Public Health, community mental health center or professional office, providing services are rendered by a licensed mental health professional acting within the scope of her/his license.

The College shall conduct a biennial review of these policies and programs and implement changes as necessary. (Revised 8/12)

Possession of Weapons on Campus 

Pursuant to Mass. Gen. Laws, Chapter 269, Section 10 (J), the possession of both firearms and other dangerous weapons is strictly prohibited on any BCC property or in any facility.

Sex Offender Information

Community Notification and Distribution

When the College receives notification from the Sex Offender Registration Board that a student or employee has been classified as a Level 2 or 3 sex offender, the Vice President of Student Affairs shall meet with the offender to

  • Inform the offender of the College’s knowledge of his/her final classification;
  • Outline the College’s obligation to provide public access to Level 2 & 3 offender information through its Campus Security office;
  • Inform the offender of the College’s policy of community notification; and
  • Provide the offender with a copy of the public notification the College intends to release.

Level 3 offender notices shall be posted in the following locations: Jonathan Edwards Library, Campus Security office, Paterson Fitness Center, Norman Rockwell Child Care Center and other areas as appropriate. Community notification will be made within 2 days of receiving notice from the Board of a final classification of a Level 3 offender.

Notification of Where to Access Sex Offender Information

In accordance with federal law, the College is required to advise the campus community where information concerning registered sex offenders may be obtained. Information concerning Level 2 and Level 3 offenders is available to the general public by contacting your local police department or the Commonwealth of Massachusetts’ Sex Offender Registry Board, located at P.O. Box 4547, Salem, MA 01970-4547, (978)-740-6400. Level 3 offender information is also available on-line at www.mass.gov/sorb. Level 2 and 3 sex offender information is maintained in a binder located in the College’s Security Office. It is available for public inspection and copies of Level 2 and 3 notices may be provided upon appropriate written request using the Sex Offender Registry Board’s form: “Request for Sex Offender Information from City/Town Police Departments.” This form may be picked up in the Security Office.

Sex Offender Registry Information (SORI) Checks

Students interested in participating in an academic, community or clinical program that involves working with a vulnerable population (children, the disabled, or the elderly) will be required to undergo a Criminal Offender Record Information (CORI) check and a Sex Offender Registry Information (SORI) check. Students found to have certain criminal convictions or pending criminal actions will be presumed ineligible to participate in such activities unless cleared by BCC’s CORI Review Committee following procedures set forth by the Commonwealth’s Department of Criminal Justice Information Services (DCJIS). The College is authorized by the DCJIS, pursuant to Massachusetts General Laws, Chapter 6, Sections 167A, 172, Chapter 30A, and regulation 803CMR2:00 to review and assess criminal history records. Sex Offender checks shall be performed pursuant to Massachusetts General Laws, Chapter 6, Section 178J. For more information regarding the College’s CORI/SORI check process, please contact Mary Martin, CORI Administrator, extension 1602.

Sexual Violence Policy and Procedures

The college is committed to providing an atmosphere for learning that is free of any conduct that could be considered harassing, abusive, or disorderly.  In order to assure that BCC meets its obligation to all members of the community, the procedures and programs set forth on the following pages have been established.  Copies of these procedures are available in the offices of Human Resources, the Vice President for Administration & Finance, the Vice President for Student Affairs and Enrollment Services, the Student Development Center, and the Campus Security Office.

BCC students and staff, as well as visitors, are encouraged to immediately report to Campus Security any incidents of criminal activity, sexual harassment, racist behavior, or other emergencies.

Programming

  • Education will be provided through appropriate programs such as Sexual Assault Awareness “Clothesline Project,” February’s Love Carefully Day (tabling which includes visits from several agencies in the community addressing sexual assault, prevention, community health and counseling services) special FORUM presentations during April and October, a week-long event on “Intimate Violence” in collaboration with the Elizabeth Freeman Center as well as campus visits throughout the semester from Elizabeth Freeman Center and Tapestry personnel.
  • Website links to domestic violence and sexual assault support services are provided through the Personal Counselor’s web page found online at http://www.berkshirecc.edu/PersonalCounseling.
  • Each year staff and students will be provided an opportunity to participate in a comprehensive, relationship-violence prevention program found online (www.everfi.com) called “Haven.”
  • General educational information (such as self-help booklets) is available in the Student Development Center in the Susan B. Anthony Building.   

Policy

Introduction

Sexual violence is prohibited under state law and the College’s Policy on Affirmative Action. Sexual violence is prohibited pursuant to Title IX of the Educational Amendment Act of 1972, which states: No person in the United States, shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal assistance.

All reported or suspected cases of sexual violence shall be reported to the College’s Affirmative Action and/or Title IX Coordinator. Please refer to the Complaint Procedures, following the mandatory reporting section, for specific complaint procedures and guidelines.

The College prohibits retaliation against any person who presents a formal or informal complaint of sexual violence or who testifies or offers evidence connected with a complaint. Retaliation is a violation of this policy whether or not the underlying claim of sexual violence is confirmed.

Amnesty

Students may be hesitant to report sexual violence out of concern that they, or witnesses, might be charged with violations of the College’s drug/alcohol policies. While the College does not condone such behavior, it places a priority on addressing allegations of sexual violence. Accordingly, the College may elect not to pursue discipline against a student who, in good faith, reports, witnesses or possesses personal knowledge of an incident of sexual violence.

a. Sexual Violence Defined

What is Sexual Violence? Sexual violence is defined under the Board of Higher Education/Massachusetts Community Colleges’ Policy on Affirmative Action, Equal Opportunity & Diversity (“Policy on Affirmative Action”). Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the person’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual exploitation, aiding in the commission of sexual violence, domestic violence, dating violence, stalking, sexual battery and sexual coercion. Sexual violence can be perpetrated by employees, students, or third parties. All acts of sexual violence are forms of sex discrimination and are prohibited under Title IX of the Educational Amendment Act of 1972, state law and the Policy on Affirmative Action.

b. Reporting Complaints of Sexual Violence

A victim of sexual violence has the right to file (or not file) an Affirmative Action Discrimination Complaint Form with the College. The process for filing a complaint is outlined under the Policy on Affirmative Action’s Complaint Procedure. For more information or assistance with filing a complaint, please contact the College’s Title IX Coordinator. If the Title IX Coordinator is the subject of a complaint, the President shall designate another College official to administer the Complaint Procedures. A victim may also choose to file a criminal complaint, in which case the Title IX Coordinator and/or Campus Police can assist the victim with that process. Reporting the incident to the Title IX Coordinator or Campus Police does not obligate the victim to file criminal charges.

c. College’s Investigation

The College is obligated to investigate all allegations of sexual violence, even if the alleged victim chooses not to file a formal complaint and/or participate in the investigation. Additionally, a complaint filed in another forum, including a criminal or civil complaint, shall not delay the College’s investigation of a complaint of sexual violence. The College shall promptly and thoroughly investigate all such allegations in accordance with the Policy on Affirmative Action’s Complaint Procedure and shall provide the victim with periodic updates on the status of the investigation. A person found to have committed an act of sexual violence shall be subject to disciplinary action ranging from mandatory counseling and/or training, verbal or written warnings, suspension, expulsion from the College or termination from employment, as well as criminal prosecution.

d. Victim Identification

Personal identifiable information about a victim will be treated as confidential and only shared with persons with a specific need to know and/or who are investigating and/or adjudicating the complaint, delivering resources or support services to the victim or as public safety requires. The College does not publish the names or other identifiable information of victims in the campus police department’s Daily Crime Log, in any Timely Warnings issued or online. In accordance with the Family Edu Educational Rights and Privacy Act, a victim may request that no directory information maintained by the College be released absent his/her prior, written consent.

e. Interim Protective Measures

Title IX requires the College to take reasonable steps to ensure equal access to its educational programs and activities and protect individuals from acts of sexual violence, including taking interim protective measures before the final outcome of an investigation. The College shall take these steps promptly once it has notice of an allegation of sexual violence. Examples of interim protective measures include, but are not limited to, the following:

  • access to counseling services and assistance in scheduling an appointment, on or off campus;
  • imposition of an interim suspension or on-campus “no-contact” order;
  • rescheduling of exams and assignments;
  • providing alternative course completion options;
  • changing class schedules, including withdrawing from a course without penalty;
  • changing work schedules or job assignments;
  • limiting access to certain College facilities or activities pending resolution of the matter;
  • voluntary leave of absence;
  • providing an escort to ensure safe movement between classes and activities; and/or
  • providing academic support services, such as tutoring.

The specific interim measures implemented will vary depending on the facts of each case. The College will consider a number of factors in determining what interim measures to take, including, for example, the specific needs expressed by the victim; the severity or pervasiveness of the allegations; any continuing effects on the victim; whether the victim and respondent share the same classes, dining hall schedule, transportation, or job location; and whether other judicial measures have been taken to protect the victim (e.g., civil protection orders).

In general, when taking interim protective measures, the College shall minimize the burden on the victim. To the extent permitted by law, the victim shall be notified of any interim measures taken by the College concerning the respondent. Even under those circumstances where a victim does not wish to pursue a complaint and requests confidentiality, the College must take immediate action to protect the victim while keeping her or his identity confidential.

f. Protections for Victims of Sexual Violence

A person who is subjected to sexual violence shall:

  • Be provided with a copy of the College’s Sexual Violence – Victim’s Rights and Information Advisory;
  • Have the right to, persue or not to persue, seek assistance from campus administration or campus law enforcement;
  • Not be discouraged by College officials from reporting an incident to both on-campus and off-campus authorities;
  • Be provided assistance in contacting local law enforcement if requested and have the full and prompt assistance and cooperation of campus personnel should a civil and/or criminal complaint be pursued;
  • Be free from any suggestion that they somehow contributed to or had a shared responsibility in the violent act;
  • Receive the same level of support at any proceeding before College officials as is permitted to the accused party, including the presence of a representative during any disciplinary proceeding and the right to be notified in a timely manner of the outcome of such proceedings and any appeal right available;
  • Receive full and prompt cooperation from College personnel in obtaining and securing evidence (including medical evidence) necessary for any potential criminal proceedings;
  • Have access to existing College counseling and medical professionals, victim support services, and to obtain referrals to off-campus counseling and support services if desired;
  • Be permitted to attend classes, work and participate in College activities free from unwanted contact or proximity with the accused individual(s) insofar as the College is permitted and able;
  • Be permitted to request changes to an academic schedule if such changes are requested by the alleged victim and are reasonably available; and
  • Be informed of any no-contact or no-trespass orders issued to the respondant by the College and the College’s commitment to honor any court-issued restraining or protective orders, to the extent permitted by law.

g. Recommended Procedures for a Victim of Sexual Violence

For a person subjected to an act of sexual violence, there can be time-sensitive decisions to make about sexually transmitted infections, pregnancy, and collecting physical evidence in the event of prosecution. Therefore victims of sexual violence are advised as follows:

  • Protect Yourself and Get Medical Attention — Find a safe place as soon as possible and seek medical attention immediately. Injuries and exposure to disease may not be immediately apparent. A medical examination can provide necessary treatment and collect important evidence. It is recommended that a physical exam be conducted within 72 hours of the violence. Submitting to a physical exam does not mean that a victim is required to press charges. This action merely preserves the option to do so. Designated College personnel can assist in providing transportation to the hospital.
  • Preserve Evidence — It is important to preserve all physical evidence following an act of sexual violence. Physical evidence may be necessary in the event criminal prosecution is pursued. If possible, a victim should be advised not to wash, eat, drink, douche, clean, use the bathroom, or change clothes. If clothes are changed, all clothes that were worn at the time of the incident should not be cleaned and should be placed into an unused or a clean paper bag. 

  • Health and Support Services — Various health and support services are available on and off campus for students and employees who have experienced sexual violence. For information about such services, including counseling, please contact the Affirmative Action and/or Title IX Coordinator.

BCC Procedures in the Event Sexual Violence Occurs

In the event that you are the victim of sexual violence on the campus, first and most importantly get yourself into a place of safety, if at all possible where you are able to call one or more of the following:

  • Campus Security at ext. 6100 to report the incident and receive prompt assistance
  • The State Police at (413) 743-4700
  • Personal Counselor
  • A friend
  • Elizabeth Freeman Center Sexual Assault Crisis Line at 1-866-401-2425

Anyone who receives a report or discovers a possible sexual assault (or any type of sexual violence) on campus shall immediately report this to Campus Security personnel or any Campus Security Authority (CSA). The following staff are CSAs:

Vice President of Student Affairs, Assistant to the VP of Student Affairs, Director of Human Resources, Director of South County Satellite, Director of Non-Credit Instruction, Director of Recreational Services, Director of Facilities, Director of Student Engagement, Project Link Coordinator, Service Learning Coordinator, TRIO Coordinator, Tutorial Coordinator, PRIDE Club Advisor NTSO Club Advisor, MSSO Club Advisor, as well as Campus Security personnel.

The security department will then be responsible for implementing the procedures specified below:

  • The campus officer will secure the victim in a safe, private location. Campus security shall call emergency medical services. This should be done even when the victim states that s/he does not want such services as the person may be in shock or otherwise not competent to make such a decision. The victim has the right to decline medical treatment from the attending medical personnel.
  • The campus officer will offer to contact the campus personal counselor, located in the Student Development Center, if available. If requested, the Elizabeth Freeman Center will be notified. The college will assist a student with notifying authorities (State and Local Police) if the student requests the assistance, though he/she has the right to decline notifying authorities. A detailed report of the incident shall be completed and filed by the campus officer as soon as possible.
  • The campus officer will advise the victim of the importance of preserving evidence. This means that no matter how uncomfortable this may be for the victim, she/he should not clean herself/himself, etc. If the victim requires non-emergency medical treatment, she/he shall be directed to medical services.
  • The campus officer should refer all media inquiries to the Vice President for Student Affairs and Enrollment Services. The Vice President, as the Designated College Official, shall be responsible for ensuring that all college policies and procedures are followed. The victim will be offered assistance in changing academic situations, if such changes will be helpful and are reasonably available

If on-campus disciplinary action is instituted, the college shall follow its disciplinary procedures as outlined in the Code of Conduct and Sanctions section of this report. These procedures (per the Clery Act 34CFR668.46(b)(11)) shall include the following:

  • Conducted by officials who receive annual training on issues of sexual violence and know how to conduct an investigation that protects the safety of victims and promotes accountability.
  • the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding.
  • both the accuser and accused shall be simultaneously informed in writing of the outcome of any campus disciplinary proceeding alleging a sexual assault.
  • should the victim of a sexual assault be deceased, the next of kin will be informed, upon written request, of any campus disciplinary proceedings.

The college is required to follow the above procedures regardless of where the alleged sex offense occurred (on or off campus).

Sexual Assault Survivor Contact Information

The following is a list of Rape Crisis Centers in Massachusetts. As the following contact information may be subject to change, current contact information on rape crisis centers in Massachusetts can be found at the Commonwealth’s Executive Office of Health and Human Services’ Website under “Consumer” information at http://www.mass.gov/eohhs.

Greater Boston Area
  • Boston Area Rape Crisis Center, Cambridge, 617-492-7273 Hotline, 617-492-6434
Northeastern Massachusetts
  • North Shore Rape Crisis Center, Beverly, 800-922-8772 Hotline, 978-921-8729
  • Rape Crisis Services of Greater Lowell, 800-542-5212 Hotline, 978-452-8723
  • YWCA of Greater Lawrence, 877-509-9922 SA Hotline, 978-686-8840
Central Massachusetts
  • Rape Crisis Center of Central Mass., Worcester, 800-870-5905 Hotline, 508-852-7600
  • Rape Crisis Center of Central Mass., Fitchburg, 800-870-5905
  • Wayside Victim Services, Milford, 800-511-5070 Hotline, 508-478-4205
  • Voices Against Violence, Framingham, 800-593-1125 Hotline, 508-626-8686
Southeastern Massachusetts
  • A Safe Place, Nantucket, 508-228-2111 Hotline, 508-228-0561
  • Independence House, Hyannis, 800-439-6507 Hotline, 508-778-6782
  • Women Support Services, Vineyard Haven, 508-696-7233
  • Greater New Bedford Women Center, New Bedford, 888-839-6636 Hotline
  • New Hope, Attleboro, 800-323-4673 Hotline/TTY
  • Stanley Street Women Center, Fall River, 508-675-0087 Hotline, 508-673-3328
  • Womansplace Crisis Center, Brockton, 508-588-8255 SA Hotline, 508-894-2869
Western Massachusetts
  • Elizabeth Freeman Center, Pittsfield, 413-443-0089 Hotline, 413-499-2425
  • Everywoman Center, Amherst, 413-545-0800 Hotline, 888-337-0800
  • NELCWIT, Greenfield, 413-772-0806 Hotline
  • YWCA, Springfield, 800-796-8711
  • YWCA of Western Mass, Westfield, 800-479-6245 Hotline

Revised January 2015

Berkshire Community College Counseling Service

Lisa Mattila, Personal Counselor, Student Development Ctr., 236-1605

Mandatory Reporting Under State Law

Children (a person under the age of 18) may be students at the College, or may be engaged in activities sponsored by the College or by third-parties utilizing College facilities. In such instances, where an employee has reasonable cause to believe that a child is suffering physical or emotional injury, resulting from among other causes, sexual abuse, the employee and the College may be obligated to comply with the mandatory reporting requirements established at M.G.L. Chapter 119, Section 51A-E. In such cases, the employee is directed to immediately report the matter to the College’s Affirmative Action and/or Title IX Coordinator, who, in consultation with other officials, shall contact the Commonwealth’s Department of Children and Families and/or law enforcement. An employee may also contact local law enforcement authorities or the Department of Children and Families directly in cases of suspected abuse or neglect.

State law also maintains mandatory reporting requirements for certain occupations where elderly and disabled abuse or neglect is suspected. For more information on these reporting requirements please contact the College’s Affirmative Action Officer.

Sexual Violence Complaint Procedure

General Information

a. Application of Policy

The complaint procedure is intended to provide a mechanism to investigate and where possible resolve complaints of alleged violations of this Policy against employees and students. The procedures outlined below are intended to ensure that the College will conduct an impartial, fair, effective, and efficient investigation of all allegations of discrimination without fear of retaliation. The complaint procedure is available to any employee or student who believes he/she has been discriminated against on the basis of a protected classification or retaliation. A complaint filed in another forum does not preclude a student or employee from filing a complaint under this Policy. Further, a complaint filed in another forum, including a criminal or civil complaint, shall not delay an investigation of a complaint filed under this Policy.

b. Confidentiality of Process

The complaint procedure will be conducted as confidentially as reasonably possible to protect the privacy rights of all individuals involved. The College may share information concerning the complaint with parties, witnesses and/or others during any phase of the procedure on a need-to-know basis and shall share information with union representatives as provided for in G.L.c.150E. All individuals with whom information is shared shall be advised of the confidential nature of the information and directed not to discuss the matter with anyone other than a personal advisor, if applicable.

c. Complainant Requests Confidentiality

Where a Complainant requests that no action be taken by the College or requests that her/his identity not be revealed, the College shall take reasonable steps to investigate and respond to the complaint, but shall inform the Complainant that such a request may hamper its ability to fully investigate an alleged violation of this Policy and/or to take appropriate remedial steps, including disciplinary action. Where an allegation includes the potential of an ongoing threat to the health, safety or security of the College or a potential adverse employment action, the Affirmative Action Officer shall inform the Complainant that it cannot ensure confidentiality and disclosure of their name may likely be required.

d. Anonymous Complaints

To the extent possible, the College is obliged to investigate and respond to anonymous complaints.

e. Off Campus Behavior

The College reserves the right to investigate alleged prohibited conduct under this Policy occurring off-campus when such conduct adversely affects the College Community, poses a threat of harm to the College Community; interferes with the College’s pursuit of its educational objectives and mission, and/or if a student or employee is charged with a serious violation of state or federal law.

f. Interim Action

The College reserves the right to suspend a student on an interim basis or place an employee on paid administrative leave prior to completing an investigation under this Policy when it reasonably concludes that a student or employee: (a) poses a threat to health or safety; (b) poses a threat to College property or equipment; (c) is disruptive or interferes with the normal operations of the College; or (d) is charged with a serious violation of state or federal law. In such cases, the College shall provide the employee or student of the specific reason(s) for the interim action. During a student’s interim suspension or an employee’s leave, the College reserves the right to prohibit the individual from entering upon the College’s property or participating in any College activities absent written authorization from an appropriate official of the College.

g. Joint Investigation

In some circumstances a Responding Party’s conduct may constitute a potential violation of this Policy and/or other conduct policies applicable to employees or students. In such cases, in order to avoid duplicative investigatory efforts, a joint investigation under this Policy may be conducted by the AAO and the administrator charged with enforcing conduct policies. For example, if the Responding Party is a student, the Affirmative Action Officer and Student Code of Conduct Officer may jointly investigate the complaint. Based on the findings of their joint investigation, the student may be subject to disciplinary action for violations of the Affirmative Action Policy and/or the Student Code of Conduct. Where the Responding Party is an employee, a joint investigation may be conducted by the Affirmative Action Officer and the employee’s supervisor. Based on the findings of their joint investigation, the employee may be subject to disciplinary action for violations of the Affirmative Action Policy and/or for inappropriate and unprofessional conduct.

h. Collateral Rights of Employees

Any disciplinary action taken against an employee shall be regarded as an administrative action subject to all terms and conditions of applicable collective bargaining agreements or personnel policies.

i. Complaints of Sex Discrimination, Sexual Harassment or Sexual Violence

The Title IX Coordinator shall have the responsibility for administering this Policy relative to complaints of sex discrimination, sexual harassment and sexual violence.

Complaint Procedure Process

The complaint process is comprised of two procedures - the informal procedure and the formal procedure.

a. Informal Procedure

Where appropriate, the parties to a dispute and/or the Affirmative Action Officer, may attempt to reach an informal and prompt resolution of the potential complaint. Informal resolution is encouraged and any of the parties involved may request the intervention of the Affirmative Action Officer to assist in resolving the matter informally. An informal resolution is achieved through open dialogue between the parties that allows for the airing of any misunderstandings or disputed issues. The informal procedure shall not be used in an effort to resolve allegations of sexual harassment or sexual violence. Further, at no time shall a Responding Party question or confront a Complainant, or engage a third party to do so, as such conduct may constitute intimidation and/or retaliation, which are strictly prohibited under this Policy.

b. Formal Procedure

The following rules apply throughout all phases of the formal complaint process: (1) all parties to a complaint may have a personal advisor (for union employees this may be a union representative); (2) the role of a personal advisor is limited to providing discrete advice and counsel to the party; (3) the filing of a complaint under this Policy shall not preclude a Complainant from pursuing a complaint in a separate legal forum; (4) a complaint involving a grade dispute shall proceed under this Policy when a student alleges that a grade was improper because of discrimination, discriminatory harassment, sexual violence or retaliation; and (5) all findings reached under this procedure must be based on a “preponderance of evidence” (i.e.; more likely than not) standard.

At any point during the formal complaint procedure, either party may request mediation by contacting the Affirmative Action Officer. The purpose of mediation is to resolve the dispute to the satisfaction of both parties. Mediation shall be mutually agreed upon by the parties. The Affirmative Action Officer, or designee, shall select an impartial mediator, who shall be mutually agreed upon and not unreasonably refused by either party, and inform the parties in writing of the mediation process and schedule. The mediator must have training or experience in mediating matters subject to this complaint process. Where practicable, a mediation session shall be conducted no later than thirty (30) days after agreed to by the parties. The timelines presented under the Complaint Procedure shall be tolled pending the outcome of mediation. If mediation is successful in resolving the complaint, the Affirmative Action Officer shall reduce to writing the terms of the mediated resolution, which shall be signed by the parties. The mediation process shall not be used in an effort to resolve allegations of sexual harassment or sexual violence. If mediation does not result in a resolution, all mediation discussions shall remain confidential and may not be used or introduced in this process or any other forum.

Step 1 – Affirmative Action Officer Investigation

When a Complainant believes that he/she has been discriminated against because of his/her race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity, genetic information, veteran status, maternity leave and/or subjected to sexual harassment, sexual violence, or retaliation , the Complainant may file a formal written complaint in writing with the Affirmative Action Officer. For student Complainants, a formal complaint may be filed within thirty (30) days following the end of the instructional period when the Complainant knew or should have known of the grievable act. For employee Complainants, a formal complaint may be filed within thirty (30) days from when the Complainant knew or should have known of the grievable act. The complaint shall contain a statement of all known facts pertaining to the alleged violation and shall be filed preferably on the Affirmative Action Discrimination Complaint Form (see Appendix A), which shall be available from the Affirmative Action Officer. If a student is involved, the Affirmative Action Officer shall notify the Vice President or Dean of Student Services.

During Step 1, the Affirmative Action Officer has the authority to seek to resolve the complaint through an administrative remedy. If the parties accept the administrative remedy proposed, its terms shall be reduced to writing, signed by both parties and the Affirmative Action Officer shall retain the document, with copies to the parties. Thereafter, the matter shall be considered resolved between the parties.

Upon receiving a written complaint, the Affirmative Action Officer will notify the Responding Party in writing, of the complaint (see Appendix B), and provide the Responding Party with a copy thereof. The timeliness of such notification shall be in accordance with the appropriate collective bargaining agreement, if applicable. The Responding Party shall have ten (10) days from receipt of notice to submit to the Affirmative Action Officer a written response to the complaint.

Where practicable, within thirty (30) days from the date the Respondent’s written response is received, or the date it was due if none was submitted, the Affirmative Action Officer shall conduct an investigation and prepare and issue a Report of Preliminary Findings to the parties. The investigation shall include, but is not limited to, an analysis of the allegations and defenses presented, consideration of all relevant documents, including materials presented by the parties, interviews of the parties and other individuals and/or witnesses, and/or reviewing certain documents or materials in the possession of either party that the Affirmative Action Officer has deemed relevant to the complaint. The Affirmative Action Officer’s report shall specify the investigation undertaken and summarize his/her preliminary findings. The report shall be delivered to the parties in hand or by certified mail. If the investigation is not completed within thirty (30) days, status updates shall be provided to the parties every thirty (30) days until its completion.

Thereafter, the parties will have ten (10) days from the date of their receipt of the Report of Preliminary Findings to submit Rebuttal Statements to the Affirmative Action Officer. The parties may present no new allegations at that time. Where practicable, within seven (7) days of receiving the parties’ Rebuttal Statements, the Affirmative Action Officer shall review the rebuttal Statements and prepare and submit a Report of Final Findings and Recommendations to the President’s Designee for consideration.

Step 2 – Review and Decision by the President’s Designee

Where practicable, within ten (10) days of receipt of the Affirmative Action Officer’s Report of Final Findings and Recommendations, the President’s Designee shall issue a written decision to the parties. The written decision shall accept, reject or modify the Affirmative Action Officer’s Final Findings and Recommendations. The Designee’s written decision shall be delivered in hand or by certified mail and shall include the Report of Final Findings and Recommendations. If the President is the Responding Party in an Affirmative Action Complaint, then the Chair of the College’s Board of Trustees shall designate a Board member(s) as Designee to administer Step 2 of the Complaint Process.

Step 3 – Appeal to President

A party who is not satisfied with the Designee’s written decision may file an appeal with the President within five (5) days of receiving the Designee’s decision. Where practicable, within five (5) days of receiving the appeal, the President shall issue a written decision accepting, rejecting or modifying the Designee’s decision. The President’s decision is final provided that any corrective action and/or discipline imposed is subject to applicable collective bargaining agreements.

If the President is the Responding Party in an Affirmative Action Complaint, then the Chair of the College’s Board of Trustees shall consider the appeal and issue the written decision.

Counseling Centers

  • BCC Personal Counseling, For BCC Students / Student Development Ctr., 413-236-1609
  • Brien Center, 333 East St., Pittsfield, MA, 413-499-0412
  • Brien Center, 124 Amer. Legion Dr., North Adams, MA, 413-499-0412
  • Main Street Human Resources, 60 Cottage St., Gt. Barrington, MA, 413-499-0412
  • Brien Family Center at BMC, 741 North St., Pittsfield, MA, 413-499-0412
  • Counseling Center in the Berkshires, 34 Depot St., Pittsfield, MA, 413-499-4090
  • Counseling Center in the Berkshires, 906 Main St., Williamstown, MA, 413-458-3279
  • Counseling Center in the Berkshires, 341 Main St., Gt. Barrington, 413-429-6612
  • Berkshire Center for Children & Families, 480 West St., Pittsfield, MA, 413-488-8281
  • Clinical & Support Options, 53 Eagle St., Pittsfield, MA, 413-236-5656
  • ServiceNet Outpatient Behavioral Health, 139–141 North St., Pittsfield, MA, 413-442-4003

Emergency Phones Locations

INTERIOR Emergency Phones

  • In the small entry corridors of each classroom or lab in the buildings of Hawthorne and Melville.

EXTERIOR Emergency Phones

Susan B. Anthony College Center

  • DOCK-E Outside Loading Dock (Back of SBA)
  • Field Administration Center
  • F-SBA-E Academic Advising Center

Hawthorne Hall

  • H-213-E Outside Room H213
  • H-207-E Outside Room H207 (Handicapped Door)
  • H-105-I Inside Near Elevator 1st Floor
  • H-111-I Inside Near Elevator 2nd Floor

Koussevitzky Arts Center

  • K - F - E Outside Front Lobby (East Door)
  • K-111-W Outside Rear Lobby (West Door)
  • K-118-SE Outside Southeast Door Near Library

Melville Hall

  • M-212-E Outside Room M212
  • M-236-E Outside Room M236 (Handicapped Door)
  • M-105-I Inside Near Elevator 1st Floor
  • M-110-I Inside Near Elevator 2nd Floor

Stanley Power Plant

  • Next to garage doors

Berkshire Community College is an affirmative action/equal opportunity institution and does not discriminate on basis of race, creed, religion, color, gender, gender identity, sexual orientation, age, disability, genetic information, maternity leave, military service, and national origin in its education programs or employment.

Policy Guide Updated September 2016