Students Rights

Designated staff and faculty members who are appointed by the Dean of Students or their designee to assist students through the conduct process. Advisors are trained by Student Conduct and Community Standards staff in the conduct process, but they function as independent advisors for students. Advisors may confer with their advisees but may not actively participate in the conduct process by offering information on behalf of the student.

A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions if those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

The following six principles, along with the above definition, will be used to evaluate whether affirmative consent was given.

1. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Consent may be initially given but withdrawn at any time.
4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
6. When consent is withdrawn or can no longer be given, sexual activity must stop.

Any conduct or communication motivated by hatred or prejudice that demeans, degrades, or harasses an individual or group based upon membership in a protected category as recognized by law or Clark University policy, including race, color, national or ethnic origin, ancestry, religion, sex, sexual orientation, gender identity, gender expression, age, genetics, physical or mental disability, and veteran or other protected status. Examples include targeting a group or individual, in person or electronically, with hateful conduct that interferes with a person’s educational experience or employment, as well as acts of vandalism or graffiti. A bias incident may or may not involve violations of University policies or state or federal law.

A team of administrators and faculty committed to proactively responding to bias incidents.

Days that University offices are open for business (excluding weekends). Class days and business days may not correspond.

This may only be offered by some individuals — specifically those who are not required by law to report known incidents of sexual assault or other crimes to University officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092 and 20 U.S.C. 1681. Licensed mental health counselors, medical providers, and pastoral counselors are examples of University employees who may offer confidentiality.

A communication, from at least one identified individual to another identified individual, that creates or implies a significant risk of substantial harm to the health or safety of another person.

Any form of sale, exchange, or transfer, regardless of whether money was involved.

People associated with each other but who have not complied with University requirements for recognition as an organization.

As defined by Massachusetts General Laws Chapter 22C, Section 32, “any criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted, or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender, or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation, or coercion, or which seeks to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation.” For purposes of this protocol, all hate crimes are considered a form of bias incident.

Chapter 265 Crimes Against the Person – Section 39 states in relevant part that it is illegal to commit a crime against one’s person or property with the intent to intimidate such person because of such person’s race, color, religion, national origin, sexual orientation, or disability.

A formal process conducted by the University Hearing Board or other appropriate hearing officer or body. This formal process is designed to gather and consider relevant information regarding a possible violation of the Student Code of Conduct and to determine sanction(s), if appropriate.

Individuals or groups who believe or perceive that they have been the victim of a bias incident and/or hate crime. Any individual or group can be targeted.

Any faculty, full-time employee, part-time employee, or student employee authorized to issue directions in a given situation.

Any object or substance designed to wound, cause injury, or incapacitate persons or animals or damage property, including, but not limited to, firearms, ammunition, explosives, other lethal weapons, and chemicals such as Mace and tear gas. Within the provisions of Massachusetts G.L. c. 140, § 131M: Unlawful Possession of an Assault Weapon or Large Capacity Feeding Device, firearms and other dangerous weapons include, without limitation, ability club, blackjack or bludgeon, cane/sword, chukka stick, pistol, revolver, rifle, shotgun, machine gun, switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, electronic dart gun, Kung Fu star, electronic stun gun, metal knuckles, sandbag, sand club, wrist-brace type slingshot or slingshot, dagger, dangerous knife, imitation pistol, or any other instrument or weapon. Also included are air guns, spring guns, or any other instrument or weapon in which the propelling force is a spring, air, piston, or carbon dioxide cartridge. A harmless instrument designed to look like a firearm, explosive, or other weapon is expressly included within the meaning of weapon.