Overview & Definitions For Allegations Against Faculty

Policies and procedures can be confusing to navigate and we don’t expect you to be able to understand all of the complexity laid out on this page alone. If you have any questions, concerns, or are having a hard time understanding how to relate your experience to Institute policies, please reach out to idhr@mit.edu.

Students

The Mind and Hand Book is the official guide to MIT’s expectations of all undergraduate and graduate students. The Mind and Hand Book, Section II outlines standards of conduct including prohibitions on harassment, discrimination, and sex discrimination including sex-based harassment.

Staff and Faculty

MIT’s Policies & Procedures (P&P) set forth Institute-level policies and procedures that apply broadly to MIT faculty, other academic staff, research staff, non-academic staff, and, for some policies, to unpaid affiliates and other members of the MIT community. Institute policies on standards of conduct are found in Section 9; these include prohibitions on harassment, discrimination, racist conduct, retaliation, and violence against community members.

The complaint resolution process for complaints against faculty and staff is described in Policy 9.8. The process is available for any complaint by an MIT community member that an MIT faculty member, staff member, or postdoctoral scholar (fellow or associate) engaged in conduct that violates one of the following policies.

Definitions 

Administrative Complaint: A Complaint filed by the Institute Harassment & Discrimination Response Office that passes an Initial Assessment where: (1) An alleged policy violation is raised about an MIT student, staff member, or faculty member by a non-MIT community member; (2) The individual who was allegedly subjected to the reported conduct does not want to initiate an investigation process or serve as the Complainant; and where, in the judgment of IDHR, the concern warrants investigation and is feasible under the circumstances; or (3) IDHR receives multiple reports about the same or similar conduct, where, in the judgment of IDHR, the concern(s) warrants investigation as an Administrative Complaint.

Advisor: Both Complainants and Respondents have the right to select an advisor who may accompany the party throughout the Investigation Process. Advisors may not speak on the party’s behalf or otherwise interfere with meetings or proceedings. For further details on advisors please see Section 10.1 of the IDHR Investigation Guide. In matters involving staff and faculty Respondents, P&P, Section 9.8 governs who may serve as an advisor. For matters involving staff and faculty Respondents, advisors must be a member of the MIT community and may not be family members, subordinates, or attorneys. In matters involving student Respondents, COD Rules govern who may serve as an advisor. For matters involving student Respondents, advisors may be any person of their choice except a member of the media or an attorney. In Title IX matters, the parties may select an advisor of their choice, including an attorney.

Committee on Discipline (COD) Panel Meeting: A meeting with members of the COD who determine whether a policy has been violated.

Complainant: A Complainant is person who submits a Formal Complaint of Discrimination or Discriminatory Harassment or Formal Title IX Complaint.

Consent: MIT community members who engage in sexual behavior of any kind are expected to do so only with the effective consent of all parties involved. Doing otherwise constitutes sex-based harassment, including sexual assault, and is a violation of the sex-based harassment policy. See full definition of consent in the Mind and Hand Book.

Effective Consent is:

• informed;
• freely and voluntarily given;
• mutually understandable words or actions which indicate willing participation in mutually agreed upon sexual activity.

Further:

By definition, effective consent cannot be obtained by:

• unreasonable pressure, which can generally be understood as conduct that pressures another person to “give in” to sexual activity rather than to choose freely to participate; factors that may be considered include (1) the frequency, nature, duration, and intensity of the requests for sexual activity; (2) whether and how previous requests were denied; and (3) whether the person initiating the sexual activity held a position of power over the other person;
• emotional intimidation, which can include (1) overtly degrading, humiliating, and shaming someone for not participating in sexual activity; (2) blackmail; and (3) threats to reputation;
• physical intimidation and threats, which can be communicated by words or conduct, and physical force.

Effective consent cannot be obtained from someone who is incapable of giving consent for any reason, including when:

• the person has a mental, intellectual, or physical disability that causes the person to be temporarily or permanently unable to give consent;
• the person is under the legal age to give consent;
• or the person is asleep, unconscious, physically helpless, or otherwise incapacitated, including by alcohol or other drugs.

An individual violates this policy if the individual initiates and engages in sexual activity with someone who is incapacitated, and (1) the individual knew the other person was incapacitated, or (2) a sober reasonable person under similar circumstances as the person initiating the sexual activity would have known the other person was incapacitated.

For purposes of the sex-based harassment policy, silence and passivity do not signal consent.

There is no requirement that a person express non-consent or that they resist a sexual advance or request. For example, someone might not consent to sexual activity even though they do not say “no” or physically resist in any way. Physical or verbal resistance is evidence that there was not effective consent.

​A factor that may be considered when evaluating consent is whether, under similar circumstances as the person initiating the sexual activity, a sober reasonable person would have concluded that there was effective consent.

It is important for those who initiate sexual activity to understand that:

• even though someone gave effective consent to sexual activity in the past, that does not mean they have given effective consent to sexual activity in the future;
• even though someone gives effective consent to one type of sexual activity during a sexual interaction, that does not automatically mean they have given effective consent to other types of sexual activity;
• effective consent can be withdrawn at any time, and once a person withdraws effective consent, the other person must stop.

Effective consent is clearest when obtained through direct communication about the decision to engage in specific sexual activity. Effective consent need not be verbal, but verbal communication is the most reliable and effective way to seek, assess, and obtain consent. Nonverbal communication can be ambiguous. For example, heavy breathing or moaning can be a sign of arousal, but it can also be a sign of distress. Talking with sexual partners about desires, intentions, boundaries, and limits can be uncomfortable, but it serves as a strong foundation for respectful, healthy, positive, and safe intimate relationships.

Dating Violence: Dating violence is prohibited by MIT. It is defined as violence committed by a person: 

• Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
• Where the existence of such a relationship shall be determined based on a consideration of the following factors:
  1. The length of the relationship;
  2. The type of relationship; and
  3. The frequency of interaction between the persons involved in the relationship.

Dating violence can occur between persons of any gender identity, any sexual orientation, and it can occur in any type of intimate relationship including monogamous, non-committed, and relationships involving more than two partners.

Dating violence can take many forms. Examples include, but are not limited to, situations in which the following behaviors are directed toward a partner in a current or former intimate relationship: hitting, kicking, punching, strangling, or other violence; property damage; and threat of violence to one’s self, one’s partner, or the family members, friends, pets, or personal property of the partner.

Dating and Domestic Violence are prohibited by P&P, Section 9.5.1.2. MIT’s full definition of Dating Violence is published in the Mind and Hand Book, Section II: Intimate Partner Violence.

Domestic Violence: Domestic violence is prohibited by MIT. It is defined as a felony or misdemeanor crime of violence committed by a person who:

• Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of Massachusetts, or a person similarly situated to a spouse of the victim;
• Is cohabitating with, or has cohabitated, with the victim as a spouse or intimate partner;
• Shares a child in common with the victim; or
• Commits acts against a youth or adult victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

To be considered domestic violence, the relationship must be more than just two people living together as roommates.

Domestic violence can take many forms. Examples include, but are not limited to, situations in which the following behaviors are directed toward a partner in a current or former intimate relationship: hitting, kicking, punching, strangling, or other violence; property damage; and threat of violence to one’s self, one’s partner, or the family members, friends, pets, or personal property of the partner.

Dating and Domestic Violence are prohibited by P&P, Section 9.5.1.2. MIT’s full definition of Domestic Violence is published in the Mind and Hand Book, Section II: Intimate Partner Violence.

Faculty Panel: A panel of three tenured faculty members who determine whether there is a violation of a Conduct Policy when the Respondent is a faculty member, a senior research scientist, senior research engineer, or senior research associate. The three members serving on a particular Faculty Panel are selected from the pool of trained faculty members by the Associate Provost.

Formal Complaint: A document or an online form submitted to the Institute Harassment & Discrimination Response Office (IHDR) alleging a violation of one of the Conduct Policies.

A Formal Complaint should:

• State the name of the Respondent (if known);
• Describe with reasonable specificity the conduct the Complainant believes violated MIT policy, including, if applicable, the date, time, and location of the conduct (if known);
• Be in the Complainant’s own words, although the Complainant may have assistance in preparing the Formal Complaint and may attach relevant documentation;
• Contain the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the Formal Complaint.

Formal Title IX Complaint: A complaint of sex discrimination, including sexual harassment. A Formal Complaint of Title IX Sexual Harassment is a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that MIT investigate the allegation of sexual harassment. The Title IX Formal Complaint must contain the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the Formal Complaint.

Incapacitation: Incapacitation is the physical and/or mental inability to make informed, rational judgments and decisions. Someone is incapacitated if they are asleep or unconscious. Someone can also be incapacitated by alcohol or other substances. Incapacitation is not determined by technical or medical definitions. The question is whether a person has the physical and/or mental ability to make informed, rational judgments and decisions.

Where alcohol and/or other substances are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. Incapacitation is a state beyond drunkenness or intoxication, and a person is not incapacitated merely because they have been drinking and/or using drugs. An inability to remember events is not sufficient to demonstrate incapacitation, as a person may be able to make and act on a considered decision to engage in sexual activity, but not remember having done so.

Because the impact of alcohol and other substances varies from person to person, one should be cautious before engaging in sexual contact or intercourse when either person has been drinking alcohol or using other drugs. The use of alcohol or other drugs may create ambiguity about consent. It is especially important, therefore, that anyone initiating sexual activity is aware of their own level of intoxication as it may impact their ability to assess another person’s capacity to give consent. Being intoxicated or impaired by drugs or alcohol does not excuse one from the responsibility to obtain consent. Being intoxicated or impaired by alcohol and/or other substances is never an excuse to commit sexual misconduct. If there is any doubt about either party’s level of intoxication, the safe thing to do is to forgo all sexual activity.

Although each individual is different, there are some common and observable signs that someone is incapacitated or approaching incapacitation, including, but not limited to, slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, or incontinence. A person may appear to be giving consent but may not have the capacity to do so. When determining whether a person has the capacity to provide consent, the Institute will consider whether a sober, reasonable person in the same position knew or should have known whether the other party could or could not consent to the sexual activity. A Respondent’s impairment at the time of the incident as a result of alcohol and/or other substances does not diminish the Respondent’s responsibility for violations of the Institute’s sex-based harassment policies.

Preponderance of the Evidence: The evidentiary standard used when making findings of fact. Preponderance of the evidence is proof by information that, compared with the information opposing it, leads to a conclusion that the fact at issue is more probably true than not.

Protected Class: An individual’s actual or perceived race, color, sex, sexual orientation, gender identity, pregnancy or related conditions, religion, disability, age, genetic information, veteran status, or national or ethnic origin.Quid pro quo harassment is prohibited by MIT. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the Institute’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Quid Pro Quo Harassment: Quid pro quo harassment is prohibited by MIT. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the Institute’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Respondent: The person who is alleged to have violated one of the Conduct Policies.

Retaliation: Retaliation is any adverse action, including intimidation, discrimination, harassment, threats, coercion or other conduct that would discourage a reasonable person from making a report or participating in a complaint review process. MIT’s non-retaliation policy protects those who report an incident, file a complaint, or otherwise raise a concern about a policy violation or other wrongdoing; these individuals are sometimes called whistleblowers. The non-retaliation policy also protects those who review or investigate a complaint or concern; serve as a witness, provide background, or otherwise participate in the review or investigation of a complaint or concern (or who choose not to); or who make decisions or recommendations about policy violations or sanctions in any of the Institute’s complaint resolution procedures. Retaliation may occur even where there is no finding of a policy violation, and a complaint of retaliation may be addressed independently through MIT’s complaint resolution process.

Sexual Assault: Sexual assault is prohibited by MIT. It is defined as a physical sex-based act directed against another person, without that person’s effective consent. Sexual assault can occur between individuals of the same or different sexes and/or genders. Sexual assault includes without limitation an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (FBI).

Sex offenses under the uniform crime reporting system of the FBI are:

• Rape (Except Statutory Rape)—The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity
• Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity
• Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity
• Fondling—The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity
• Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent

Sexual Exploitation: Sexual exploitation is prohibited by MIT. It is defined as taking sexual advantage of someone without consent, or violating someone’s sexual privacy without consent, and includes, but is not limited to: 

• Providing alcohol or other drugs to someone without that person’s knowledge, or unreasonably pressuring the person to consume alcohol or drugs, with the purpose of causing incapacitation in order for one to take sexual advantage of the person.
• Recording, photographing, transmitting, or allowing another to view sex-based images, videos, or similar media involving another person or their likeness.
• Allowing third parties to observe private sexual acts.
• Voyeurism, including by electronic means.
• Indecent exposure.
• Knowingly or recklessly exposing another person to a significant risk of sexually transmitted infection, including HIV, without their knowledge.

Sexual Harassment: Unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature that is is sufficiently severe or pervasive that a reasonable person would consider it intimidating, hostile or abusive and it adversely affects an individual’s educational, work, or living environment.    

Stalking: Stalking, whether or not sexual in nature, is prohibited by MIT. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress.

Stalking can take many forms. Examples include, but are not limited to, two or more instances of the following conduct (that also meet the definition of stalking above): following a person; appearing at a person’s home, class, or work; continuing to contact a person after receiving requests not to; leaving written messages, objects, or unwanted gifts; vandalizing a person’s property; photographing a person; and other threatening, intimidating or intrusive conduct. Stalking may also involve the use of electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices (often referred to as cyber-stalking). Such conduct may include, but is not limited to, non-consensual communication, telephone calls, voice messages, emails, texts, letters, notes, gifts, or any other communications that are repeated and undesired.

Title IX Sexual Harassment: Although MIT broadly prohibits sexual harassment and other forms of sexual misconduct as described in Policies and Procedures, Section 9.5 and in the Mind and Hand Book, federal Title IX Regulations impose a legal obligation on MIT to apply specific processes when it has knowledge of a report of certain categories of sexual misconduct, defined below and referred to as “Title IX Sexual Harassment.” Title IX Sexual Harassment means:

Conduct on the basis of sex that satisfies one or more of the following:

1. An employee of MIT conditioning the provision of an aid, benefit, or service of MIT on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to MIT’s education program or activity; or
3. “Sexual assault,” “dating violence,” “domestic violence,” or “stalking,” as defined by federal law and set out on the Institute Discrimination and Harassment Response (IDHR) website. 

MIT must follow the specific processes cited below when it receives a formal complaint of Title IX Sexual Harassment and where all of the following apply:

1. At the time of filing a formal complaint, the Complainant was/is participating in or attempting to participate in the education program or activity at MIT;
2. The alleged conduct occurred in an education program or activity controlled by MIT; and
3. The alleged conduct occurred against a person in the United States.

Conduct at Conferences

Please note that the Institute expects the conduct of attendees at conferences sponsored by MIT or held on the MIT campus to be consistent with the following policies:

• Nondiscrimination (Section 9.4)
• Harassment (Section 9.5)
• Violence against Community Members (Section 9.6)
• Retaliation (Section 9.7)

Please report any concerns to IDHR at idhr@mit.edu or via our online reporting form.