Human Resources: Sexual Harassment Policy
Prohibition Against Sexual Harassment
The Massachusetts State Colleges prohibit
any member of the College community, male or female, from sexually
harassing another employee, student or other person having dealings
with the institution. The Colleges are committed to providing a
working, living and learning environment that is free from all forms
of sexually abusive, harassing or coercive conduct. This Policy
seeks to protect the rights of all members of the College community
(faculty, librarians, administrators, staff and students) and other
persons having dealings with the institutions, to be treated with
respect and dignity.
Sexual harassment is a form of behavior, which fundamentally undermines
the integrity of academic and employment relationships. It is of
particular concern within educational institutions where all members
of the community, including students, faculty, librarians, staff
and administrators, are connected by strong bonds of intellectual
interdependence and trust. Both the Federal Courts and the Equal
Employment Opportunity Commission have ruled that sexual harassment
constitutes sex discrimination as defined under Title VII of the
Civil Rights Act of 1964. Sexual harassment has also been judged
to be prohibited sex discrimination under Title IX of the Higher
Education Amendments of 1972 as amended, and under Chapters 151B
and 151C of the Massachusetts General Laws.
Definition and Description of Sexual Harassment
The Massachusetts State Colleges, in response to the issue of sexual
harassment, provide the following definition that applies to any
individual of either sex who participates in the College community
as a student, faculty member, librarian, administrator, staff member
or other person having dealing with the institution:
Sexual harassment consists of unwelcome verbal, non-verbal
and/or physical behavior of a sexual nature, which has the effect
of interfering with a person's academic, employment or other status,
or of creating a sexually intimidating, hostile or offensive environment.
Sexual harassment incidents can involve a male harasser and a female
victim, a female harasser and a male victim, and also same gender
harassment.
Unwelcome sexual advances, requests for sexual favors
and other verbal or physical conduct of a sexual nature constitute
sexual harassment when:
Submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment or
education; Submission to, or rejection of, such conduct by an individual
is used as a basis for academic or employment decisions affecting
that individual; Such conduct has the purpose or effect of substantially
interfering with an individual's academic or professional performance
or creating a sexually intimidating, hostile or offensive employment,
educational or living environment.
Examples of sexual harassment may include, but are not limited
to:
- Verbal harassment or abuse
- Subtle pressure for sexual activity
- Sexual remarks about an individual's or group's clothing, body
or sexual activities
- Unnecessary touching, patting or pinching
- Demands for sexual favors accompanied by implied or overt threats
or offers concerning one's job, grades, letter of recommendation,
etc.
- Physical sexual assault
Consensual Relationships
Under this Policy of the Massachusetts State Colleges, consenting
romantic and sexual relationships between faculty and student, librarian
and student, administrator and student, classified staff member
and student or supervisor and employee are deemed unprofessional.
Because such relationships interfere with or impair required professional
responsibilities and relationships, they are looked upon with disfavor
and are strongly discouraged under this
Policy.
Codes of Ethics for most professional associations forbid professional-client
sexual relationships. In this context and for purposes of this policy,
the professor-student relationship is properly regarded as one of
professional and client. The respect and trust accorded a professor
by a student, as well as the power exercised by the professor in
giving praise or blame, grades, recommendations for further study
and employment, and other benefits or opportunities diminish the
student's actual freedom of choice such that relationships thought
to be consensual may in fact be the product of implicit coercion.
Many elements of the administrator-student, librarian-student, classified
staff member-student and the supervisor-employee relationship are
similar to those of the professor-student relationship because of
a similar imbalance of power and a similar need for trust. For purposes
of this Policy, therefore, these relationships are also discouraged
and looked upon with disfavor.
Faculty, librarians, administrators, classified staff members and
supervisors are warned against the dangers of apparently consensual
relationships. A faculty member, librarian, administrator, or classified
staff member who enters into a romantic or sexual relationship with
a student, or a supervisor who enters into such a relationship with
an employee, where a power differential exists, must realize that,
if a charge of sexual harassment is subsequently lodged, it will
be exceedingly difficult to disprove the claim on the grounds of
mutual consent. Because that is so, it should be understood that
relationships of this kind pose serious professional risks
to any who enter into them.
Institutional Measures to Confront Sexual Harassment
Whenever it has been properly determined that sexual harassment
has occurred, the College will take prompt and corrective action
including appropriate disciplinary action. In determining whether
the alleged conduct constitutes sexual harassment, the College will
look at the entire record and the circumstances, such as the nature
of the sexual conduct and the context in which the alleged incidents
occurred and will make a decision on a case-by-case basis. The Colleges
are committed to promoting, to the greatest degree possible, an
environment free from sexual harassment. To this end, the Colleges
will take the following steps:
Distribute annually the policy statement against sexual harassment
to all segments of the College community.
Conduct educational programs for the College community regarding
the causes, character and consequences of sexual harassment as well
as the steps available to stop such practices on the campus.
Institutional Complaint Procedures
The Massachusetts State Colleges have established specific internal
complaint procedures to help resolve claims and complaints of discrimination
on the campus. These procedures will also specifically address claims
and complaints of sexual harassment. The Colleges' Discrimination
Complaint Procedures will serve as a system of review
and resolution for both informal claims and formal
complaints of sexual harassment in hiring and employment.
Any member of the College community or any applicant for employment
who believes she/he has been a victim of discrimination may initiate
an informal claim or formal complaint as outlined in the College's
Discrimination Complaint Procedures. Further advice
or information may be obtained by contacting the Human Resources & Affirmative Action Office.
Retaliatory Action Prohibited
The College prohibits retaliatory action
against persons who file claims, complaints or charges under these
procedures, under applicable local, state or federal non-discrimination
statutes, who are suspected of having filed such claims, complaints
or charges, who have assisted or participated in an investigation
or resolution of such claims, complaints or charges, or who have
protested practices alleged to be violative of the non-discrimination
policy of the College, the Higher Education Coordinating Council,
or local, state or federal non-discrimination regulation or statute.
Such retaliation is cognizable under these procedures as well as
under state and federal law. Retaliation, even in the absence of
provable discrimination in the original complaint, Charge or allegation,
constitutes a violation as serious as proven discrimination under
the original claim, complaint, charge or allegation. Any person
who believes she/he has been retaliated against in this manner is
encouraged to immediately file a claim or complaint under these
procedures.
Other Administrative Options
It is the intent of the administration of each of the Colleges
to actively respond to all claims/complaints of discrimination with
the hope that it can fully, quickly and adequately resolve them
internally. Each College also recognizes the right of all complainants
to file charges of unlawful discrimination with the appropriate
federal, state or local agency with or without first pursuing a
resolution of the claim/complaint through the College's discrimination
complaint procedures. These agencies include;
Massachusetts Commission
Against Discrimination
One Ashburton Place
Boston , MA 02108
U.S. Equal Employment
Opportunity Commission
One Congress Street - 10 th Floor
Boston , MA 02108
United State Department of Education
Office for Civil Rights
33 Arch St.
9th Floor
Boston , MA 02110
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