SEXUAL HARASSMENT POLICY 

LEGAL DEFINITION

Sexual harassment of a student, an employee, or any other person in the college is unacceptable, impermissible, intolerable, and punishable under law.  It is also unlawful to retaliate against anyone for filing a complaint of sexual harassment.       

Sexual harassment is a form of sex discrimination.  It occurs in a variety of situations that share a common element:  the inappropriate introduction of sexual activities or comments into the work or learning environment.  There are two types of sexual harassment.

TYPES OF HARASSMENT

Quid pro quo harassment is defined in Massachusetts General Law, Chapter 151 B as: sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly as a term or condition of employment or as a basis for academic/employment decisions.   Quid pro quo harassment occurs when an employee/instructor with authority or control over the terms and conditions of another employee’s work or a student’s academic performance offers him/her a benefit or advantage in exchange for sexual favors or gratification.  Conversely, if a student/employee is denied an academic/work benefit or advantage due to his/her refusal to respond to, or rejection of, requests for sexual favors or gratification, then he/she was subjected to quid pro quo harassment. 

The second form of sexual harassment is hostile classroom/work environment harassment, of which is defined in Chapter 151B as:  sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature…such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s classroom/work performance by creating an intimidating, hostile, humiliating or sexually offensive academic/work environment.   

The law does not prescribe all conduct of a sexual nature.  Only unsolicited and unwelcome conduct may create a hostile work environment.  

EXAMPLES OF SEXUAL HARASSMENT

For general purposes, sexual harassment may be described as unwelcome advances, requests for sexual favors, and other physical conduct and expressive behavior of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; (2) submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance and/or creating an intimidating, hostile, or demeaning employment or educational environment. 

Under these definitions, direct or implied requests by an instructor/supervisor for sexual favors in exchange for actual or promised academic/job benefits such as favorable grades, reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. The legal definition of sexual harassment is broad and in addition to the examples previously stated, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place/academic environment that is hostile, offensive, intimidating, or humiliating to male or female workers, may also constitute sexual harassment. While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness: 

• Unwelcome sexual advances - whether they involve physical touching or not;

• Dissemination of sexually explicit voice mail, e-mail, graphics, downloaded material or websites;

• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comments on an individual’s body, comments about an individual’s sexual activity, deficiencies, or prowess;

• Displaying sexually suggestive objects, pictures, cartoons;

• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;

• Inquiries into one’s sexual experiences; and,

• Discussion of one’s sexual activities.

CONSENSUAL RELATIONSHIPS

Under this policy, 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 strongly discouraged by this policy. 

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 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.  

LEGAL REFERENCES

Sexual harassment is expressly forbidden by federal and state regulations and action by the federal government has established that such behaviors are actionable under the provisions of Title VII of the 1964 Civil Rights Act and the Civil Rights Act of 1991, the provisions of Title IX of the 1972 Educational Amendments and under Massachusetts General Law, Chapter 151B, Sections 3A, 4(1), and 16A. 

COMPLAINT PROCEDURES

In keeping with these regulations, a concerted effort will be made to protect employees, students, and others from sexual harassment as defined. If an incidence should arise, retaliation is unlawful against the victim or those who cooperate in the investigation of a sexual harassment complaint. The final authority and ultimate responsibility for the prevention of sexual harassment will rest with the President. The President will take all reasonable measures to prevent sexual harassment and will act promptly to investigate the alleged harassment and to effect remedy when an allegation is determined to be valid. However, the Director of Human Resources/Affirmative Action Officer will have the responsibility for the overall development, administration, and monitoring of all programs, policies, procedures, and regulations related to sexual harassment.  

Complaints about sexual harassment should be communicated orally or registered formally with the Director of Human Resources/Affirmative Action Officer, extension 4530. 

POLICY DISSEMINATION

The College’s policies and complaint procedures on sexual harassment are well publicized to students and employees; these policies and procedures are detailed in student handbooks and employee pamphlets. All employees will be given a copy of the College policy on sexual harassment on or before November 15th, on an annual basis. New employees will receive a copy at the onset of their employment.  In addition to formal procedures, the College shall insure that appropriate opportunities are available to students and employees to obtain counseling concerning their rights under the law and effective means of informally resolving grievances.  

COMPLAINT PROCESS

When employees or students feel their equal opportunity rights have been breached, the complaint process is a mechanism for resolution. When a complaint is filed, it will be promptly investigated in a fair and expeditious manner. A neutral investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation will include a private interview with the person filing the complaint, with any witnesses, and with the person alleged to have committed the sexual harassment. When the investigation is completed to the extent appropriate, the person filing the complaint and the person alleged to have committed the conduct will be informed of the results of the investigation. If it is determined that inappropriate conduct occurred, prompt action to eliminate the offending conduct will occur, and where appropriate, disciplinary action will be imposed. 

The informal process will encourage the affected person to discuss the concern or breach with any involved College official who may be helpful in resolving the matter. The College official may be the Human Resources Director/Affirmative Action Officer and/or her designee, an Assistant/Associate Dean, a counselor, a supervisor, or any other official who might help the affected person with an informal resolution. The purpose of the informal grievance process is to allow for misunderstandings to be aired and resolved and to provide an opportunity for the aggrieved person and the alleged perpetrator to attempt to resolve the concern prior to the formal grievance process. 

FORMAL COMPLAINT PROCESS

Any employee or student, who believes that the College’s Affirmative Action/Equal Employment Opportunity Commission (AA/EEOC) Policy has been breached in its application to him/her, may institute a formal complaint. The formal complaint procedure for employees contains four steps, all of which are listed in the Commonwealth of Massachusetts Community College Affirmative Action Plan. The Affirmative Action Plan is available in the Human Resources office, extension 4530.  Students may also seek guidance, advice and assistance for the Dean of Academic and Student Affairs, extension 4596, or a designee thereof.   

POSSIBLE COMPLAINT PENALTIES

If it is determined that inappropriate conduct has been committed by an employee or student, appropriate action will be taken. Such action may range from counseling to termination from employment or student status, and may include such other forms of disciplinary action as deemed appropriate under the circumstances. In addition to the College’s grievance process, if an employee or student has been subjected to sexual harassment, a formal complaint may be filed with either or both of the government agencies listed at the end of this notice.  

Using the College’s informal or formal complaint processes does not prohibit an employee or student from filing a complaint with these agencies. Each of the agencies has a deadline for filing claims: EEOC – 180 or 300 days depending on the applicable period; MCAD - 300 days from the date of the most recent incident. 

FEDERAL and STATE AGENCIES 

1.     The United States Equal Employment Opportunity Commission (EEOC)

John F. Kennedy Federal Building
Room 475
Government Center
Boston, MA  02203
(617) 565-3200 or (800) 669-4000 

2.     The Massachusetts Commission Against Discrimination (MCAD)

Boston Office:
One Ashburton Place-Room 601
Boston, MA  02108 
(617) 994-6000