Lesley University respects the dignity of every individual and expects employees (faculty, adjunct faculty, staff, and contract employee) and students to respect all colleagues, students, vendors, and guests. The University aims to provide an environment that is free of discrimination and harassment, including sexual harassment and sexual violence. Unlawful discrimination and harassment are not tolerated.
Unlawful discrimination and harassment undermine the basic principles of the Lesley community. Accordingly, Lesley forbids discriminating or harassing conduct that is based on an individual's race, color, religion, sex, ethnicity, national origin or ancestry, age, physical or mental disability, sexual orientation, gender identity, gender expression, genetic information, veteran or military status, membership in Uniformed Services, and all other categories protected by applicable state and federal laws.
Discrimination on the basis of sex is unlawful under several federal and state laws, including Title IV and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Massachusetts General Laws, Chapter 151B, § 4, Massachusetts General Laws Chapter 151C, § 2, and Massachusetts General Laws, Chapter 214, § 1C, and is strictly prohibited by Lesley.
Sexual harassment, including sexual violence, is a form of sex discrimination that is illegal under federal and Massachusetts laws.
Sexual violence is a form of sexual harassment. Sexual violence committed by students or employees, whether on or off campus, or by any individual on Lesley's campus or within its programs or activities, violates this policy. State and federal laws also provide criminal penalties for those convicted of acts of sexual violence.
Definitions of Discrimination, Harassment, Sexual Harassment, and Sexual Violence:
Discrimination is defined as treating an individual differently in the terms or conditions of his or her employment or education on the basis of his or her race, color, religion, sex, ethnicity, national origin or ancestry, age, physical or mental disability, sexual orientation, gender identity, gender expression, genetic information, veteran or military status, membership in Uniformed Services, and all other categories protected by applicable state and federal laws.
Harassment is defined as verbal or physical conduct such as bullying, discriminatory treatment, or other conduct directed toward an individual's race, color, religion, sex, ethnicity, national origin or ancestry, age, physical or mental disability, sexual orientation, gender identity, gender expression, genetic information, veteran or military status, membership in Uniformed Services, and all other categories protected by applicable state and federal laws, that has the purpose or effect of:
- Humiliating or intimidating an individual;
- Impeding or interfering with academic status, academic performance, education, work status, or work performance;
- Creating an intimidating, offensive, or hostile environment in the residential hall, learning environments such as the classroom, work environment, or cyber environment; and/or
- Interfering with an individual's participation in the University community.
Sexual harassment is a form of harassment defined as unwelcome sexual advances, requests for sexual favors and all other verbal or physical conduct of a sexual nature when:
- Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual's academic advancement, employment, or participation in Lesley's programs or activities;
- Submission to, or rejection of, such conduct by an individual is used as a basis for academic or employment decisions affecting such individual, or decisions affecting such individual's participation in Lesley's programs or activities; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work, academic performance, education, or participation in Lesley's programs or activities, or of creating an intimidating, hostile, or offensive environment in which to learn or work.
Sexual harassment may occur regardless of the intention of the person engaging in the conduct. Sexual harassment may occur regardless of whether the individuals involved are of the same or a different sex.
While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct which may, depending upon the circumstances, constitute sexual harassment:
- Sexual advances – whether they involve physical touching or not.
- Requests or demands for sexual favors accompanied by implicit or explicit promised rewards or threats concerning an individual's admission, advancement, academic decisions, grades, job benefits, evaluations and reviews, salary, promotions, health and welfare benefits or continued employment.
- Unwelcome jokes, verbal abuse, comments, conduct, or innuendo of a sexual nature.
- Use of sexual epithets, verbal or written references to sexual conduct, gossip regarding an individual's sex life, or comments concerning an individual's body, sexual activity, deficiencies, or prowess.
- Displaying sexual objects, pictures, or cartoons.
- Offensive, suggestive, or obscene letters, notes, emails, and invitations of a sexual nature.
- Leering, patting, grabbing, pinching, and brushing against the body, sexual gestures, or suggestive or insulting comments.
- Inquiries into an individual's sexual activities.
- Assault or coerced sexual acts.
Romantic or sexual relationships between individuals who are also in an employment, academic, or professional relationships are inherently problematic, and in some cases are prohibited. For detailed information, please refer to Lesley University's Unequal Consensual Relationships Policy.
Sexual violence is a form of sexual harassment defined as sexual contact that occurs without the effective consent of an individual involved. Effective consent cannot be given by minors, those who are incapacitated as a result of drugs or alcohol, or those who are incapacitated or unconscious. An individual may also be unable to give consent due to an intellectual or other disability.
While it is not possible to list all circumstances that may constitute sexual violence, the following are some examples of conduct which may, depending upon the circumstances, constitute sexual violence:
- Unwanted physical touching
- Sexual assault (the threat of violence)
- Sexual battery (physical violence such as bruising or forceful detainment)
- Sexual coercion (harassment, bullying, or coercion of a sexual nature)
- Rape or coerced sexual acts (non-consensual penetration of any kind)
Sexual violence may occur regardless of the intention of the person engaging in the conduct. Sexual violence may occur regardless of whether the individuals involved are of the same or a different sex.
As used in this policy, the term sexual violence is broader than the statutory definitions for the crimes of sexual assault, sexual battery, sexual coercion, and rape which is also prohibited by this policy. Consequently, a person found not guilty of a crime of sexual violence, such as rape, could still be found to have violated Lesley's policy against sexual violence.
Who can submit a complaint and against whom may a complaint be submitted?
A discrimination or harassment complaint may be submitted by any employee, any student, his or her parent, or a third party may file a complaint under Lesley's Complaint Resolution Procedures. A complaint may be filed against anyone – employee against employee, student against student, student against faculty, employee against a person outside the University or student against a person outside the University.
Reporting an Incident:
Any manager who witnesses or receives a complaint of discrimination or harassment must immediately contact any of the University officers listed below.
Any student who witnesses discrimination or harassment must immediately contact any of the University officers listed below or any member of the office of Residential Life, coaches, athletic director, or any member of the Dean of Student Life and Academic Development staff.
Any student who believes that he or she has been subject to discrimination or harassment should contact any of the University officers listed below or any member of the office of Residential Life, coaches, athletic director, or any member of the Dean of Student Life and Academic Development staff.
Any employee who witnesses discrimination or harassment must immediately contact any of the University officers listed below or anyone in a managerial position, e.g., Chair, Division Director, Dean, Supervisor, Manager, Department Head, Director, or Vice President.
Any employee who has been subject to discrimination or harassment should contact any of the University officers listed below or anyone in a managerial position, e.g., Chair, Division Director, Dean, Supervisor, Manager, Department Head, Director, or Vice President.
Report an Incident to any one of these Lesley University Officers:
Dr. Barbara J. Addison Reid
Director of Equal Opportunity and Inclusion/Title IX Coordinator
Office of the President
29 Everett Street
Cambridge MA 02138
617.349.8507
Email: baddison@lesley.edu
Email: equalopportunity@lesley.edu
Ms. Jane Joyce
Director of Human Resources
29 Everett Street
Cambridge MA 02138
617.349.8785
Email: ajoyce3@lesley.edu
Dr. Nathaniel Mays
Dean of Student Life and Academic Development
29 Everett Street
Cambridge MA 02138
617.349.8538
Email: nmays@lesley.edu
If the complaint is against one of the three designated University officers listed in this policy, the complaint may be initiated with one of the other officers listed.
Reports of discrimination and harassment may also be made to:
Lesley University Public Safety Department at telephone number 617.349.8888.
Reports of sexual violence may also be made to:
Cambridge Police at telephone number 911.
Lesley University encourages everyone to report discrimination and harassment immediately; delayed reporting may diminish the University's ability to investigate and respond effectively to the report.
Manager Responsibility:
Any manager who witnesses or receives a complaint of discrimination or harassment must immediately contact any of the University officers listed above.
Accordingly, a manager's failure to report discrimination or harassment may warrant disciplinary action, up to and including dismissal from employment at the University. A manager's failure to report may also lead to personal liability under law.
Student and Employee Responsibility:
Everyone at Lesley University has the responsibility to ensure that our environment is free from discrimination and harassment. We expect members of our community to avoid any behavior that could reasonably be interpreted as discriminatory or harassing, and to report any observations of discrimination or harassment.
Any student who witnesses discrimination or harassment must immediately contact any of the University officers listed above or any member of the office of Residential Life, coaches, athletic director, or any member of the Dean of Student Life and Academic Development staff.
Any student who believes that he or she has been subject to discrimination or harassment should contact any of the University officers listed above or any member of the office of Residential Life, coaches, athletic director, or any member of the Dean of Student Life and Academic Development staff.
Any employee who witnesses discrimination or harassment must immediately contact any of the University officers listed above or anyone in a managerial position e.g., Chair, Division Director, Deans, Supervisor, Manager, Department Head, Director, or Vice President.
Any employee who has been subject to discrimination or harassment should contact any of the University officers listed above or anyone in a managerial position e.g., Chair, Division Director, Deans, Supervisor, Manager, Department Head, Director, or Vice President.
Investigation of Complaints and Corrective Action:
When Lesley receives a complaint, we are obligated by law to investigate the matter, and we will promptly, thoroughly, and impartially investigate complaints in a fair and expeditious manner. For detailed information on the procedure, please refer to Lesley University's Complaint Resolution Procedures.
All academic, educational extracurricular, athletic and other programs held in Lesley facilities, on a bus or in a van, in a class or training program sponsored by Lesley at another location or elsewhere requires Lesley to respond regardless of whether the sexual harassment or sexual violence occurs on or off school grounds or inside or outside Lesley's educational programs or activities.
Lesley must process a complaint promptly, thoroughly, and impartially. Lesley must investigate to determine what occurred and then take appropriate steps to resolve the situation. A Title IX investigation is different from any law enforcement investigation and a law enforcement investigation does not relieve the school of its independent Title IX obligation to investigate the conduct.
The University takes steps to prevent the recurrence of any discrimination or harassment and to correct its effects on the complainant and others, as appropriate.
As described in more detail in the Complaint Resolution Procedures, during an investigation, the University may decide to take interim safety measures, such as involuntary removal and no contact orders, or to take other restorative and preventative measures, such as education, training, monitoring, counseling, etc.
Duty of Good Faith:
Lesley University prohibits any member of the Lesley community from knowingly or recklessly bringing a false complaint against another member of the Lesley community. Any such action can lead to disciplinary action, up to and including dismissal from the University or dismissal from employment with the University.
Protection Against Retaliation:
Retaliation is unlawful. Lesley University does not permit retaliation against any individual who makes a report pursuant to this policy or who cooperates in the investigation of such reports.
Any student found to be engaging in retaliation will be subject to disciplinary action, up to and including dismissal from Lesley University.
Any employee found to be engaging in retaliation will be subject to disciplinary action, up to and including dismissal from employment at Lesley University.
Confidentiality:
Reasonable efforts are be made to protect the privacy and confidentiality of all parties during the investigation without compromising the thoroughness of the investigation or fairness to the parties, and consistent with and subject to the University's need to investigate the complaint and/or implement any disciplinary action. Lesley will take reasonable steps to investigate and respond to the complaint consistent with a complainant's request for confidentiality or request not to pursue an investigation. If a complainant insists that his/her name or other identifiable information not be disclosed to the alleged perpetrator, Lesley will inform the complainant that Lesley's ability to respond may be limited.
Lesley may weigh the request for confidentiality against the seriousness of the alleged harassment; the complainant's age; whether there have been other complaints about the same alleged harasser; and the alleged harasser's rights to receive information about the allegations. Lesley will inform the complainant if it cannot ensure confidentiality.
State and Federal Remedies:
Students and employees are encouraged to report claims internally. However, individuals may choose to file a complaint with the government agencies set forth below.
Massachusetts Commission Against Discrimination (MCAD)
One Ashburton Place, Room 601, Boston MA 02108
617.727.3990
The United States Equal Employment Opportunity Commission (EEOC)
One Congress Street, Room 1001, Boston MA 02114
617.565.3200
Office of Civil Rights ("OCR") - Boston Office
US Department of Education, 9th Floor, 5 Post Office Square, Boston, MA, 02109-3921
Please note that the timing and conditions of the University's investigation may be affected by external factors beyond its control, including lawsuits and investigations by law enforcement agencies.
As noted earlier in the policy, you may also contact the police.
Lesley University is an equal opportunity, affirmative action educator and employer. The foregoing Discrimination, Harassment, Sexual Harassment and Sexual Violence Policy is designed to enhance access to and understanding of Lesley's policies and is not intended to create a contract between Lesley and its employees or other persons. Lesley reserves the right to amend or revoke its policies at any time without notice.
Signed May 18, 2012
Joseph B. Moore, President
Approved by: The President
History: Issued – 1987
Revised – June 1, 2009
Revised – November 18, 2010
Revised – May 17, 2012
Responsible Official: Director of Equal Opportunity and Inclusion/Title IX Coordinator
updated 06/22/12 | 05:20 PM