Discrimination, Harassment, and Sexual Harassment Policy

(effective 11/18/10)

Discrimination, Harassment, and Sexual Harassment Policy

Purpose: To define and respond to discrimination, harassment, and sexual harassment issues.

Scope: Lesley University Community

Policy Statement:

Lesley University respects the dignity of every individual, and expects employees and students to respect all of our colleagues, students, vendors, and guests. The University aims to provide an environment that is free of discrimination, harassment, and sexual harassment. Discrimination, harassment, and sexual harassment will not be tolerated.

Lesley forbids discrimination or unwelcome conduct that is based on an individual's race, color, religion, sex, national origin, age, veteran status, disability, or sexual orientation.

Harassment of any employee or student on the basis of race, color, religion, sex, gender identity, gender expression, national origin, age, veteran status, disability, or sexual orientation undermines the basic principles of the Lesley community and is not acceptable behavior.

Sexual harassment is a form of sex discrimination and constitutes illegal conduct prohibited by Title VII of the 1964 Civil Right Act, and in the education context by Title IX of the Educational Amendments of 1972, and Massachusetts General Laws.

Definition of Discrimination, Harassment, and Sexual Harassment:

Discrimination is defined as unwelcome verbal and/or physical conduct that shows bias, favoritism, prejudice, unfairness, inequity, bigotry or intolerance for another person because of his/her protected status, i.e., race, color, religion, sex, national origin, age, veteran status, disability, or sexual orientation.

Harassment is defined as the use of derogatory comments or acts directed toward an individual's race, color, religion, sex, gender identity, gender expression, national origin, age, veteran status, disability, or sexual orientation that is designed to:

• Humiliate or intimidate an individual;
• Impede or interfere with academic status, academic performance, or work performance;
• Create an intimidating, hostile, offensive classroom, work environment, or cyber environment; and/or
• Interfere with University life.

Sexual harassment is a form of sexual discrimination that is a violation of Lesley policy and unlawful under Federal and State statutes.

Sexual harassment is defined as unwelcome sexual advances, requests of 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 or employment status.
• Submission to, or rejection of, such conduct by an individual is used as a basis for academic or employment decisions affecting such individual.
• Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or 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 individual engaged in harassment and the individual being harassed are the same or 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, if unwelcome, constitute sexual harassment, depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:

• Sexual advances – whether they involve physical touching or not.
• Requests for sexual favors in exchange for actual or promised admission, advancement, academic decisions, higher grades, job benefits, favorable evaluations and reviews, salary increases, promotions, increased health and welfare benefits or continued employment affecting an employee or student.
• Sexual jokes.
• Use of sexual epithets, written or oral references to sexual conduct, gossip regarding one's sex life, comments on an individual's body, sexual activity, deficiencies, or prowess.
• Displaying sexual objects, pictures, or cartoons.
• Offensive suggestive obscene letters, notes, emails, invitations.
• Leering, patting, grabbing, pinching, brushing against the body, sexual gestures, suggestive or insulting comments.
• Inquiries into one's sexual activities.
• Assault or coerced sexual acts.

Reporting an Incident:

Complaints of discrimination, harassment, and sexual harassment may be made in writing or orally to anyone in a managerial position (e.g. Chair, Division Director, Assistant Dean, Associate Dean, Dean, Department Head, Director, or Vice President) or specifically to the Director of Equal Opportunity and Inclusion, the Director of Human Resources, or the Dean of Student Life and Academic Development.

Managers Responsibility:

Any manager who witnesses discrimination, harassment or sexual harassment or receives a complaint must immediately contact any of the following University officers:

Dr. Barbara J. Addison Reid
Director of Equal Opportunity and Inclusion
29 Everett Street
Cambridge MA 02138
617.349.8507
Email: baddison@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

Employees and students must directly contact one of the University Officers listed above. These Officers were selected in order to provide all members of the Lesley community the opportunity to initiate a complaint in a place in which they feel comfortable doing so.

Whenever Lesley receives a complaint we are obligated by law to investigate the matter. Should a manager become aware of discrimination, harassment, sexual harassment and fail to report the information to one of the University officers listed above, under Massachusetts law the manager becomes complicit in the act and assumes personal liability just as if he/she were the perpetrator. Such behavior may be subject to disciplinary action, up to and including dismissal from employment at the University.

When the Director of Equal Opportunity and Inclusion, the Director of Human Resources, and the Dean of Student Life and Academic Development receive a complaint, the information is shared among the three University Officers.

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 or the President.

Employees and Students Responsibility:

Everyone at Lesley University has the responsibility to assure that our environment is free from discrimination, harassment, and sexual harassment. We are also expected to avoid any behavior or conduct that could reasonably be interpreted as such, and must report any such observations of that kind of conduct. If you feel that you have been the victim of such behavior, or become aware of behavior that is discriminatory or harassing, you must immediately report it to your manager and/or any of the designated officials listed above.

Unequal Consensual Relationships:

Romantic or sexual relationships between individuals in unequal positions are inherently problematic. For detailed information, please refer to Lesley University's Unequal Consensual Relationship Policy

Investigation of Complaints:

When Lesley University receives a complaint, it promptly investigates the allegations in a fair and expeditious manner in accordance with Lesley's Complaint Resolution Procedures.

Protection Against Retaliation:

Retaliation is unlawful. Lesley University does not allow any form of retaliatory behavior against any faculty, student, or staff member who in good faith exercises his/her rights and reports unwelcome conduct to Lesley managers or who cooperates in the investigation of such reports, pursuant to Lesley's Discrimination, Harassment, and Sexual Harassment Policy.

Any student found to be engaging in retaliation will be subject to disciplinary action, up to and including expulsion.

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:

Every reasonable effort will be made to protect the privacy and confidences of all parties during the investigation without compromising the thoroughness of the investigation and consistent with and subject to the University's need to investigate the complaint and/or implement any disciplinary action.

Disciplinary Action:

Every report of perceived discrimination, harassment, and sexual harassment is fully investigated and corrective action is taken where appropriate.

If a report against a student engaging in discrimination, harassment, or sexual harassment is found to be justified, that student will be subject to disciplinary action, up to and including expulsion from Lesley.

If a report against an employee engaging in discrimination, harassment, or sexual harassment is found to be justified, that employee will be subject to disciplinary action, up to and including dismissal from employment at Lesley.

State and Federal Remedies:

While faculty, students, and staff are encouraged to report claims internally, if you so choose, you may file a formal complaint with either or both of the government agencies set forth below. Each of the agencies has a time period, 300 days, for filing a claim.

If an employee or student chooses to file a complaint with one or both of these agencies, they no longer can avail themselves of Lesley's internal complaint processes.

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

Duty of Good Faith:

Lesley University prohibits any member of the Lesley community from knowingly or recklessly bringing a false complaint of institutionally sanctionable conduct against another member of the Lesley community. Any such action can lead to disciplinary action, up to and including expulsion or dismissal from employment.

Lesley University is an equal opportunity, affirmative action educator and employer. The foregoing Discrimination, Harassment, and Sexual Harassment 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.

__________________________________________
Joseph B. Moore, President

___________________
Date

Approved by:

The President and his Cabinet

History:

• Issued – 1987
• Revised – June 1, 2009
• Revised – November 18, 2010

Responsible Official:

Director of Equal Opportunity and Inclusion