Unlawful Discrimination And Harassment Policy

Lesley University is committed to providing its students and employees an environment free of unlawful discrimination and harassment. Lesley is committed not only to complying with local, state, and federal laws, but also to providing an educationally and professionally desirable environment. Any form of unlawful discrimination or harassment is a serious violation of individual rights and institutional values as well as a violation of law. Lesley forbids discrimination or unwelcome conduct that is based on an individual’s race, color, religion, gender, national origin, age, disability, ancestry, medical condition, source of income, marital status, family status, military status, veteran status, citizenship status, sexual orientation, or any other protected status.

• Unlawful discrimination means an adverse decision made against a person for reasons related to her or his race, color, religion, gender, national origin, age, disability, ancestry, medical condition, source of income, marital status, family status, military status, veteran status, citizenship status, sexual orientation, or any other protected status.
• Harassment is a form of unlawful discrimination when the verbal or physical conduct that denigrates or shows hostility or aversion toward an individual is based on his or her race, color, age, national origin, gender, ancestry, religious creed, disability or veteran status. Harassment has the purpose or effect of unreasonably interfering with an individual's work performance or otherwise adversely affecting an individual's employment opportunities. Harassment may take the form of epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts. It may also take the form of written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, age, national origin, ancestry, gender, sexual orientation, sexual preference, religious creed, veteran status or disability.
• Sexual harassment is a form of unlawful discrimination. The specific legal definition of sexual harassment is included in the Sexual Harassment Policy set forth below.

Any student who feels that he or she has experienced or is experiencing unlawful discrimination or harassment, including sexual harassment, is strongly encouraged to report the incidents so that the incidents may be investigated pursuant to these policies and procedures. These policies and procedures also apply to any contractor or vendor at Lesley University who believes she or he is experiencing or has experienced unlawful discrimination or harassment during any University-sponsored activity or event.

The University will respond to and investigate all claims of unlawful discrimination and harassment, including sexual harassment, and will appropriately sanction such behavior. Every effort will be made to carry out these procedures confidentially and access to pertinent information shall be limited to a need-to-know basis. The University will also take appropriate steps to assure that a person against whom such an allegation is made is treated fairly. The University reserves the right to remove a student from the University altogether during the investigation if deemed necessary for administrative reasons and/or for safety concerns.

A. Sanctions

Any student, faculty member, or member of the University's administrative staff found to have unlawfully discriminated against or harassed another member of the Lesley University community shall be subject to immediate and appropriate disciplinary action including, but not limited to, probation, suspension, or expulsion from the University in the case of student, or probation, suspension, or termination of employment in the case of an employee. The previously listed sanctions also apply if any student, faculty member, or member of the administrative staff of the University is found to have intentionally brought false charges against another member of the University community. The University's policies against unlawful discrimination and harassment, including its sexual harassment policy, supersede all contracts of employment to the extent that any may exist within the University community.

B. Cooperating with an Investigation

C. Retaliation

It is unlawful to retaliate against anyone for filing a complaint of unlawful discrimination or harassment, including sexual harassment, or for cooperating in an investigation of such a complaint. No Lesley University student or employee will be reprimanded or retaliated against for initiating an inquiry or complaint in good faith or for cooperating in good faith in the investigation of a complaint.

Retaliation of any kind against any individual who files a complaint, or who cooperates with a formal investigation, is prohibited and shall be regarded by the University as a separate and distinct case for investigation and discipline, regardless of the outcome of the original complaint.

D. If You Believe that You have been Unlawfully Discriminated Against or Harassed, Including Sexually Harassed, and Want to Bring a Complaint

Lesley University has informal and formal procedures for members of the community who believe they have experienced or are experiencing unlawful discrimination or harassment in the classroom or at any Lesley University-sponsored activity or event. The University takes all allegations of unlawful discrimination and harassment seriously and will move swiftly to respond to them. To that end, the University will attempt to complete the informal resolution or the formal investigation of complaints within 30 working days.

The informal process, set forth below in Section F, offers a way for individuals to resolve their concerns without initiating an extensive investigation. If the informal process fails to bring about a satisfactory resolution for the individual bringing the complaint or when the informal process is not appropriate for resolving a particular complaint, then the formal process is available. The formal process, set forth below in Section G, also is available without having pursued some type of informal resolution of a complaint.

The University imposes no deadline for reporting allegations of unlawful discrimination or harassment. However, to ensure that memories are fresh and to provide an opportunity for the alleged harasser to adequately respond, it is strongly recommended that complaints be reported within 60 days after an Incident has occurred or a pattern of unlawful discrimination or harassment has become apparent. If there is any fear or threat of imminent physical danger, then the complaint should be reported immediately.

E. If You Learn that a Student or an Employee May be Experiencing Unlawful Discrimination or Harassment, Including Sexual Harassment

When an allegation of unlawful discrimination or harassment, including sexual harassment, is brought to the attention of the University through any of its employees or through a student, the employee or student who learns of the alleged unlawful discrimination or harassment must report it immediately to one of the following administrators:

• Dean of Student Life and Academic Development
  23 Mellen Street, Cambridge
  (617) 349-8530 (for students);
• Director of Human Resources
  1 Porter Square, Cambridge
  (617) 349-8785 (for employees);
• Director of Security
  47 Oxford Street, Cambridge
  Security Office
  (617) 349-8895 (for students or employees);
• Dean of AIB for incidents occurring at AIB, (617) 349-6651

An employee, who learns of an incident of unlawful discrimination or harassment, including sexual harassment, also may notify his or her supervisor (for example, Dean, Program Director, or Budget Unit Head) prior to notifying one of the above-listed administrators. Notification to the supervisor, however, does not discharge the employee's responsibility to promptly report the alleged harassment to one of the above-listed administrators.

F. Informal Resolution of Complaints

The University's informal process is one option available to members of the Lesley community to resolve complaints. The first step in the process is reporting the behavior as soon as possible. While some situations may be appropriately resolved through informal means, others may require immediate action and will be resolved only through the formal process. For example, in instances of imminent danger or in which there arise concerns about safety, it is unlikely that informal resolution would be appropriate.

Step 1: Students should talk with the Dean of Student Life and Academic Development at (617) 349-8530 located at 23 Mellen, or the Director of Security at (617) 349-8895 located at 47 Oxford. Employees, should talk with the Director of Human Resources at (617) 349-8787 located at 1 Porter Square. Should they prefer to do so employees may also talk with the Director of Security at (617) 349-8895 located at 47 Oxford Street, or the Dean/Director of AIB for incidents occurring at AIB (617) 262-1223 x 305.

Step 2: The Dean of Student Life and Academic Development, The Director of Human Resources, the Director of Security, or the Dean/Director of AIB shall make every effort to resolve the matter informally. For example, informal resolution may take the form of separate meetings with the individual bringing the complaint and with the person against whom the complaint is brought; a three-way meeting with the complainant and the person against whom the complaint is brought, a meeting with the appropriate administrators, or some other mutually agreeable course of action to resolve the complaint.

Step 3: Should the matter not be resolved to the satisfaction of the student bringing the complaint, the student may request that a formal investigation be initiated.

G. Formal Procedures for the Investigation and Resolution of Written Complaints of Unlawful Discrimination and Harassment, Including Sexual Harassment and Disability-Related Complaints

Any Lesley University student or employee who believes that she or he has been subject to unlawful discrimination or harassment, including complaints related to disability and sexual harassment, may ask for a formal investigation of her or his claim. The University will respond to and investigate complaints of unlawful discrimination and harassment, which occur on the Cambridge and Boston campuses.

For purposes of this policy, the University administrators ("the Investigating Administrators") responsible for investigating employee or student complaints of unlawful discrimination and harassment, including sexual harassment and disability-related complaints, are the following: Dean of Student Life and Academic Development (617) 349-8530, Director of Human Resources (617) 349-8785, Porter Exchange.

Every effort will be made to carry out these procedures confidentially and access to pertinent information shall be limited to a need-to-know basis. The University will also take appropriate steps to assure that a person against whom such an allegation is made is treated fairly.

Step 1: An employee or student who wishes to initiate a formal complaint should report her or his concerns to one of the Investigating Administrators noted above.

Upon receipt of an oral or written complaint by any of the designated administrators or the Director of Security, the General Counsel and the Vice President for Administration shall be notified. Once the formal complaint process is initiated, the employee or student will be asked to prepare a written statement of her or his allegations. This written statement shall serve as the basis for the investigation of the complaint. It is strongly recommended that complaints be reported within 60 days of the incident since investigation of complaints beyond that time frame may be impeded by the passage of time. If, however, a employee believes that she or he is in imminent physical danger, then the complaint should be reported immediately.

Step 2: The Investigating Administrator shall meet with the employee or student bringing the complaint to explain the formal complaint process, to answer any questions that the employee may have, and then shall interview her or him about the allegations contained in her or his written statement.

Step 3: The Investigating Administrator shall notify the person against whom the complaint is filed of the complaint and meet with her or him to discuss the matter. At this meeting, the Investigating Administrator shall provide him or her with a copy of the written statement and review the procedures of the formal process. The person against whom the complaint is made may then have ten (10) business days from the date of this meeting to submit to the Investigating Administrator a written response to the charges.

Step 4: After reviewing the charges and the response and meeting with both parties, the Investigating Administrator shall determine whether there is reasonable, credible evidence to support the allegation(s). If necessary, the Investigating Administrator may confer again with either or both parties and may interview others who may have relevant information. The Investigating Administrator shall also review any materials and documents, which may be relevant to the complaint. The Investigating Administrator reserves the right to determine who shall be interviewed and the number of interviews necessary to make the necessary findings and recommendations.

Step 5: After the Investigating Administrator has completed her or his investigation, he or she shall prepare a written report. The report shall be submitted to the General Counsel and shall include the Investigating Administrator's findings as well as her or his recommendations for disciplinary and/or remedial action (if necessary and appropriate).

Step 6: The General Counsel shall review the Investigating Administrator's report and may conduct such further investigation of the facts as she or he deems appropriate. If there is reasonable credible evidence to support the allegation(s) and if the perpetrator of the unlawful discrimination or harassment is a Lesley student, then the General Counsel shall determine the sanction to be imposed in consultation with the Dean of the School in which the student in enrolled and with the Dean of Student Life and Academic Development. The sanction imposed shall be in accord with all applicable University rules, policies, and regulations pertaining to students.

If there is reasonable credible evidence to support the allegation(s) and if the perpetrator of the unlawful discrimination or harassment is an employee of the University, then the appropriate sanction shall be determined by the General Counsel in consultation with the Director of Human Resources, the Budget and/or Department Head, and the employee's direct supervisor. The sanction imposed shall be in accord with all applicable University rules, policies, and regulations pertaining to employees.

If there is reasonable credible evidence to support the allegation(s) and if the perpetrator of the unlawful discrimination or harassment is a vendor, contractor, service person, or anyone else who has a recognized connection with Lesley University, then the General Counsel or his or her designee shall take all reasonable and necessary steps to end the harassing behavior.

H. Other Important Information about Harassment and Discrimination Complaints

Confidential Information: The Investigating Administrator is expressly authorized to disclose any relevant confidential information gathered during her or his investigation to the appropriate University officials if he or she believes that there has been a possible violation of law or University policies or regulations.

Conflict of Interest: if at any time during an investigation of a formal complaint of unlawful discrimination or harassment, including sexual harassment, the investigating Administrator believes that he or she can no longer investigate a complaint in an appropriate and impartial manner, he or she may ask that a new Investigating Administrator be appointed. Similarly, if the General Counsel of the University has grounds to believe that the Investigating Administrator may no longer be able to conduct the investigation in a proper and impartial manner, he or she may appoint another to investigate the complaint.

I. State and Federal Agencies

Nothing contained in any of the above policies is intended to deny members of the Lesley Community from pursuing other avenues of recourse if they believe that they have experienced or are experiencing unlawful discrimination or harassment, including sexual harassment, in the workplace or at any Lesley University-sponsored activity or event. Such recourse may include filing charges with either of these agencies. Each of these agencies has a definitive time period for filing a claim.

Equal Employment Opportunity Commission

One Congress Street, 10th Floor
Boston, MA 02114
(617) 565-3200 (Employment Claims Only)
Time limit to file: 180 days

Massachusetts Commission Against Discrimination

Boston Office:
One Ashburton Place, Rm. 601
Boston, MA 02108
(617) 727-3990

Springfield Office:
424 Dwight Street, Rm. 220
Springfield, MA 01103
(413) 739-2145

U.S. Department of Education, Office for Civil Rights, Region 1

33 Arch Street
Boston, MA 02110-1491
(617) 289-0111
Time limit to file: 180 days

Specific Information About Sexual Harassment

Lesley University is committed to providing its students and employees with a desirable environment in which to learn and work. Sexual harassment is discriminatory and unlawful as well as a serious violation of individual rights and institutional values. Sexual harassment of any sort will not be tolerated.

Any student who feels she or he has experienced or is experiencing sexual harassment is strongly encouraged to report the incidents so that the incidents may be investigated. The policy and procedures also apply to any contractor or vendor at Lesley University who believes that she or he is experiencing or has experienced sexual harassment during the course of her or his work at the University or during any University-sponsored activity or event. The University will respond to and investigate all claims of sexual harassment, and appropriately sanction such behavior.

Sexual harassment can be committed by both men and woman against both men and women. It can occur between members of the opposite sex or between members of the same sex. It can occur between students, between students and faculty, between students and staff members, between faculty and staff members, between faculty, and between staff members.

One may report a complaint of sexual harassment even if the harasser is not a student or an employee of Lesley University. If they believe he or she is being sexually harassed by a vendor, contractor, service person, or anyone else who has a recognized connection with Lesley University, the student may ask that his or her complaint be investigated.

Note: Massachusetts law requires that when evidence of sexual harassment is brought to the attention of the University, the University is obligated to investigate and sanction unlawful conduct regardless of whether the complainant asks that no investigation be conducted, or whether she or he requests that no action be taken against the harasser.

A. What is Sexual Harassment?

Sexual harassment is a form of unlawful discrimination under both federal and Massachusetts law. The legal definition of sexual harassment is unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature when:

1. Submission to such advances, requests or conduct is a made an explicit or implicit term or condition of an academic or employment decision;
2. Submission to or rejection of such conduct by an individual is used as a basis for an academic or employment decision affecting such individuals; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's learning environment or work performance or creates an intimidating, hostile or offensive educational or work environment.

Note: Academic decisions include, but are not limited to, decisions relating to grades, recommendations, scholarly opportunities, and participation in extracurricular activities and student organizations. Employment decisions include, but are not limited to, hiring, firing, transfers, promotions, upgrades, performance evaluations, letters of recommendation, and professional or academic advancement.

Conduct alleged to be sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, context and duration of the questioned behavior. Although repeated incidents generally create a stronger claim of sexual harassment, a serious isolated incident can present sufficient grounds for investigation and sanction.

B. Examples of Sexual Harassment

The key word in defining sexual harassment is unwelcome. While it is not possible to list all those circumstances that may constitute sexual harassment, the following are some examples of conduct which may constitute sexual harassment depending on the totality of the circumstances:

• Unwelcome and repeated sexual comments or verbal abuse about a person's gender;
• Unwelcome and repeated sexual advances, propositions, and pressure for dates;
• Unwelcome and deliberate physical contact such as patting, pinching, hugging, kissing;
• Unwelcome behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment or threats of negative treatment with regard to an individual's academic standing, or employment status;
• Sexual epithets, jokes, written or oral references to sexual conduct, comments about an individual's sexual activity, deficiencies or prowess;
• Displaying sexually suggestive objects, pictures or cartoons.

C. Consensual Relationships

The fulfillment of the educational mission of the University requires an atmosphere of trust and respect in student-faculty relationships and a climate that is free from sexual harassment. It is, therefore, the policy of the University to prohibit romantic relationships between students and faculty members or other University employees who have educational or supervisory responsibility for students, regardless of whether there appears to be mutual consent.

Faculty members and other University employees who have educational or supervisory responsibility for students (such as an administrator, graduate assistant, coach, Advisor, Program Director, counselor, or residence hall staff member) maintain positions of trust and authority as they guide students, evaluate their work, and provide recommendations for further academic work and employment. A sexual or romantic relationship, even if consensual, between a student and a faculty member or other such University employee listed above may undermine the ongoing trust needed for effective teaching, learning and professional development and may be subject to concerns about the validity of the consent, conflicts of interest and unfair treatment.

Sanctions for violations of the consensual relationship policy are the same as those for possible violations of the sexual harassment policy, including suspension and dismissal.

D. If You Believe that You Have Been Harassed and Want to Bring a Complaint of Sexual Harassment

The University takes all allegations of sexual harassment seriously and will move swiftly to respond to them. The informal and formal procedures for responding to complaints of other types of unlawful discrimination and harassment as set forth in Sections 1.E and 1.F also apply to complaints of sexual harassment.

Specific Information About the Rights and Responsibilities of Employees with Disabilities

The University is committed to ensuring equal employment opportunity for all qualified persons with disabilities and a work environment free of discrimination. Lesley also is committed to the rights of all qualified employees and applicants to be free from discrimination based on his or her family relationship or association with a person with a disability. All University employment practices will be conducted on a non-discriminatory basis.

A. Reasonable Accommodation: An Interactive and Ongoing Process

Lesley will work with all otherwise qualified employees with documented disabilities beginning with the recruitment and application processes to make reasonable accommodations. A reasonable accommodation is a change or a modification so that the otherwise qualified individual with a disability has equal opportunity in the application process, is able to perform the essential functions of her or his job and enjoys benefits and privileges equal to those of other employees.

Upon request employment applications are available in alternative, accessible formats. Applicants also may obtain assistance in completing job applications and in participating in any required pre-employment testing and interviews. Requests for assistance in any of the phases of the application process must be timely and should be directed to the Human Resources Department (617) 349-8788.

Once hired, employees should make their requests for reasonable accommodation through the Human Resources Department. At that time, the employee and a representative form the Human Resources Department will identify which, if any of the individual in the employee's department should be informed and involved in this process. It is most important to stress that the process for obtaining a reasonable accommodation is initiated by the employee. Further, this process is confidential with information shared only as needed and only after consultation with the employee.

Employees must support their requests for reasonable accommodation with appropriate documentation from a qualified physician or clinician. The first step in the process is the determination whether the employee meets the definition of an otherwise qualified person with a disability as set forth in applicable federal and state laws. If the employee meets the criteria set forth in the applicable laws then the next step in the process is deciding what is the appropriate reasonable accommodation for the individual in his or her position at the University. This part of the process is an interactive one in which the employee, the Human Resources Department, and the previously identified other University employee(s) review the documentation the essential requirements of the position and the employee's requested accommodation. Then the University, through the input of all involved, will make the final decision regarding what is a reasonable accommodation. All decisions are based upon an individualized assessment and careful consideration of the employee's request. The timeliness of the request is an important aspect of the decision whether or not it is reasonable.

This interactive process should continue between the employee and the University as needed. Specifically, both the employee and the University shall assess the effectiveness and continued feasibility of the accommodation and should communicate about their observations and/or conclusions. If the employee believes that the agreed upon accommodation is not effective then she or he immediately shall contact the Human Resources Department (617) 349-8788. Such notification is essential for the University to respond appropriately. The University also has the right to determine that a previously agreed upon accommodation is not effective or is no longer feasible. In such a situation, the University, through the Human Resources Department, will promptly notify the employee and work with him or her to select an appropriate alternative.

B. If You Believe that You Have Been Discriminated Against or Harassed on the Basis of Disability

Any person who believes that she or he has been discriminated against or harassed on the basis of disability should contact the Director of Human Resources or the Vice President for Urban Initiatives. The informal resolution process and the formal procedures also apply to complaints of unlawful discrimination or harassment based on disability.