Sexual Harassment Policy

Lesley 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, faculty or staff member 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 pursuant to this policy and the attached procedures. The policy and procedures also apply to any contractor or vendor at Lesley who believes that she or he is experiencing or has experienced sexual harassment during the course of her or his work at the Lesley or during any Lesley-sponsored activity or event. Lesley 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.

You may report a complaint of sexual harassment even if the harasser is not a student or an employee of Lesley. If you believe you are being sexually harassed by a vendor, contractor, service person, or anyone else who has a recognized connection with Lesley, you may ask that your complaint be investigated.

Note: Massachusetts law requires that when evidence of sexual harassment is brought to the attention of the University, Lesley 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.

• What is sexual harassment?
• Examples of sexual harassment
• Consensual relationships
• If you learn that someone may be experiencing sexual harassment
• If you believe that you have been harassed and want to bring a complaint
• Informal resolution of complaints
• Formal process
• Sanctions
• Cooperating with an investigation
• Retaliation
• State and Federal Agencies
• Procedure for the investigation and resolution of formal complaints brought by lesley students
• Other important information
• Unlawful discrimination and harassment
• Back to policies

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.

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.

Consensual Relationships

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

Faculty members and other Lesley 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 Lesley 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.

If You Learn That A Student Or An Employee May Be Experiencing Sexual Harassment

When an allegation of sexual harassment is brought to the attention of the University through any of its employees or through a student, the employee who learns of the alleged 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)
• Vice President for Urban Initiatives, 29 Everett Street, (617) 349-8141 (for students or employees)
• Director of Human Resources, 1 Porter Square, (617) 349-8785 (for employees)
• Director of Security, 47 Oxford Street (Security Office) (617) 349-8895 (for students or employees)

An employee who learns of an incident of alleged 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 does not discharge the employee's responsibility to promptly report the alleged harassment to one of the above-listed administrators.

If You Believe That You Have Been Harassed And Want To Bring A Complaint Of Sexual Harassment

Lesley has an informal and formal process for members of the community who believe they have experienced or are experiencing sexual harassment in the classroom or in the workplace. Lesley takes all allegations of sexual harassment seriously and will move swiftly to respond to them. To that end, Lesley will attempt to complete investigations or informal resolutions of sexual harassment complaints within 30 working days. The informal process 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 harassment complaint or when the informal process is not appropriate for resolving a complaint of sexual harassment, the formal process is available. Anyone who believes that she or he has been sexually harassed may initiate the formal process without having pursued informal resolution.

Lesley imposes no deadline for reporting allegations of sexual 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 harassment has become apparent. If there is any fear or threat of imminent physical danger, then the complaint should be reported immediately.

Informal Resolution of Complaints

Lesley's informal process is one option available to members of the Lesley community to resolve complaints about sexual harassment. 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 - whether the student is enrolled in an on-campus or off-campus program - should contact the Dean of Students at (617) 349-8530 located at 23 Mellen Street on campus. Employees should talk with the Director of Human Resources at (617) 349-8787 located at 1627 Massachusetts Avenue. Should they prefer to do so, students and employees may also talk with the Vice President for Urban Initiatives at (617) 349-8141located at 29 Everett Street, or the Director of Security at (617) 349-8895 located at 47 Oxford Street.

Step 2:

The Dean of Students, Director of Human Resources, Vice President for Urban Initiatives, or the Director of Security 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 alleged harasser, a three-way meeting with the complainant and the alleged harasser, a meeting with the alleged harasser's supervisor, 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 or employee bringing the complaint, the student or employee may request that a formal investigation be initiated.

Formal Process

Lesley has developed different formal procedures for investigating complaints of harassment depending on whether the target of the alleged behavior is a Lesley student or a Lesley employee. The procedures which apply to students immediately follow this policy statement.

Questions about the policies and procedures should be brought to the attention of the Dean of Students, the Director of Human Resources, or the Vice President for Urban Initiatives.

Sanctions

Any student, faculty member, or member of Lesley's administrative staff found to have sexually harassed another member of the Lesley community shall be subject to immediate and appropriate disciplinary action including, but not limited to, probation, suspension, or expulsion from Lesley 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 of sexual harassment against another member of the Lesley community. Lesley's policy against sexual harassment supersedes all contracts of employment to the extent that any may exist within the Lesley community.

Cooperating With An Investigation

It is expected that, at the request of the University, employees and students will cooperate fully in the investigation of a complaint of sexual harassment. Faculty, administration and staff of Lesley are expected to do all that they can to prevent and discourage sexual harassment from occurring.

Retaliation

It is unlawful to retaliate against anyone for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint of sexual harassment. No Lesley 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 of sexual harassment.

State And Federal Agencies

Nothing contained in Lesley's Policy is intended to deny members of the Lesley community from pursuing other avenues of recourse if they believe they have experienced or are experiencing sexual harassment in the classroom or in the workplace. 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
Time limit to file: 180 days
One Congress Street
10th Floor
Boston, MA 02114
(617) 565-3200

Massachusetts Commission Against Discrimination
Time limit to file: 6 months
Boston Office:
One Ashburton Place
Room 601
Boston, MA 02108
(617) 727-3990
Springfield Office:
424 Dwight Street
Room 220
Springfield, MA 01103
(413) 739-2145

U.S. Department of Education, Office for Civil Rights
Time Limit to file: 180 days
Office for Civil Rights
33 Arch Street
Boston, MA 02110-1491
(617)289-0111

Procedure for the Investigation and Resolution of Formal Complaints of Sexual Harassment Brought by Lesley Students

Any Lesley student who believes that she or he has been subject to sexual harassment may ask for a formal investigation of her or his claim. Lesley will respond to and investigate complaints of sexual harassment which occur on the Cambridge campus. Lesley will also respond to and investigate complaints of sexual harassment which occur off-campus when those off-campus incidents arise out of the student's participation in a Lesley-sponsored activity such as, but not limited to, a course, an internship, a practicum, or a co-curricular activity.

For purposes of this policy, Lesley administrators ("the Investigating Administrators") responsible for investigating student complaints of sexual harassment are the following:

• Dean of Student Life and Academic Development, 23 Mellen Street, (617) 349-8530
• Director of Human Resources, 1 Porter Square, (617) 349-8787

Lesley will attempt to complete its investigation of complaints within 30 working days. 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. Lesley will also take appropriate steps to assure that a person against whom such an allegation is made is treated fairly. Lesley reserves the right to immediately remove or otherwise suspend a student during the course of its investigation for administrative reasons and/or for safety concerns.

Step 1:

A student who wishes to initiate a formal complaint of sexual harassment should report her or his concerns to one of the Investigating Administrators noted above or to: Lesley's Director of Security, 47 Oxford St. (Security Office) (617) 349-8895.

Note: When the sexual harassment occurs during an internship, practicum or other Lesley-sponsored placement or activity, students should report to one on the listed Lesley administrators or to the Director of Security their complaints of sexual harassment and utilize these procedures so that Lesley may have the opportunity to address and remedy unlawful and/or inappropriate behavior. In addition, students may pursue the grievance procedures in place at the other organization or entity (to the extent that they exist). Upon receipt of the written statement, the General Counsel shall be notified and shall designate an Investigating Administrator.

Once a complaint is reported, the student will be asked to prepare a written statement of her or his allegation(s). 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 because investigation of complaints beyond that time frame may be impeded by the passage of time. If, however, a student 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 student bringing the complaint to explain the formal complaint process, to answer any questions that the student 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 alleged harasser of the complaint and meet with her or him to discuss the matter. At this meeting, the Investigating Administrator shall provide the alleged harasser with a copy of the written statement and review the procedures of the formal process. The alleged harasser 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 alleged harasser's response and meeting with both parties, the Investigating Administrator shall determine whether there is reasonable, credible evidence to support the allegation of sexual harassment. If necessary, the Investigating Administrator may confer again with the student bringing the complaint and with the alleged harasser, 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, she or he shall prepare a written report. The report shall be submitted to the General Counsel. The report shall include the Investigating Administrators 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) of sexual harassment, 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 Lesley rules, policies, and regulations pertaining to students.

If there is reasonable credible evidence to support the allegation of sexual harassment and if the harasser is an employee of Lesley, 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 Lesley rules, policies, and regulations pertaining to employees. If there is reasonable credible evidence to support the allegation of sexual harassment and if the harasser is a vendor, contractor, service person, or anyone else who has a recognized connection with Lesley then the General Counsel or his or her designee shall take all reasonable and necessary steps to end the harassing behavior.

Other Important Information

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

Retaliation

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 Lesley as a separate and distinct case for investigation and discipline, regardless of the outcome of the original harassment complaint. Cooperating with an Investigation: It is expected that, at the request of the University, students will cooperate fully in an investigation of sexual harassment.

Conflict of Interest

If at any time during an investigation of a formal complaint of 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 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.

Unlawful Discrimination and Harassment

The Lesley policy and procedures to address student complaints of unlawful discrimination and harassment are currently under review. Student complaints should be reported to the Dean of Student Life and Academic Development, the Vice President for Urban Initiatives, or the Director of Security.

All complaints of unlawful discrimination and harassment will be investigated and Lesley will follow the same procedures and time line as set forth in the Sexual Harassment Policy and Procedures. For additional information, contact the Dean of Student Life and Academic Development at (617) 349-8530 or the Vice President for Urban Initiatives at (617)349-8141.