Policy 3 – 03: SEXUAL HARASSMENT POLICY AND HARASSMENT-FREE WORKPLACE

1. Policy: It is the policy of Quincy College to provide a learning and working environment free of harassment, including sexual harassment. Quincy College expects all members of it’s community to treat each other with dignity and respect. Sexual harassment in the workplace is unlawful, and it is unlawful to retaliate against an employee or student for filing a complaint of sexual harassment or for cooperating in an investigation of such a complaint. Sexual harassment is a form of discrimination and a violation of Title VII of the Civil Rights Act of 1964 and Title XI of the Educational Amendments of 1972. In accordance with applicable federal and state laws and the Board of Higher Education’s approved Affirmative Action Plan, the College subscribes to the guidelines outlined below concerning sexual harassment and has adopted them as College policy. Moreover, as part of the College’s overall non-discrimination policy, the College prohibits all forms of harassment of others because of race, color, religion, sex, age, national origin, ancestry, sexual orientation, physical or mental disability, veteran, or other protected status. In particular, sexual harassment does not belong in our workplace and learning environment. Sexual harassment of a student, an employee, or any other person in the College is unacceptable, impermissible, and will not be tolerated.

Please note that while this policy sets forth our goals of promoting an environment that is free of sexual harassment and otherwise prohibited harassment, the policy is not designed or intended to limit our authority derived from any other source to discipline or take action for workplace conduct that we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment because of race, color, religion, national origin, gender, age, sexual orientation or disability, set forth herein.

II. Definition: Sexual harassment occurs in a variety of situations that share a common element: the inappropriate introduction of sexual activities, conduct or comments into the work or learning situation. Often sexual harassment involves relationships of unequal power and contains elements of coercion, as when compliance with requests for sexual favors become a criterion for granting work, study, or grading benefits. However, sexual harassment may also involve relationships among equals, as when repeated sexual advances, or demeaning verbal behaviors have a harmful effect on a person’s ability to study or work in the academic setting.

Harassment is defined as verbal, written, or physical conduct for the purpose of intimidation because of a person’s race, color, religion, national origin, gender, age, sexual orientation, or disability which intimidates or creates an intimidating, hostile, humiliating, or offensive educational environment, affects educational decisions, or interferes with a student’s educational experience, or an employee’s working Environment.

For purposes of this policy, sexual harassment is defined as any type of sexually-oriented conduct, whether intentional or not, that is unwelcome and has the purpose of effect of creating a work or learning environment that is hostile, offensive or coercive to a reasonable woman or man, as the case may be. The following are examples of sexually-oriented conduct that, depending upon the circumstances, may constitute sexual harassment:

• unwelcome and unwanted sexual jokes, language, epithets, advances or propositions;
• written or oral abuse of a sexual nature, sexually degrading or vulgar words to describe an individual;
• the display of sexually suggestive objects, pictures, posters or cartoons,
• unwelcome and unwanted comments about an individual’s body, sexual prowess or sexual deficiencies;
• asking questions about sexual conduct;
• unwelcome touching, leering, whistling, brushing against the body, or suggestive, insulting or obscene comments or gestures; and
• submission to such conduct or sexual favors is made, either explicitly or implicitly, a term or condition of an individual’s employment or education or in exchange for favorable reviews, assignments, promotions, or continued employment, or promises of the same; or
• submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or
• such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance and creating an intimidating, hostile, or demeaning employment or educational environment.

III. Procedures: If an employee or student believes that he/she has been the subject of sexual harassment, or subjected to any form of harassment, or a hostile, offensive or coercive work or learning environment, or if you are not sure whether certain behavior is sexual harassment or whether it is actionable under this policy, he/she is strongly encouraged to immediately notify the Executive Staff Team (EST) member of his/her program and the Director of Human Resources so that the College may have the opportunity to provide a resolution, or to provide an opportunity to discuss the concern with a College Executive Staff Team member of the same sex, if desired, or to put forth an investigation and deal promptly with the complaint, in accordance with the College’s current grievance procedures.

The grievance process is a formal mechanism for redress. Please refer to Section VI - find Policy 14 Grievance Procedures which shall apply for any/all formal grievances put forth in writing.

Members of the Executive Staff Team (EST) and the Director of Human Resources can be reached at the following numbers:

If the complaint is against a member of the Executive Staff Team, the employee or student should notify the Director of Human Resources at the above location and telephone number.
If the complaint is against the Director of Human Resources, the employee or student should notify the President of the College at the above location and telephone number.

Persons alleging that they have been the victim or sexual of other prohibited harassment may have the right to file a complaint with either or both the following government agencies set forth below.

Using the College’s complaint process does not prohibit the filing of a complaint with
these agencies. Each of the agencies has a short time period for filing a claim (EEOX-180 days; MCAD – six months). This list is not to be considered an exhaustive list of available state and/or federal remedies. Quincy College is not responsible for providing legal advice regarding state and/or federal claims of sexual or discriminatory harassment.

The Massachusetts Commission Against Discrimination (MCAD) is responsible for investigating and handling complaints of sexual harassment filed in the Commonwealth. The MCAD is located at:

Massachusetts Commission Against Discrimination
One Ashburton Place, 6th Floor
Boston, MA 02108
617-727-3990

Equal Employment Opportunity commission (EEOC) is charged with investigating and handling complaints of sexual harassment filed under Title VII of the 1964 Civil Rights Act and Title IX of the 1972 Educational Amendments. The EEOC is located at:

Equal Employment Opportunity Commission
One Congress Street, 10th Floor
Boston, MA 02114-2023
617-565-3200

IV. Investigative Process: Sexual Harassment is expressly forbidden under federal and state regulations and is actionable under the provisions of Title VII of the Civil Rights Act of 1964 and Title XI of the Educational Amendments of 1972. In keeping with these regulations, a concerted effort will be made to protect employees, students, and others from sexual harassment as defined. The College will take reasonable measures to prevent sexual harassment and will act positively to investigate alleged harassment of any kind and to effect remedy when an allegation is determined to be valid.

All information will be handled with the highest degree of confidentiality to the extent practicable under the circumstances and with due regard for the rights and wishes of all parties. Information regarding the complainant shall only be released on a need-to-know basis. However, once a complaint is made, the College will proceed to investigate, regardless of whether the complainant desires to proceed with such investigation.

The response to and resolution of complaints will be guided by the following goals: •

•Focus on educating and changing behavior rather than simply punishing the offender.
• Engage students and staff in dialogue so that they may understand the impact of behavior and attitudes.
• Maintain the confidentiality of victims and offenders by involving as few people as possible.
• Protect the complainant from retaliation.
• Insure prompt and thorough attention to all complaints.

The investigation will include confidential interviews with the persons making the complaint, with the witness and with the person or persons alleged to have committed such harassment. Retaliation against any person who has alleged harassment, testified, or participated in an investigation is unlawful and strictly forbidden. Any allegation of reprisal will be subject to the same kind of investigation and disciplinary action as described above. When the investigation is complete, the College will inform the person making the complaint and the person(s) alleged to have committed the conduct of the results of the investigation to the extent appropriate. A complaint may be determined to be:

A. Founded: The incident occurred as charged;

B. Unfounded: The incident is not harassment, discrimination or retaliation; or

C. Inconclusive: There is insufficient evidence to make a ruling either way.

If, upon completion of an investigation, it is determined that inappropriate conduct has occurred in the workplace or learning environment, the College will take such action as appropriate under the circumstances. Any employee or student of Quincy College who is found, after an investigation, to have harassed and or discriminated against another individual, said employee or student will be subject to disciplinary action up to and including termination.

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