EQUAL EMPLOYMENT OPPORTUNITY - Curry College

Massachusetts General Laws chapter 214, § 1C. Under these laws, unwelcome sexualadvances, requests for sexual favors and other physical or verbal conduct of a sexualnature constitute sexual harassment when:• Submission to or rejection of such advances, requests or conduct is made eitherexplicitly or implicitly a term or condition of an individual’s employment, educationor participation in College programs or activities, or a basis for employment oreducational decisions affecting the individual; or• Such conduct has the purpose or effect of unreasonably interfering with anindividual’s work performance, education, or participation in College programs oractivities, or creating an intimidating, hostile, humiliating or sexually offensive workor learning environment.CONDUCT WHICH MAY CONSTITUTE UNLAWFUL SEXUALHARASSMENTSexual harassment does not refer to behavior or occasional compliments of asocially acceptable nature. It refers to behavior that is not welcome and occurs in avariety of situations which share a common element: the inappropriate introduction ofsexual activities or comments into the work or educational environment. It may occur onor off campus.Sexual harassment often involves relationships of unequal power. Such situationsmay contain elements of coercion, such as when compliance with requests for sexualfavors becomes a condition for granting privileges or favorable treatment on the job, orfavorable treatment in the classroom. However, sexual harassment may also involverelationships among persons of equal authority or power, such as when repeated advancesor demeaning verbal comments by a co-worker towards another co-worker have aharmful effect on a person’s ability to perform his or her work. Sexual harassment canalso involve behavior directed to and/or by students of the College, as well as employeesand non-employees of the College.Depending upon the circumstances, examples of sexual harassment could includesuch conduct as the following:• repeated offensive sexual flirtations, advances or propositions which are offensive;• verbal abuse or innuendo of a sexual nature which is continued or repeated;• physical contact such as touching, hugging, patting or pinching which is uninvitedand unwanted by the other person;• offensive verbal comments of a sexual nature about an individual’s body or sexualterms used to describe an individual:• an open display of sexually suggestive objects or pictures if people find themoffensive;• jokes or remarks of a sexual nature if people find them offensive;• unwanted prolonged and apparent staring or leering at a person;• obscene gestures or suggestive or insulting sounds made towards people who findthem offensive:2

• the demand for sexual favors accompanied by an implied or overt threat concerningan individual’s employment status or educational status or promises of preferentialtreatment;• direct or implied requests for sexual favors in exchange for actual or promisedfavorable evaluations of course requirements, or favorable recommendations forposition or benefits within or outside the College Community;• indecent exposure; and• romantic involvement between supervisors and subordinates that is known to othersin the workplace and which impacts the workplace in areas such as assignments,advancements and benefits.CONDUCT WHICH MAY CONSITUTE SEXUAL VIOLENCESexual assault committed by students, employees, or visitors, whether on or off campus,is prohibited and will not be tolerated. This applies to academic, educational, cocurricular,athletic, study abroad, residential and off-campus conduct, and other Collegeprograms. Curry College urges people who have been sexually assaulted to pursuecriminal charges against the person or persons they believe to have committed the sexualassault. A person who has experienced a sexual assault involving a member of thecampus community is also urged to make a complaint to the College. A criminal chargeand an internal complaint can be pursued at the same time. Retaliation against anindividual who brings a complaint, participates in an investigation or pursues legal actionis prohibited and will not be tolerated.Sexual violence includes contact that is without consent by any party. It is the obligationof any person to obtain active consent from the other person prior to sexual contact.Examples of misconduct include, but are not limited to, touching another’sgenitals/breasts without consent; having sexual contact with someone whose decisionmaking ability is compromised (e.g. from alcohol or drug usage or disability); orcontinuing sexual activity after either party has made it clear, either verbally or byconduct, that they do not wish to have physical contact.Sexual violence includes obscene or indecent behavior such as exposure of one's sexualorgans or the display of sexual behavior that would reasonably be offensive to others;deliberate observation of others for sexual purposes without their consent; taking orposting of photographs/images of a sexual nature without consent; possession ordistribution of illegal pornography; or viewing or posting pornography in public venues.Consent cannot be given by minors, those who are incapacitated as a result of alcohol orother drug consumption, those who are unconscious, unaware or otherwise physicallyhelpless. Consent as a result of coercion, intimidation, threat of force or force is noteffective consent.Students, faculty members, and staff members should understand that apparentlyconsensual sexual relationships, particularly those between individuals of unequal status,may be or become a violation of this policy. Anyone who engages in a sexual relationshipwith a person over whom the individual has any degree of formal power or authority3

must understand that the validity of the consent involved can and may be questioned. TheCollege is particularly concerned about the abuse potentially inherent in sexualrelationships between staff or faculty members and students, and between supervisors andtheir employees.CONDUCT WHICH MAY CONSTITUTE UNLAWFUL DISCRIMINATIONDepending upon the circumstances, examples of unlawful discrimination could includethe above-referenced examples concerning sexual harassment, which includes sexualviolence, as well as the following types of conduct:• Verbal abuse or innuendo, which is continued or repeated, concerning a person’srace, age, gender, sexual orientation, religion, national origin, disability, geneticinformation, veterans’ status, or other legally-protected category;• An open display of objects or pictures offensive to a person’s race, age, gender,sexual orientation, religion, national origin, disability, genetic information, veterans’status, or other legally-protected category;• Use of derogatory words to describe a person’s race, age, gender, sexual orientation,religion, national origin, disability, genetic information, veterans’ status, or otherlegally-protected category; and• Making decisions about a person’s employment or education based upon his or herrace, age, gender, sexual orientation, religion, national origin, disability, geneticinformation, veterans’ status, or other legally-protected category.EMPLOYEE AND STUDENT RESPONSIBILITIESEach employee and student of the College is personally responsible for ensuringthat his or her conduct does not sexually harass or unlawfully discriminate against anyemployee, student, or visitor on or off campus. Each employee and student is responsiblefor cooperating in any investigation of alleged sexual harassment or unlawfuldiscrimination if requested to do so by the person conducting the investigation.Any person who observes an incident that may constitute sexual harassment orunlawful discrimination or who otherwise becomes aware of such an incident shouldimmediately notify the Director of Human Resources, or the Dean of Students, or theTitle IX Coordinator, or an Investigator listed below.EDUCATIONAL SETTINGIn the educational setting within the College, as distinct from other work placeswithin the College, there exists latitude for a professional educator's judgment indetermining the appropriate content and presentation of academic material. Academiccurriculum and pedagogical techniques that serve legitimate and reasonable educationalpurposes do not, in and of themselves, constitute sexual harassment. Those participating4

in the educational setting bear a responsibility to balance their professional academicresponsibilities and academic freedoms with a consideration of the reasonablesensitivities of other participants.Nothing contained in this policy shall be construed to limit the legitimate andreasonable academic responsibilities and academic freedoms of the College's professionaleducators.PROCEDURES FOR ADDRESSING COMPLAINTS OF SEXUALHARASSMENT AND UNLAWFUL DISCRIMINATION.The Human Resources office will address all complaints of discrimination andharassment based upon race, age, gender, sexual orientation, religion, ethnic or nationalorigin, disability, genetic information, veterans’ status, or other legally-protectedcategory when the alleged harasser is an employee, a visitor to an employee, or a vendor.If the alleged harasser is a student, or a visitor to a student, the complaint will be addressby the Dean of Students Office. Policies and procedures governing student behavior canbe found in the Student Handbook athttp://www.curry.edu/Documents/PDF/Student_Handbook_2010_11.pdf.EMPLOYEE PROCEDURES FOR ADDRESSING COMPLAINTS OF SEXUALHARASSMENT AND UNLAWFUL DISCRIMINATION.If an individual believes that he or she has been sexually harassed or sufferedunlawful discriminatory conduct, the most immediate goal is to stop the offensiveconduct. Often, this can be accomplished by confronting whomever is engaging in theconduct, tell them what offends you, and request that they stop. However, there is norequirement that you do so. If the offender is your supervisor, professor, or coach, or forany other reasons this approach is not practical or acceptable to you, or does not work,please follow the following procedures.1. If you believe that you have been the subject of sexual harassment, sexualviolence or unlawful discrimination, or if you are not sure if certain behavior qualifies assexual harassment, sexual violence or unlawful discrimination, you are to contact yoursupervisor, the Human Resources Director, the Dean of Students, the Title IXCoordinator, or one of the Investigators established by the College listed below. In allcases, the Investigator or supervisor is to inform the Human Resources Director and/orthe Chief Financial Officer (in the case of an accused staff member) and/or the AcademicDean (in the case of an accused faculty member) about the complaint.2. You will then meet with the Human Resources Director and the Investigator(if you have chosen one) to discuss the conduct and events you are concerned about, andto answer any questions you may have about the procedure. You should bring thefollowing information: a description of the incident(s), the name of the person alleged tohave violated this Policy, times, locations, specific words/actions, and the name of any5

witnesses to the incident(s). The meeting may also include a discussion of the possibilityof an informal resolution with the assistance of the Human Resource Director or theInvestigator. You are encouraged to submit a written statement. The alleged harasserwill not attend this meeting.3. If an informal resolution is not achieved or not appropriate, the HumanResource Director and an Investigator will meet with the person alleged to have violatedthis Policy. If that person wishes an additional Investigator involved, he or she mayrequest one from the list below. The person alleged to have violated the policy isencouraged to submit a written statement.4. The Human Resource Director and the Investigator(s) will determine whatwitnesses, if any, should be contacted. Witnesses will be interviewed outside thepresence of the individual making the complaint and the person alleged to have violatedthis Policy.5. Upon completion of the investigation, the Human Resource Director, and/orthe Investigator(s) will prepare a finding of the facts, and will make a recommendation tothe Chief Financial Officer (in the case of an accused staff member) or to the AcademicDean (in the case of an accused faculty member), as to whether the alleged conductconstitutes sexual harassment, sexual violence or unlawful discrimination, or otherinappropriate conduct, and as to what disciplinary action is advised. The Chief FinancialOfficer or Academic Dean will then make a final determination. The person making thecomplaint and the person alleged to have violated this Policy will be informed of thedetermination within 60 days of the commencement of the investigation (if more time isneeded, both the accused and the complainant will be notified promptly).6. The determination may be appealed in writing by either party to the Presidentwithin 10 days of this notification. The written appeal should contain a statement as towhy the person appealing disagrees with the determination.If, for any reason, the Human Resources Director needs/wants to be excludedfrom the process, the Chief Financial Officer, the Academic Dean, or another alternatedetermined by the President, will take his/her place.DISCIPLINARY ACTIONIn the event that the investigation reveals that sexual harassment, discrimination,or other unlawful conduct has occurred, further action will be taken, including but notlimited to disciplinary action, such as, but not limited to, reprimand, change in workassignment, suspension, and/or immediate termination from the College.CONFIDENTIALITYAll actions taken to investigate and resolve complaints through this procedureshall be conducted with as much privacy and discretion as possible without6

compromising the thoroughness and fairness of the investigation. All persons involvedare to treat the situation with respect. To conduct a thorough investigation, theInvestigator(s) and Human Resource Director and/or Dean of Students, and/or Title IXCoordinator, may discuss the complaint with witnesses and those persons involved in oraffected by the complaint, and those persons necessary to assist in the investigation or toimplement appropriate disciplinary actions.NO RETALIATION FOR FILING A COMPLAINT OF SEXUAL HARASSMENT,SEXUAL VIOLENCE, OR UNLAWFUL DISCRIMINATIONRetaliation against any individual for making a complaint of sexual harassment,sexual violence, or of any unlawful discrimination or for assisting in the investigation ofsuch a complaint is illegal and will not be tolerated. Any acts of retaliation will besubject to appropriate disciplinary action, as described above.COLLEGE INVESTIGATORS OF COMPLAINTS OF SEXUAL HARASSMENT,SEXUAL VIOLENCE, AND UNLAWFUL EMPLOYMENT DISCRIMINATION.The following Investigators are designated as those persons who are charged withinvestigating complaints of sexual harassment and unlawful discrimination for theCollege, and may be contacted to initiate an investigation under the policy:Director of Human Resources:Mary Dunnmdunn@curry.edu617 333 2193King Academic BuildingOther Staff:Leslie BeckerNeil BuddenDeb CliffordEmilie ClucasKevin ConnearneyMichael DonohoeVinnie EruzioneKristen FerraroTodd GoldrickPeggy KennedyDenise KielczewskiCheryl LigolsJohn OstrowskiAaron SmithRose ValentinoJulie ZurowskiOther Faculty:Jeannette DeJongJohn DiCiccoDorria DiMannoJane LawlessAnn LevinJanis Peters7

George FournierJerry GibbsLaura HubbardJudy KelleyDoug KochMarlene SamuelsonLinda TenofskyDiane WebberMarguerite WenglerThis list is updated periodically as vacancies occur, and is available on the collegenetwork Common Drive.TITLE IX COORDINATORCurry students, employees and visitors also may contact the College’s Title IX Coordinatorto address questions about sexual harassment, sexual violence, or unlawful discrimination.They may also bring a complaint for violations of this policy directly to the Title IXCoordinator.Title IX CoordinatorSusan PenniniDean of Institutional PlanningKing Academic Buildingspennini@curry.edu617 333 2165STATE AND FEDERAL AGENCIES.In addition to the above, if you believe you have been subjected to sexual harassment orunlawful discrimination, you may file a formal complaint with either or both of thegovernment agencies set forth below. Using our complaint process does not prohibit youfrom filing a complaint with these agencies.1. The United States Equal Employment Opportunity Commission (“EEOC”)One Congress StreetBoston, MA 02114(617) 565 32002. Massachusetts Commission Against Discrimination (“MCAD”)Boston Office:Springfield Office:One Ashburton Place 424 Dwight StreetBoston, MA 02108 Springfield, MA 01103(617) 727 3990 (413) 739 21458