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Smith College is committed to maintaining an
environment free of discrimination or forms of harassment that unreasonably interfere
with the security, well-being, or academic experience of any member of the community.
Sexual harassment on campus or in other settings related to College employment or
enrollment, is unlawful, as well as unethical, and will not be tolerated. The College
will respond promptly to formal complaints of sexual harassment, and, where it is
determined that sexual harassment has occurred, will act promptly to eliminate the
conduct and impose such corrective action as is necessary, including disciplinary
action where appropriate. This policy applies to all activities of the College, including
Smith sponsored study abroad programs.
While this policy sets forth the College’s goal
of promoting a work and educational environment that is free from harassment, the
policy is not designed or intended to limit the College’s authority to discipline
or take remedial action for conduct that the College deems inappropriate or unacceptable,
regardless of whether that conduct satisfies the legal definition of harassment.
Definition of Sexual Harassment
Both federal and state laws define and prohibit sexual
harassment in employment and in the provision of educational services to students.
In Massachusetts, the legal definition of sexual harassment is as follows: “sexual
harassment” means sexual advances, requests for sexual favors and verbal or
physical conduct of a sexual nature when:
a. submission to or rejection of
such advances, requests or conduct is made either explicitly or implicitly a
term or condition of employment or enrollment or is used as a basis for employment
or educational decisions, placement services or evaluation of academic achievement;
or
b. such advances, requests or conduct
have the purpose or effect of unreasonably interfering with an individual’s
work or educational performance by creating an intimidating, hostile, humiliating
or sexually offensive work or educational environment.
Under these definitions, direct or implied requests
by a supervisor, professor, athletic coach or trainer, or other individual responsible
for work or academic evaluations for sexual favors in exchange for actual or promised
job or academic benefits constitutes sexual harassment. Benefits include grades,
academic assignments, research opportunities, favorable reviews and recommendations,
salary increases, promotions, increased benefits and continued employment or enrollment.
Sexual harassment can occur between individuals of the
same gender and regardless of sexual orientation. The same standards that apply to
harassment between individuals of the opposite sex apply to harassment involving
individuals of the same sex.
The legal definition of sexual harassment is broad,
and, in addition to the above examples, other sexually-oriented conduct may also
constitute sexual harassment. Whether intended or not by the person engaging in the
conduct, sexually-oriented conduct that is unwelcome and has the effect of creating
an environment that is hostile, offensive, intimidating or humiliating to another
on the basis of sex may also constitute sexual harassment.
Commitment to Academic Freedom
As an academic institution, teaching, doing research,
and learning are subject to the protections of ‘academic freedom’ as
described in the College’s policy on academic freedom. (See related matters
at the end of this policy.) Actions or words used in the context of the academic
curriculum and teaching environments that serve legitimate and reasonable educational
purposes will not be evaluated as sexual harassment or other unlawful discrimination
because of the principles underlying academic freedom.
Examples of Conduct
While it is not possible to list all circumstances that
constitute sexual harassment, the following are some examples of conduct that may
constitute sexual harassment depending upon the totality of the circumstances, including
the severity of the conduct and its pervasiveness:
- Unwelcome sexual advances - whether they
involve physical touching or not;
- Threats or insinuations that a person’s
employment, wages, academic grade, promotional opportunities, classroom work assignments
or other conditions of employment or academic life may be adversely affected by
not submitting to sexual advances;
- Dissemination of sexually explicit voicemail,
email, graphics, downloaded material or web sites;
- Unwelcome sexual epithets, sexual jokes,
written or oral references to sexual conduct, gossip regarding one’s sex
life;
- Unwelcome comment about an individual’s
sexual activity;
- Displaying sexually suggestive objects,
pictures or cartoons;
- Unwelcome leering, sexual behavior, or sexual
gestures;
- Unwelcome inquiries into another’s
sexual experiences;
- Unwelcome discussion of one’s sexual
activities;
- Creating a hostile environment for others
by engaging in harassing conduct that affects the workplace, or the teaching or
research environment, or affects others’ ability to compete for grades, research
opportunities, academic or work assignments, compensation, and/or employment benefits.
In addition to the conduct described above, romantic involvement (even if consensual)
between supervisors and subordinates or between a faculty member and a student
may create a hostile environment.
Depending on the totality of the circumstances and the
nature of the complaint, the fact that a relationship began as a consensual relationship
may NOT be a defense to a claim of sexual harassment.
Informal Resolution and Opportunities to ask
Questions
An individual who believes he or she has been subjected
to sexual harassment is advised to make it clear to the offender that such behavior
is offensive. Early informal methods are often effective in correcting questionable
behavior or resolving incidents of possible harassment. See the resources link at
www.smith.edu/sao/sexualharassmentresources/ for contact information of specialists
and others who can help an individual decide what to do and, as appropriate, help
an individual through the process of both informal and formal resolution.
By bringing the matter immediately to the attention of a supervisor, the Director of Institutional Diversity and Equity, the Dean of Students, the Dean of the School for Social Work, the Associate Provost, the Associate VP of Human Resources, or the Assistant Director of Human Resources the College can assure that prompt efforts will be made to help assess the situation, and determine what informal or formal steps are necessary.
Responding to a Complainant
If you have supervisory responsibilities, as do academic
department chairs and managers, and possible harassment or other violations of this
policy are reported to you, whether or not the person making the report is personally
affected, you must immediately advise the Director of Institutional Diversity and Equity. This
reporting will result in an evaluation of how best to respond and can include informal
resolution, intervention, or filing of a formal complaint (see below).
If you are a faculty member who receives information
from a person who believes that she or he is being or has been sexually harassed
your obligation is to consult with someone who has been trained in sexual harassment
awareness and response www.smith.edu/sao/sexualharassmentresources/ Be aware that
the complainant’s interest in confidentiality and the reputation of the respondent
are of equal importance at every stage of considering information shared. Depending
on the totality of the circumstances and the nature of the complaint, and especially
if the complainant is a student, information may have to be shared with the Director
of Institutional Diversity and Equity.
Formal Complaint
An individual who believes that he or she has been subjected
to harassment may file a formal complaint with the College. This may be done in writing
or orally by contacting the Director of Institutional Diversity and Equity (413-585-2141). If
the Director is unavailable or if circumstances make it more appropriate, the complaint
may be filed with the Associate VP of Human Resources (413-585-2260), or the
Dean of Students (413-585-4940), or the Dean of the School for Social Work (413-585-7977),
or the Associate Provost (413-585-3000), or the Director of Public Safety (413-585-2490).
These individuals are also available to discuss any concerns related to sexual harassment
and to provide information about the College’s policy on harassment and its
complaint process.
Complaint Investigation
When the College receives a formal complaint, it will
promptly investigate the allegation. An investigator will determine facts that support
findings about the complaint. The investigation generally will include interviews
with: (1) the complainant; (2) the respondent; (3) witnesses (if any and if deemed
necessary by the College); and others as determined by the investigator.
All employees and students are expected to cooperate
fully in efforts to investigate and enforce this policy. When the College has completed
the investigation, the findings of the investigation will be shared with the complainant,
the respondent, and others involved to the extent appropriate.
Investigators of sexual harassment complaints include
the Director of Institutional Diversity and Equity, the Associate VP of Human Resources,
the Dean of the School for Social Work, the Dean of Students, the Associate Provost,
and the Director of Public Safety. There may be circumstances in which one of these
investigators will appoint another person to conduct the investigation.
Confidentiality
The College recognizes that confidentiality is very
important. All actions taken to investigate and resolve complaints shall be conducted
with as much privacy, discretion, and confidentiality as possible without compromising
the thoroughness and fairness of the investigation. All persons involved in an investigation
are expected to treat the process with respect and to hold information confidentially.
Information about individual complaints and their disposition will be shared only
on a “need to know” basis. However, even informal efforts to end harassment
may require that an accused harasser learn of the identity of the complainant. The
College will work closely with students or employees to ensure their ability to complete
their academic program or continue to work during all stages of handling an informal
or formal complaint of sexual harassment.
Disciplinary Action
If it is determined that an employee or student has
engaged in sexual harassment or other inappropriate conduct, the College will take
action appropriate under the circumstances. Such action may include written warnings,
required counseling, probation, suspension, termination, or expulsion, and it may
include such other forms of disciplinary action, as the College deems appropriate.
Likewise if it is determined that a complainant invoked the investigatory process
in bad faith or knowingly presented false or misleading information, appropriate
disciplinary action may be taken.
No Retaliation for Filing or Assisting with
a Complaint of Sexual Harassment
Retaliation against any individual for making a good
faith complaint of sexual harassment or for assisting in good faith in the investigation
of such a complaint is illegal and will not be tolerated. All acts of retaliation
are subject to disciplinary action. Individuals who believe they have been subject
to retaliation should immediately report their concerns to the Director of Institutional
Diversity and Equity.
Commitment to Awareness and Response Training
The College provides regular sexual harassment awareness
and response training programs for supervisors and individuals identified with responsibilities
in this policy. Additionally, the College informs the community about what constitutes
sexual harassment and our moral and ethical commitment to ending sexual harassment.
State and Federal Agency Complaints
In addition to the above, an individual who believes
he or she has been subjected to harassment may file a formal complaint with government
agencies with jurisdiction. Using the College’s complaint process does not
prohibit an individual from filing a complaint with any of these agencies. Claims
filed with MCAD or EEOC must be filed within 300 days from the date of the alleged
violation.
Massachusetts Commission Against Discrimination (MCAD)
436 Dwight Street, Rm 220
Springfield, MA 01103
Telephone: (413) 739-2145
U. S. Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Telephone: (617) 565-3200
Complaints from students may also be filed with the
U.S. Department of Education’s Office of Civil Rights within 180 days from
the date of the alleged violation.
U.S. Department of Education
Office for Civil Rights
33 Arch Street, Suite 900
Boston, MA 02110-1491
Telephone: 617-289-0111
Related Matters
Sexual Assault or Rape: http://www.smith.edu/sao/sexualassaultresources/
Statement of Principle on Sexual Relations Between Faculty
and Students, Faculty Code Appendix H: http://www.smith.edu/deanoffaculty/code
Statement of Academic Freedom and Freedom of Expression,
Faculty Code Appendix A: http://www.smith.edu/deanoffaculty/code/
This policy replaces and supersedes all prior policies
of the College on sexual harassment.
Approved by President Carol T. Christ, March 9,
2007
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Table of Contents
Mission Statement
Chapter I
General Policies
Chapter II
Employment at Smith
Chapter III Salary/Compensation
Chapter IV Benefit Administration
Chapter V
Benefited Leaves
Chapter VI General Information |
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