Equal Opportunity and Anti-Harassment Complaint Procedures
University of Massachusetts Dartmouth

Section I - University Policy and Campus Responsibility

These procedures are designed to implement the University's policies which require equal opportunity for all members of the University community and prohibit harassment of any member of the University community. Pursuant to Board of Trustees policies (Doc. T92-034 and T92-037), the University is committed to enforcing the requirements of applicable federal and state laws, including but not limited to Title VII of the Civil Rights Act of 1964 and Chapter 151B of the Massachusetts General Laws.

Furthermore, it is the policy of the University of Massachusetts to promote a University community that is free of harassment of any type, including sexual harassment. Harassment consists of unwelcome conduct, whether verbal or physical, that is based on a characteristic protected by law, such as sex, race, color, national origin, religion, age, disability, veteran status and/or sexual orientation. The University will not tolerate harassing conduct that affects employment or educational conditions, that interferes unreasonably with an individual's school or work performance, or that creates an intimidating, hostile, or offensive work or school environment.

Harassment of employees or students occurring on campus, in connection with work-related travel, and/or at University sponsored events will not be tolerated. Furthermore, retaliation against an individual who has complained about harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated.

The University takes allegations of harassment and violations of equal opportunity seriously and will respond promptly to complaints. Where it is determined that inappropriate conduct has occurred, the University will act promptly to eliminate the conduct and will impose corrective action as necessary, including disciplinary action where appropriate, which may include termination of employment or school-related discipline. Each campus is responsible for disseminating and enforcing the policy and procedures so that each member of the University community is aware of the policy and held responsible for his/her behavior.

Section II - Definitions

Equal Opportunity

"Equal opportunity" means the right to enjoy equal opportunity in employment, admission to, and participation in the University's programs and activities, the provision of University services, and the selection of vendors who provide services or products to the University, without regard to an individual's race, color, religion, sex, age, sexual orientation, national origin, disability, or veteran status.

Harassment

"Harassment" means unwelcome conduct, whether verbal or physical, that is based on a characteristic protected by law. Harassment includes, but is not limited to:

1. display or circulation of written materials or pictures that are degrading to a person or group as previously described; and
2. verbal abuse or insults about, directed at, or made in the presence of an individual or group as previously described.

Sexual Harassment

"Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic work;
2. submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working or academic environment.

Under these definitions, direct or implied requests by a faculty member, supervisor or other individual in a position of work or school authority for sexual favors in exchange for actual or promised job or school benefits such as favorable reviews, salary increases, promotions, increased benefits, continued employment, better grades, recommendations or other advantages constitute sexual harassment.

The definition of sexual harassment is broad. In addition to the above examples, other unwelcome sexually oriented conduct, whether intended or not, that has the effect of creating a school or work environment that is hostile, offensive, intimidating or humiliating to either male or female students or employees also may constitute sexual harassment. Such conduct may include, but is not limited to, sexual epithets, jokes, comments, inquiries or gossip regarding one's sex life or sexual activity; displaying sexually suggestive objects, pictures or cartoons; and unwelcome leering, whistling, or brushing against the body or sexual gestures.

Unwelcome conduct may be considered harassment or sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness.

Retaliation

An individual who has engaged in a protected activity is protected against retaliation. A protected activity consists of the following: 1) opposing a practice made unlawful by one of the employment discrimination statutes; or 2) filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute.

Section III - Complaint Procedures

1. Responsible Persons and Covered Individuals
   1. All members of the University community are responsible for avoiding, discouraging and reporting any form of harassment or discrimination.  The primary responsibility for ensuring that a proper investigation and resolution of discrimination or harassment complaints rests with the Assistant Chancellor for Equal Opportunity, Diversity, and Outreach (hereinafter, Assistant Chancellor/EO) or designee, who will administer the policy and procedures described herein.
      1. The Assistant Chancellor/EO or designee will receive complaints, advise complainants and respondents about the University's procedures and options for responding to complaints, conduct investigations, and determine its findings.
      2. The Vice Chancellors, Associate Chancellors, and Assistant Chancellors (hereinafter, Vice/Associate/Assistant Chancellors), working with the Assistant Chancellor/EO or designee, will see that all supervisors on the Dartmouth campus receive information and are offered training concerning discrimination and harassment.  In addition, the Vice/Associate/Assistant Chancellors have other responsibilities as described herein.
   2. These procedures are available to any member of the University community who believes that he or she has been discriminated against or harassed.  In addition, applicants; visitors; guest lecturers; contractors, their agents and employees may use these procedures where applicable to bring complaints against members of the University community whom they believe have engaged in discrimination or harassment in the course of the educational, work or other official activities of the University, such as sporting events or lectures.  Members of the University community consist exclusively of students, faculty, and other full and part-time employees of the University of Massachusetts Dartmouth.  These procedures are available regardless of whether the person alleging discrimination or harassment (the "complainant") has filed a complaint with any outside agency or court.
   3. The Vice Chancellor for Student Affairs will be notified whenever the person accused of discrimination or harassment (the "respondent") is an undergraduate student.  If the respondent is a graduate student, the Vice Chancellor for Academic Affairs/Associate Vice Chancellor of Graduate Studies will be notified.  Whenever the respondent is an undergraduate or graduate student, the University reserves the right, in the sole discretion of the Assistant Chancellor/EO or designee (but in consultation with the complainant), to follow the investigation and hearing procedures described in the Student Code of Conduct and Student Judicial Code instead of and in lieu of these procedures.
   4. Those found to be in violation of the University of Massachusetts' discrimination or harassment policy will be subject to disciplinary sanctions.  Disciplinary sanctions shall be based on the nature and severity of the offense as well as any record of prior disciplinary action imposed on the respondent.  In general, sanctions may include, but are not limited to, one or more of the following: public apologies, public reprimands, written warnings, letters of reprimand, attendance at appropriate workshops, and, in the case of employees, suspension, denial of merit pay for a specified period of time, involuntary demotion, removal from administrative or supervisory duties, and/or termination of employment.  Students may also be issued oral reprimands, put on disciplinary probation, suspended from the residence halls and/or the University for a stated period of time, and/or expelled from the residence halls and/or the University.
      In investigating complaints under this procedure, the University may impose discipline for inappropriate conduct without regard to whether the conduct constitutes a violation of the law and may take corrective action even if the conduct does not rise to the level of violating the University's equal opportunity and anti-harassment policies. 
2. Initiating Complaints
   1. Prompt reporting of discrimination or harassment is in the best interest of the entire University community and is essential to a fair, timely and thorough investigation. Accordingly, all complaints must be filed within 180 calendar days of the action that prompts a complaint.
   2. Notwithstanding any provision of this policy, the University reserves the right to investigate and take action on its own initiative in response to behavior and conduct which may constitute discrimination or harassment or otherwise be inappropriate, regardless of whether an actual complaint has been filed.
   3. Attorneys are not permitted to be present or participate in the complaint procedures.
   4. Initiating the Process:  In order to initiate a proceeding under this policy, the aggrieved individual(s) must first file an oral or written complaint with the Assistant Chancellor/EO or designee.  The complainant initiates a filing process by meeting with the Assistant Chancellor/EO or designee who will explain the complaint procedures.  When initiating the complaint process, the complainant should provide the following information:
      1. all relevant facts, including the date(s) of the occurrence(s), the identity of all parties, the location(s) and circumstances of the behavior at issue, and any other information the complainant feels is relevant;
      2. the specific nature of the discrimination or harassment involved in the complaint;
      3. other individuals who might be aware of or have knowledge of the situation;
      4. what actions, if any, the complainant has taken as a result of the incident(s); and
      5. what remedy or relief is being sought (although the imposition of any particular remedy is in the discretion of the University).
3. Complaint Investigation 
   1. After the complainant has provided the appropriate information, the Assistant Chancellor/EO or designee will conduct an investigation as appropriate to determine whether there has been a violation of the University's policy.  All individuals (i.e., employees, students, contractors, visitors) are expected to fully cooperate in the procedure.  An unwillingness to cooperate by an individual may result in a sanction(s).  The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  When the Assistant Chancellor/EO or designee has completed the investigation he/she will, to the extent appropriate, inform the person filing the complaint and the respondent of the results of that investigation.
   2. If the Assistant Chancellor/EO or designee determines that inappropriate conduct has occurred, he/she will recommend corrective action to the appropriate Vice/Associate/Assistant Chancellor in the case of a student, or to the individual's supervisor and the Vice/Associate/Assistant Chancellor responsible for the appropriate work unit in the case of an employee.  Disciplinary or other action will be approved by the appropriate Vice Chancellor consistent with Section III, (A) (4) of the Equal Opportunity and Anti-Harassment Complaint Procedures.
   3. Any individual who is aggrieved by disciplinary action imposed as a result of an investigation may, within ten working days of the imposition of the action by the appropriate Vice Chancellor, file a written appeal to the Chancellor.  The Chancellor or designee will review the results of the Assistant Chancellor/EO or designee's investigation, the decision of the Vice Chancellor, and the discipline imposed and will make a final decision regarding the discipline.  Nothing in these procedures is intended to interfere with the right of any member of the University community to utilize other applicable grievance or appeal procedures following the imposition of corrective action.
   4. Not all discrimination or harassment complaints require a detailed investigation process. Some complainants may wish to explore informal alternatives, which may involve, but are not limited to, one or more of the following:
      1. the Assistant Chancellor/EO or designee may counsel the complainant concerning options for responding to the problem on his/her own initiative, for example through oral or written communication with the respondent or the respondent's department head/supervisor (in the case of an employee) or an appropriate administrator (in the case of a student);
      2. the Assistant Chancellor/EO or designee may arrange for a meeting(s) and/or distribution of relevant policy statements and/or other forms of educational materials to the appropriate department, residential area, etc.;
      3. if both complainant and respondent agree, the Assistant Chancellor/EO or designee may arrange and facilitate a meeting between the parties in an attempt to reach a mutually acceptable resolution; or
      4. other options may be pursued which are consistent with applicable laws and/or University policies and procedures.
   5. It is the intention of the University that the process described herein be the sole process for investigating complaints of discrimination or harassment.  Nothing in these procedures is intended to interfere with the University's right to investigate and take appropriate action with respect to any other conduct or behavior.
   6. The University reserves the right to discipline members of the University community who bring false complaints of discrimination.  No complaint will be considered "false" solely because it cannot be corroborated.
   7. These procedures may be modified, revised or amended at the discretion of the University.

Section IV - State and Federal Remedies

In addition to the above, employees who believe they have been subjected to harassment may file a complaint with the respective state agency and/or the United States Equal Employment Opportunity Commission (EEOC). Using the University's complaint process does not prohibit an employee from filing a complaint with these agencies. Each agency has a specific time period for filing a claim: the EEOC allows 300 days (may be longer in some circumstances); and the Massachusetts Commission Against Discrimination (MCAD) allows 300 days from the alleged incident or when the complainant became aware of the incident.

The United States Equal Employment Opportunity Commission (EEOC)

John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Phone 1-800-669-4000
Fax 617-565-3196
TTY 1-800-669-6820
[www.eeoc.gov]

The Massachusetts Commission Against Discrimination (MCAD)

Boston Office:

One Ashburton Place, Room 601
Boston, MA 02108
Phone 617-994-6000
TTY 617-994-6196
[http://www.mass.gov/mcad]

Springfield Office:

436 Dwight Street, Room 220
Springfield, MA 01103
413-739-2145

Students may also file complaints with the Massachusetts Commission Against Discrimination at the address listed above or with the United States Department of Education's Office for Civil Rights (OCR). The OCR allows 180 days (may be longer in some circumstances) from the alleged incident or when the complainant became aware of the incident for filing a claim.

Office for Civil Rights (OCR)
U.S Department of Education

33 Arch Street, Suite 900
Boston, MA 02110-1490
Telephone: 617-289-0100
Fax: 617-289-0151
[www.ed.gov/about/offices/list/ocr/index.html]

September 2007