Sexual Harassment and Sexual Assault Policy
It is the policy of the Institute to ensure that all employees and students work and learn in a positive and productive educational environment that is free from sexual harassment or activities that can be viewed as such. It is expected that all employees and students will act responsibly to establish an environment free of sexual harassment.
Definition of Sexual Harassment in Massachusetts: 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 as a term or condition of employment or as a basis for employment decisions, such as promotions, scheduling vacations, etc.; or (b) such advances, requests, or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating, or sexually offensive work environment.
Sexual harassment may occur regardless of the intention of the person engaging in the conduct. While it is not possible to list all those circumstances that constitute sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment, depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:
- sexual advances whether or not they involve physical touching;
- requests for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increase, promotions, increased benefits, or continued employment;
- sexual jokes;
- use of sexual epithets, written or oral references to sexual conduct, gossip regarding one’s sex life, comment on an individual's body, comment about an individual’s sexual activity, deficiencies, or prowess;
- displaying sexually suggestive objects, pictures, cartoons;
- leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
- inquiries into one's sexual experiences;
- discussion of one's sexual activities; and
- assault or coerced sexual acts.
Either sex may be the harasser. Any student who feels he or she has been sexually harassed has several ways to make his or her concerns known:
- If the student can comfortably do so, he or she should inform the person engaging in the harassment that the conduct is offensive and must stop.
- If the student doesn't wish to communicate directly with the person or if such communication hasn't brought results, the student has the right to file a complaint with the Office of Student Affairs (OSA). This may be done in writing or verbally by contacting the Dean of Student Affairs.
Sexual Harassment Investigation and Corrective Action
When a complaint is received, the Office of Student Affairs will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will include a private interview with the person filing the complaint as well as the person alleged to have committed sexual harassment. When we have completed the investigation, we will inform the interested parties of the results of that investigation, but it shall not be otherwise disclosed unless required by law.
Disciplinary Procedure for Sexual Assault
To report an incident of sexual assault, contact the OSA to discuss options and procedures.
If a formal complaint is filed with OSA, the Dean of Student Affairs will:
- Notify the accused.
- Conduct an investigation.
- Make a finding on the complaint and determine the appropriate sanction.
If appropriate, both the accused and the accuser are entitled to:
- Appear in person.
- Have others present during the disciplinary proceeding.
- Identify witnesses and character references to be interviewed in their defense or as part of the fact-finding process.
- Be informed of the outcome (the final determination and sanction imposed) of a disciplinary proceeding. This does not constitute a violation of the Family Educational Rights and Privacy Act. Both the accuser and the accused shall be instructed that the outcome is confidential.
The entire process will be conducted in a reasonable amount of time, usually not to exceed 15 business days. The finding and outcome will be communicated in writing to both the accused and the accuser.