Timothy Murphy (Acting), Director of Equal Opportunity
572-5216
Westfield State College and the Office of Human Resources/Equal Opportunity is committed to affording all students access to all of the educational opportunities available regardless of race, creed, color, gender, age, marital status, sexual orientation, national origin, religion, veteran status, and physical disability.
The College further prohibits acts of sexual harassment, and is committed to a living and learning environment that is free from all forms of sexually abusive, harassing, or coercive conduct.
The College's policy of non-discrimination incorporates, by reference, the requirements of Federal Executive Orders 11246 and 11375 as amended; the Civil Rights Act of 1964 as amended; the Civil Rights Restoration Act of 1988; the Civil Rights Act of 1991; Title IX of the Education Act of 1972; Section 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974; and pertinent laws, regulations and executive directives of the Commonwealth of Massachusetts, including regulatory procedures set forth under Chapter 820 of the Acts of 1973, and other applicable state and federal statutes.
Students are encouraged to contact the Director of Equal Opportunity, an administrator, or faculty member with whom they feel comfortable to discuss issues of discrimination or harassment. Often, students are uncertain whether what they have witnessed or been subjected to is a violation of College policy or state/federal regulation. In these instances you are encouraged to seek counsel and advice from the Director of Equal Opportunity. However, any member of the College community who feels that they have been harassed or discriminated against is strongly encouraged to notify the Equal Opportunity Office.
For complaints of discrimination
or harassment:
(Acting) Director of Equal Opportunity
Mr. Timothy Murphy
Title IX Coordinator
333 Western Avenue, Room 202
572-5216
For complaints of accessibility to facilities:
Assistant Vice President/Administration
Dr. Curt Robie
572-5210
What Constitutes Discrimination
Discrimination is the term used to describe actions that deny to any individual the opportunity to fully participate in all of the education, student services, or employment opportunities of the College. Policies exist which prohibit discrimination based on age, race, religion, national or ethnic origin, disability, gender, or sexual orientation. It includes any condition or force which impedes the fullest utilization of the human, intellectual, and facility resources available.
Below are the categories where policies exist and some examples of the types of discrimination that are commonly practiced.
Discrimination Based on Age:
Discrimination Based on Race, Religion, National or Ethnic Origin:
Discrimination Based on Disability:
Discrimination Based on Gender and Sexual Orientation
Copies of all campus procedures, further information, and advice may be obtained by contacting the Director of Equal Opportunity, 333 Western Avenue, Room 202, x5216.
Sexual Harassment
Sexual Harassment consists of unwelcome verbal, non-verbal and/or physical behavior of a sexual nature which interferes with an individual's status, or which creates a sexually intimidating, hostile or offensive environment.
It is possible that a single incident can be construed as sexual harassment, more common is a continual stream of behaviors that may include jokes, comments, unnecessary touching, suggestive comments, and pressure for sexual acts.
What You Can Do About Discriminating Actions
If you're not sure:
If you want to do something about it:
The College's Complaint Procedure (Personnel Policy 2070) serves as the system of review and resolution of both formal and informal claims and complaints related to the policies outlined in this section. Students are encouraged to seek advice soon after the incident in question. The ability to correct behavior or investigate is directly correlated to the time between the incident and your reporting of it.
What You Can Expect
Whether you file a formal or informal complaint, you can expect the following:
A Better Working/Living Environment: A student's living and educational environment should be free from discrimination and harassment, and by filing a complaint you should no longer be subject to this type of behavior.
No Retaliation: Retaliatory behavior will not be tolerated. In every case, the accused is advised that retaliation is as serious a violation as proven discrimination and carries corrective and disciplinary consequences.
A Report of Findings: Most complaints are investigated and resolved within fifteen (15) working days. Students who file a complaint may expect to receive a response from the Coordinator within that time, or be informed of an extension in the investigation.
Ability to Appeal Decision: Either party, upon being notified of the recommended resolution may choose to appeal the decision. The process for appeal is outlined in the Complaint Procedure Policy (Personnel Policy 2070).
SEXUAL HARASSMENT
PURPOSE
It is the purpose of this document to present a policy against sexual harassment.
POLICY
A. INTRODUCTION
1. It is against the policy of Westfield State College for any member of the
College community, male or female, to sexually harass another employee,
student or other person having dealings with the institution. The College is
committed to providing a working, living and learning environment that is free
from all forms of sexually abusive, harassing or coercive conduct. This policy
seeks to protect the rights of all members of the College community (faculty,
librarians, administrators, staff and students) and other persons having
dealings with the institution, to be treated with respect and dignity.
2. Sexual harassment is a form of behavior which fundamentally undermines the
integrity of academic and employment relationships. It is of particular concern
within educational institutions where all members of the community, but
especially students, faculty, librarians, staff and administrators, are connected
by strong bonds of intellectual interdependence and trust. Both the Federal
Courts and the Equal Employment Opportunity Commission have ruled that
sexual harassment constitutes sex discrimination as defined under Title VII of
the Civil Rights Act of 1964. Sexual harassment has also been judged to be
prohibited sex discrimination under Title IX of the Higher Education
Amendments of 1972 as amended, and under Chapters 151B and 151C of
the Massachusetts General Laws.
B. DEFINITION
1. The following definition which applies to any individual of either sex who
participates in the College community as a student, faculty member, librarian,
administrator, staff member or other person having dealings with the
institution.
2. Sexual harassment consists of unwelcome verbal, non-verbal and/or physical
behavior of a sexual nature which has the effect of interfering with student,
employment, academic or other status, or of creating a sexually intimidating,
hostile or offensive environment. Sexual harassment incidents can involve a
male harasser and a female victim, a female harasser and a male victim, or
same gender harassment.
3. Unwelcome sexual advances, requests for sexual favors and other verbal or
physical conduct of a sexual nature constitute sexual harassment when:
a. submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment or education;
b. submission to, or rejection of, such conduct by an individual is used as
a basis for academic or employment decisions affecting that individual;
or
c. such conduct has the purpose or effect of substantially interfering with
an individual's academic or professional performance or creating a
sexually intimidating, hostile or offensive employment, educational or
living environment.
4. Examples of sexual harassment may include, but are not limited to:
a. verbal harassment, or abuse,
b. subtle pressure for sexual activity,
c. sexual remarks about an individual's or group's clothing, body or
sexual activities,
d. unnecessary touching, patting or pinching,
e. demands for sexual favors accompanied by implied or overt threats or
offers concerning one's job, grades, letter of recommendation, etc.,
f. physical sexual assault.
C. CONSENSUAL RELATIONSHIPS
1. Under this Policy, consenting romantic and/or sexual relationships between
faculty and student, librarian and student, administrator and student,
classified staff member and student or supervisor and employee are deemed
unprofessional. Because such relationships interfere with or impair required
professional responsibilities and relationships, they are looked upon with
disfavor and are strongly discouraged under this Policy.
2. Codes of Ethics for most professional associations forbid professional/ client
sexual relationships. In this context and for purposes of this Policy, the
professor/student relationship is properly regarded as one of professional and
client. The respect and trust accorded a professor by a student, as well as
the power exercised by the professor in giving praise or blame, grades,
recommendations for further study and employment, and other benefits or
opportunities diminish the student's actual freedom of choice such that
relationships thought to be consensual may in fact be the product of implicit
coercion. Many elements of the administrator/ student, librarian/student,
classified staff member/student and the supervisor/employee relationship are
similar to those of the professor/student relationship because of a similar
imbalance of power and a similar need for trust. For purposes of this Policy,
therefore, these relationships are also discouraged and looked upon with
disfavor.
3. Faculty, librarians, administrators, classified staff members and supervisors
are warned against the dangers of apparently consensual relationships. A
faculty member, librarian, administrator, or classified staff member who enters
into a romantic or sexual relationship with a student, or a supervisor who
enters into such a relationship with an employee, where a power differential
exists, must realize that, if a charge of sexual harassment is subsequently
lodged, it will be exceedingly difficult to disprove the claim on the grounds of
mutual consent. Because that is so, it should be understood that
relationships of this kind pose serious professional risks to any who enter into
them.
D. INSTITUTIONAL MEASURES TO CONFRONT SEXUAL HARASSMENT
1. Whenever it has been properly determined that sexual harassment has
occurred, the College will take prompt and corrective action including
appropriate disciplinary action. In determining whether the alleged conduct
constitutes sexual harassment, the College will look at the entire record and
the circumstances, such as the nature of the sexual conduct and the context
in which the alleged incidents occurred and will make a decision on a
case-by-case basis. The College is committed to promoting, to the greatest
degree possible, an environment free from sexual harassment. To this end,
the College will take the following steps:
a. Distribute annually the policy statement against sexual harassment to all
segments of the College community.
b. Conduct educational programs for the College community regarding
the causes, character and consequences of sexual harassment as well
as the steps available to stop such practices on the campus.
E. INSTITUTIONAL COMPLAINT PROCEDURES
1. The College's Discrimination Complaint Procedures will serve as a system of
review and resolution for both informal claims and formal complaints of sexual
harassment. Any member of the College community or any applicant for
employment who believes s/he has been a victim of sexual harassment may
initiate the informal claim or formal complaint procedures as outlined in the
College's Discrimination Complaint Procedures. Further information or advice
may be obtained by contacting the Director of Equal Opportunity.
F. RETALIATORY ACTION PROHIBITED
1. The College prohibits retaliatory action against persons who file claims,
complaints or charges under these procedures, under applicable local, state
or federal non-discrimination statutes, who are suspected of having filed such
claims, complaints or charges, who have assisted or participated in an
investigation or resolution of such claims, complaints or charges, or who have
protested practices alleged to be violative of the non-discrimination policy of
the College, the Board of Higher Education, or local, state or federal nondiscrimination
regulation or statute. Such retaliation is cognizable under
these procedures as well as under state and federal law. Retaliation, even in
the absence of provable discrimination in the original complaint, charge or
allegation, constitutes a violation as serious as proved discrimination under
the original claim, complaint, charge or allegation. Any person who believes
s/he has been retaliated against in this manner is encouraged to immediately
file a claim or complaint under these procedures.
G. OTHER ADMINISTRATIVE OPTIONS
1. It is the intent of the administration of the College to actively
respond to all claims/ complaints of discrimination with the hope that it can
fully, quickly and adequately resolve them internally. The College also
recognizes the right of all complainants to file charges of unlawful
discrimination with the appropriate federal, state or local agency with or
without first pursuing a resolution of the claim/complaint through the
College’s discrimination complaint procedures. These agencies include:
United State Office of Education/Office for Civil Rights
McCormack Post Office and Court House Building
Room 222
Boston, MA 02109
U.S. Equal Employment Opportunity Commission
One Congress Street
10th Floor
Boston, MA 02114
Massachusetts Commission Against Discrimination
One Ashburton Place
Boston, MA 02108
Massachusetts Commission Against Discrimination
436 Dwight Street
Springfield, MA 01103
REVIEW
This document will be reviewed annually by the Equal Opportunity Office.