or advantage in exchange for sexual favors or gratification. Conversely, if a student/employee is denied an academic/work benefit or advantage due to the refusal to respond to, or rejection of, requests for sexual favors or gratification, he (she) is subjected to quid pro quo harassment. Or Hostile Work Environment Harassment The second form of sexual harassment is hostile classroom/work environment harassment, which is defined in Chapter 151B as: sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such advances, requests, or conduct have the purpose or effect of unreasonably interfering with an individual’s classroom/work performance by creating an intimidating, hostile, humiliating or sexually offensive academic/work environment. The law does not proscribe all conduct of a sexual nature. Only unsolicited and unwelcome conduct may create a hostile work environment. Under these definitions, direct or implied requests by an instructor or supervisor for sexual favors in exchange for actual or promised academic or job benefits such as favorable grades, reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. The legal definition of sexual harassment is broad; and, in addition to the examples previously stated, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place/academic environment that is hostile, offensive, intimidating, or humiliating to male or female workers, may also constitute sexual harassment. While it is not possible to list all those additional circumstances that may 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:
Such behavior is expressly forbidden by federal and state regulations; and, action by the federal government has established that such behaviors are actionable under the provisions of Title VII of the 1964 Civil Rights Act and the Civil Rights Act of 1991, the provisions of Title IX of the 1972 Educational Amendments, and under Massachusetts General Law, Chapter 151B, Sections 3A, 4(1), and 16A. Complaint Procedures In keeping with these regulations, a concerted effort will be made to protect employees, students, and others from sexual harassment as defined. If an incidence should arise, retaliation is unlawful against the victim or those who cooperate in the investigation of a sexual harassment complaint. The final authority and ultimate responsibility for the prevention of sexual harassment will rest with the president. The president will take all reasonable measures to prevent sexual harassment and will act positively to investigate alleged harassment and to affect remedy when an allegation is determined to be valid. However, the affirmative action officer will have the responsibility for the overall development, administration, and monitoring of all programs, policies, procedures, and regulations related to sexual harassment. Complaints about sexual harassment should be communicated orally or registered formally with the affirmative action officer, extension 160. The college’s policies and complaint procedures on sexual harassment are well-publicized to students and employees; these policies and procedures are detailed in student handbooks and employee pamphlets. All employees will be given a copy of the policy statement on sexual harassment on or before November 15th, on an annual basis. New employees will receive a copy at the onset of their employment. In addition to formal procedures, the college shall insure that appropriate opportunities are available to students and employees to obtain counseling concerning their rights under the law and effective means of informally resolving grievances.
When employees or students feel their equal opportunity rights have been breached, the grievance process is a mechanism for resolution. When a complaint is filed, it will be promptly investigated in a fair and expeditious manner to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate. A neutral investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation will include a private interview with the person filing the complaint, with any witnesses, and with the person alleged to have committed the sexual harassment. When the investigation is completed to the extent appropriate, the person filing the complaint and the person alleged to have committed the conduct will be informed of the results of the investigation. If it is determined that 251 MWCC 2012-2013 College Catalog & Student Handbook
Unwelcome sexual advances, whether they involve physical touching or not; dissemination of sexually explicit voice mail, email, graphics, downloaded material or websites; sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comments on an individual’s body, comments about an individual’s sexual activity, deficiencies, or prowess; displaying sexually suggestive objects, pictures, cartoons; unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments; inquiries into one’s sexual experiences; and, a discussion of one’s sexual activities.