Institutional Policy on Discrimination and Harassment

Assumption University, a Catholic institution sponsored by the Augustinians of the Assumption and rooted in the Catholic intellectual tradition, strives to form graduates known for critical intelligence, thoughtful citizenship and compassionate service. We pursue these ambitious goals through a curriculum grounded in the liberal arts and extending to the domain of professional studies. Enlivened by the Catholic affirmation of the harmony of faith and reason, we aim, by the pursuit of the truth, to transform the minds and hearts of students. Assumption favors diversity and ecumenically welcomes all who share its goals.

The University recognizes the essential contribution of a diverse community of students, faculty and staff. Accordingly, Assumption University commits itself to maintaining a welcoming environment for all people and to complying with all state and federal laws prohibiting discrimination in employment and its educational programs on the basis of race, color, national origin, sex, religion, disability, age, marital or parental status, sexual orientation, genetic information or family medical history, military status, or other legally protected status.

Assumption University rejects and condemns all forms of harassment, wrongful discrimination and disrespect. It has developed procedures to respond to incidents of harassment whatever the basis or circumstance. The University does reserve its lawful rights where appropriate to take actions designed to promote the Catholic, Assumptionist principles that sustain its mission and heritage.

Assumption University has designated its Director of Human Resources to coordinate its efforts to comply with and carry out its responsibilities to prevent discrimination in accordance with state and federal laws, including Title VI, Title IX, Section 504 and the ADA. Any applicant for admission or employment, and all students, faculty members and employees, are welcome to raise any questions regarding this notice with the Director of Human Resources:

Assumption University
500 Salisbury Street
Worcester, MA 01609
Phone: 508-767-7172

The Director of Human Resources oversees compliance with Title IX and the efforts of Athletics Title IX Coordinator, the Senior Women’s Administrator, reachable at 508-767-7086. In addition, any person who believes that an act of unlawful discrimination has occurred at Assumption University may raise this issue with the Assistant Secretary for Civil Rights of the United States Department of Education.

The educational process at the University is based on mutual trust, freedom of inquiry, freedom of expression, and the absence of intimidation and exploitation. Such an atmosphere of respect and regard for individual dignity among members of the academic community is essential if the University is to function as a center of academic freedom and intellectual advancement. In addition, the University has a compelling interest in assuring the provision of an environment in which learning and work may thrive. Such an environment requires free and unfettered discussion of the widest possible nature, one which encourages expression of all points of view.

The University recognizes that the academic setting is distinct from the workplace in that wide latitude is required for professional judgment in determining the appropriate content and presentation of academic material.

Legal Basis

The following definitions of harassment are provided with reference to and are intended to be inclusive of the provisions of federal and local civil rights acts including Titles VI and VII of the Civil Rights Act, Title IX of the Educational Amendments of 1972, the Civil Rights Restoration Act of 1988, as well as applicable state and case law.

Harassment

Harassment is verbal or physical conduct that denigrates or shows hostility or aversion to an individual based on their race, color, religion, national origin, age, sex, sexual orientation or disability, military status or such other
characteristic recognized by law as unacceptable by an individual or by that individual’s relatives, friends, or
associates if the conduct also includes one or more of the following:

1. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment;
2. Has the purpose or effect of unreasonably interfering with an individual’s work performance;
3. Otherwise adversely affects an individual’s employment opportunities;
4. Has the purpose or effect of creating an intimidating, hostile, or offensive study, learning, or living environment;
5. Has the purpose or effect of unreasonably interfering with an individual’s study, learning, or living experience; or
6. Otherwise adversely affects an individual’s educational opportunities.

Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when: (1) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s academic or employment standing, or (2) 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 or academic environment.

Sexual harassment occurs in a variety of circumstances that tend to share a common element, which is the introduction of sexual conduct or comments in the work or educational setting. Often, sexual harassment involves relationships of unequal power and contains elements of coercion, as when compliance with requests for sexual favors or sexual attention becomes a condition of employment, work, education, study or benefits. Sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal or physical behavior have a detrimental effect on a person’s ability to study or work at the University.

While it is not possible to list all those circumstances that constitute sexual harassment, the following are some examples:

1. Unwelcome sexual advances whether they involve physical touching or not;
2. Requests for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment; implied or overt promises or threats concerning an individual’s academic status;
3. Unwelcome sexual jokes, use of sexual epithets, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s sexual activity, deficiencies, or prowess;
4. Unwelcome letters, notes, telephone calls, or electronic communications;
5. Displaying sexually suggestive objects, pictures, cartoons; unwelcome leering or whistling; brushing against the body; sexual gestures; suggestive or insulting comments.

Harassment/Discrimination Complaint Procedures

Complaints that may be addressed under this policy include complaints based on the conduct of University students, faculty, administrative and staff members and other persons acting in official University capacities.

If any member of the Assumption University community believes they have been subjected to discrimination or sexual harassment or believes they have witnessed discrimination or sexual harassment, it is the University’s policy to provide that member with the right to file a complaint. This may be done in writing or verbally. However, official allegations must be filed in writing as outlined below.

When the complaint is received, it will be promptly investigated. The investigation will include a private interview with the person filing the complaint and with witnesses. Also, the investigation will include a private interview with the person alleged to have committed a discriminatory act or sexual harassment.

Complaints of sexual harassment shall be filed with:

Director of Human Resources
Alumni Hall, Room 109, 508-767-7318

Other appropriate individuals may include:

General Counsel
La Maison Francaise, 508-767-7156

Executive Vice-President
Alumni Hall, Room 108, 508-767-7424

Official allegations of harassment or discrimination are to be made to the Director of Human Resources in writing within 180 calendar days of the allegedly harassing or discriminatory event. The complaint must include the following information: name, address, and telephone number of the complainant; the nature of the complaint; date(s) and location(s) of the alleged occurrences(s); evidence on which the complaint is based; and the redress sought by the complainant.

The Director of Human Resources shall have 20 calendar days in which to conduct an investigation of the complaint. The Director of Human Resources may act as investigator or may arrange for another individual to act as investigator in the matter. The investigator shall be familiar with the appropriate sanctions that might be imposed against the individual against whom the complaint is made in the event that harassment or discrimination is found to have occurred. The investigator’s report will be provided to a University officer or supervisor with the requisite authority to impose such sanctions.

The purpose of the investigation is to establish: (1) whether there is a reasonable basis for believing that the alleged violation of the policy has occurred; (2) the factual circumstances surrounding the claim; and (3) the appropriate sanction to be imposed on an individual found to have engaged in prohibited conduct. The investigator shall promptly provide the person against whom the complaint is made with a copy of the formal complaint and shall notify the appropriate University officer or supervisor of the nature of the complaint and of the identity of the parties.

In conducting the investigation, the investigator may interview the complainant, the person against whom the complaint is made, and any other persons believed to have pertinent factual knowledge. At all times, the investigator shall take steps to maintain strict confidentiality. The parties and any notified University officer or supervisor shall maintain strict confidentiality as well.

The investigator shall be in communication with the complainant until the complaint is resolved. The complainant shall be informed of general actions taken, but shall not be informed of specific conversations held with the person against whom the complaint is made.

Upon the expiration of the 20 calendar day period the investigator shall have an additional 10 calendar days to produce a written report summarizing the findings of fact and providing recommendations as to the appropriate administrative action to be taken. This report will be provided to the parties, to the appropriate University officer or supervisor and to the President of the University. If sanctions are imposed, this report will become a part of the personnel file of the individual against whom the complaint was made.

Recommended sanctions may include, but are not limited to, written reprimand of the person against whom the complaint is made, suspension or dismissal of the person against whom the complaint is made, a change of grade or other academic record, a change of course section, a change of reporting line for an employee, or any other appropriate sanction(s) under the circumstances.

A complaint may also be brought by a person outside the University community if the alleged offense occurred with regard to application for admission as a student, to inquiry or application for employment, to bidding for contracts by individuals or company representatives, or to any other official action by a member of the University community. Such complaints shall be to the Director of Human Resources.

Appeals

If either party disputes the findings or is dissatisfied with the procedures or recommendations of the investigator’s report, the party may appeal such findings by filing a written appeal with the President of the University within 15 calendar days of receipt of the written report. The President of the University will review the record of the matter and will reach a final determination as to any action to be taken within 10 calendar days of receipt of the appeal.

The determination of the President of the University is final and may only be addressed further by petition to the appropriate grievance committee of the party who remains dissatisfied or who continues to be accused.

Victims of discrimination or sexual harassment or those individuals who have witnessed an act of discrimination or sexual harassment, in addition to the right to file a complaint, may also seek advice from the Director of Human Resources, Alumni Hall, Room 109, 767-7318. The Director of Human Resources is available to discuss any concerns one may have and provides information about the policy on discrimination and sexual harassment and the complaint process. The Director will work with individuals to find a way of resolving concerns in an informal manner acceptable to the victim and in a manner which would offer as much privacy and confidentiality as possible.

State and Federal Remedies

In addition to the above, if you believe you have been subjected to harassment, you may file a formal complaint with either or both of the following government agencies:

United States Equal Opportunity Commission
One Congress Street
10th Floor, Room 1001
Boston, MA 02114
617-565-3200

Massachusetts Commission Against Discrimination
424 Dwight Street
Springfield, MA 01103
413-739-2145

or

One Ashburton Place, Room 601
Boston, MA 617-727-3990

Anti-Retaliation Statement

Retaliation of any kind against anyone filing a complaint of harassment or discrimination is prohibited. Initiating a complaint of harassment or discrimination will not affect a complainant’s employment, compensation or work assignments or, in the case of students, grades, class selection, or any other matter pertaining to student status.

Distinguishing between harassing or discriminatory conduct and conduct that is purely personal or social without a harassing or discriminatory work or educational effect requires a determination based on all of the facts pertaining to the situation. False accusations of harassment or discrimination can seriously injure innocent people. Initiating a false harassment or discrimination complaint or initiating a harassment or discrimination complaint in bad faith may result in disciplinary action. A finding for the accused does not constitute a finding the complaint was in bad faith.

Hostile Environment in Absence of Complaint

If the University has credible notice – either direct or indirect – of possible discrimination or sexual harassment of a member of its community or notice of a sexually hostile or discriminatory environment, then it will take immediate and appropriate steps to investigate or otherwise determine what occurred and take steps reasonably calculated to end any harassment and/or discrimination, eliminate a hostile environment if one has been created, and prevent harassment and/or discrimination from occurring again.