This policy excludes claims that fall under the Title IX Sexual Misconduct Policy.
Policy Statement
Western New England University is committed to adhering to all state and federal laws prohibiting discrimination in its educational programs and activities, including in admissions and employment. The University does not discriminate on the basis of race, sex, religion, color, national origin, ethnicity, shared ancestry, age, marital or parental status, pregnancy or pregnancy-related condition, military service or veteran status, gender identity or expression, sexual orientation, disability, genetic information, or any other legally protected status. The University prohibits harassment and discrimination based on protected activities by its employees, students, and third parties in the University’s programs and activities, and will take appropriate action to end unlawful harassment, discrimination, or retaliation, prevent its recurrence, and remedy its effects.
Reason for Policy
This Policy outlines the policies and procedures by which individuals may report or make complaints of prohibited harassment, discrimination, or retaliation, other than claims that fall under the University’s Title IX Sexual Misconduct Policy.
Who is Governed by this Policy
This Policy applies to any student, faculty, staff member, or third party (e.g., visitor, vendor, service provider) who is participating or attempting to participate in the University’s education program or activity.
For purposes of this Policy, the complainant is the individual who is alleged to have been subject to discrimination, harassment, or retaliation by the respondent and who was participating or attempting to participate in the University’s education program or activity at the time of the alleged discrimination and harassment. The respondent is the person who is alleged to have violated this Policy.
Policy
The University prohibits discrimination and harassment based on legally protected status and will respond promptly and effectively to complaints of prohibited harassment and discrimination, including by taking appropriate action where it is determined that such prohibited conduct has occurred. The University also prohibits retaliation. Furthermore, the University will act promptly to end the prohibited conduct, prevent its recurrence, and remedy its effects, including by imposing such corrective action, sanctions, and remedies as necessary.
Prohibited Conduct
Discrimination: Discrimination is conduct that excludes a person from participation in, denies them the benefits of, or otherwise subjects them to adverse treatment under the University’s education program or activity on the basis of their actual or perceived legally protected status.
Harassment: Harassing conduct is unwelcome conduct based on actual or perceived legally protected status that is either:
- Subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity; or
- Done by an employee or other member of the University who explicitly or implicitly conditions the provision of an aid, benefit, or service of the University on the person’s participation in the unwelcome conduct.
Unwelcome conduct must, in most cases, consist of more than casual or isolated incidents. Whether unwelcome conduct creates or contributes to a hostile environment will be determined based on the totality of the circumstances, which may include relevant factors such as the context, nature, scope, frequency, duration, and location of the harassment; the identity, number, age, and relationships of the persons involved.; whether the unwelcome conduct is directed at a single person from multiple other people; and/or the extent to which the conduct limits or denies a person’s access to the University’s education or employment programs or activities.
Harassing acts need not always be targeted at the complainant to create or contribute to a hostile environment. The acts may be directed at anyone, and the harassment may also be based on association with others of a different race. For example, the harassment might be referencing the race of a sibling or parent, for example, that is different from the race of the person being harassed, whose access to the University’s program is limited or denied.
Unwelcome conduct includes, but is not limited to:
- Threatening written, verbal, or electronic communication
- Graffiti, flyers, posters, and other similar postings or vandalism on campus, student organizations, or on social media
- Physical assault
- Stalking, including cyberstalking
- Vandalism
- Verbal abuse
Unwelcome conduct may occur on or off campus, including on social media, and may be actionable under this policy if it creates a hostile environment in the University’s programs or activities.
Discrimination or harassment may be based on a person’s actual or perceived protected status. This means that a person could be discriminated against or harassed based on their own protected status or based on someone else’s perception that the person has a particular protected status. Discrimination and harassment may also be based on a person’s association with someone who has a protected status.
Retaliation: Intimidation, threats, coercion, or discrimination against any person by the University, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity, for the purpose of interfering with any right or privilege secured by law or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in any proceeding under this Policy. Retaliation includes Peer Retaliation, which means retaliation by a student against another student.
Reporting Harassment or Discrimination
If you have experienced or witnessed any harassment, discrimination, or retaliation prohibited under this Policy, information pertaining to this incident should be reported immediately. Reports involving students are made to the Senior Vice President for Enrollment Management and Student Life, and reports involving employees are made to the Associate Vice President of Human Resources. Anonymous reports can be made using the . In an emergency, contact Public Safety at 413-782-1411 or 911.
All employees and supervisors are required to report incidents of harassment, discrimination, or retaliation of which they have knowledge.
Resolution of Allegations of Harassment or Discrimination
The University will assess all allegations of prohibited harassment, discrimination, or retaliation promptly and equitably. Allegations may be made by the Complainant or the University may determine that it is necessary to open an investigation if the University has actual or constructive notice of alleged discrimination, harassment, or retaliation in violation of this Policy. The University’s response will be made with the goal of ending any prohibited harassment, discrimination, or retaliation, eliminating any hostile environment and its effects, and preventing such conduct from recurring.
Allegations of prohibited harassment, discrimination, or retaliation on the basis of sex, sex stereotypes, sex characteristics, pregnancy or pregnancy-related conditions, gender identity or expression, or sexual orientation will be handled under the University’s Title IX Sexual Misconduct Policy.
Note on Academic Freedom: The University is committed to the principles of academic freedom, and this Policy will be implemented in conjunction with other applicable policies related to academic freedom. The subjective perception of offensiveness, on its own, is not sufficient to constitute a Policy violation, but conduct that rises to the level of prohibited harassment, discrimination, or retaliation may be addressed by the University pursuant to this Policy.
FOR STUDENT RESPONDENTS:
For allegations in which a student is the alleged Respondent in a claim of prohibited harassment, discrimination, or retaliation under this Policy, please refer to the Student Code of Conduct.
FOR FACULTY OR STAFF RESPONDENTS:
For allegations in which a University employee is the alleged Respondent in a claim of prohibited harassment, discrimination, or retaliation under this Policy, the procedures below will apply.
Supportive Measures – Human Resources may offer to coordinate supportive measures for the Complainant or any other University member who has been impacted by alleged harassment, discrimination, or retaliation. Supportive measures are non-disciplinary, non-punitive individualized measure offered as appropriate and without fee or charge to restore or preserve access to the University’s education program or activity without unreasonably burdening the Respondent. The Complainant, the Respondent, or others may receive supportive measures during the procedures under this Policy and even where no formal or informal process has been initiated.
Advisors – During the evaluation, informal resolution process, formal resolution process, and appeal, the Complainant and the Respondent may seek assistance from one (1) advisor of the party’s choice who is a member of the University community (current student, alumnus, faculty member, or staff). The advisor’s role is to provide clarification as to process and procedure and offer general support to the party. The advisor’s role is not to defend, speak on behalf of, or otherwise advocate on behalf of, a Complainant or Respondent. The advisor will not participate in the proceedings but may observe and consult freely with the person whom they are advising.
Any advisor who, in the University’s discretion, is deemed to be disruptive or disrespectful during any proceeding will be asked to remove themselves from the process. The University will not postpone or continue a meeting because of the removal of an advisor who does not comply with the University’s participation guidelines.
1. Evaluation
Upon receiving a report of prohibited harassment, discrimination, or retaliation under this Policy, the Associate Vice President of Human Resources or designee will evaluate whether the report falls under this Policy and whether the Complainant or others need any supportive measures. Evaluation will take approximately ten (10) business days, which may be extended for good cause with written notice to the Complainant.
Dismissal – If Human Resources determines that the Complainant’s allegations, if true, would not constitute a violation of this Policy, or that the University otherwise does not have jurisdiction over the report, Human Resources will provide referrals to appropriate on or off-campus resources and dismiss the report in writing to the Complainant. The dismissal notice will include the University’s rationale for the dismissal and the actions it has taken to eliminate any hostile environment or discriminatory conduct, as applicable.
Initiating the Resolution Process – If Human Resources determines that the Complainant’s allegations, if true, would constitute a violation of this Policy and that the University has jurisdiction over the report, Human Resources will initiate the resolution process and provide notice to the Complainant and the Respondent about the allegations being investigated.
In the event that the Complainant does not want to proceed to the Resolution Process, the University will determine whether additional investigative and/or remedial steps are nonetheless necessary.
2. Informal Resolution Process
The Complainant and the Respondent may voluntarily agree in writing that the allegations will be resolved through the informal resolution process. Some examples of informal resolutions include:
- Informal mediation between the Complainant and Respondent; or
- Conducting educational programs for groups or individuals.
The purpose of the informal resolution process is to implement an appropriate solution acceptable to all parties concerned and to the University. Upon agreement to use the informal resolution process, the Associate Vice President of Human Resources, or their designee, will work with the Complainant and Respondent to reach an informal resolution. If the Respondent is a faculty member, the Dean of the respective School or College will participate in the informal resolution.
Informal resolution process will take approximately forty-five (45) business days, which may be extended for good cause with written notice to the Complainant and the Respondent.
At the conclusion of a successful informal resolution process, a memorandum of understanding will be signed by both parties and approved by the Associate Vice President of Human Resources. Such signatures will conclude the University’s resolution of the report.
If the informal process does not result in a signed memorandum of understanding or if the Associate Vice President of Human Resources determines that the informal resolution process is not appropriate, the formal resolution process will be implemented.
3. Formal Resolution Process
Upon the initiation of the formal resolution process, the Associate Vice President of Human Resources will appoint an investigator to conduct an adequate, reliable, and impartial investigation of the allegations.
During the investigation, the investigator will collect information from the parties and any witnesses, as appropriate. The parties will have an equal opportunity to present fact witnesses and any evidence for the investigator to consider. The investigator will interview all relevant parties and witnesses, compile statements, verify statements, gather documentation, and review. The investigator will evaluate all evidence, including both inculpatory and exculpatory evidence, for its persuasiveness. The investigator will also question the parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is in dispute and relevant to evaluating the allegations.
The investigator will then complete an investigative report. At the conclusion of the investigation, the University will provide the Complainant and the Respondent an opportunity to review the investigative report and submit a written response within ten (10) business days of receiving the investigative report.
After reviewing the parties’ written responses to the investigative report (if any), the investigator will determine, using a preponderance of the evidence standard, whether the alleged discrimination, harassment, or retaliation occurred. If the investigator is not persuaded under the preponderance of the evidence standard that allege discrimination, harassment, or retaliation occurred, the quantity of evidence notwithstanding, the investigator will not determine that such conduct has occurred.
The investigator will submit their investigative report and determination to the Associate Vice President of Human Resources.
The determination (which may be part of the investigative report at this stage) will include proposed disciplinary sanctions for the Respondent and remedies for the Complainant and others if the investigator determines that the alleged discrimination, harassment, or retaliation occurred. After consultation with the employee’s immediate supervisor, the Associate Vice President of Human Resources will determine and impose the final sanctions in writing to the Respondent. Disciplinary action will be taken by the Respondent’s supervisor for staff and Deans of the respective School or College for faculty.[1] The Associate Vice President of Human Resources will also determine and finalize the remedies for the Complainant and others.
The Associate Vice President of Human Resources will provide a notice of the decision, sanctions, and remedies to the Complainant and Respondent in writing. The notice of the decision will include whether a Policy violation was found, and, if so, the appropriate remedial action the University has or will take to eliminate the discriminatory conduct, to prevent its recurrence, and to address its effects on the Complainant and others.
4. Appeals Generally
Grounds for Appeal
Either party may appeal a decision and/or sanction following the conclusion of the formal process by submitting a written appeal to the Associate Vice President of Human Resources within fourteen (14) business days from the date of the notice of the decision. Parties seeking an appeal must specify the grounds for the appeal as follows:
Appeals will be considered only in one or more of the following circumstances:
- when a Respondent or Complainant deems the sanction imposed inconsistent with the gravity of the offense, except in the case of termination of employment as provided in the Western New England University Faculty handbook where review of such sanction is automatic;
- when new evidence that was not available at the time of the hearing becomes available within the above referenced fourteen (14) business day period that would affect the decision and/or sanctions; or
- when there has been a substantial and material procedural error during the hearing process that affected the decision and/or sanctions.
The Associate Vice President of Human Resources will appoint an appellate officer to review the appeal. The appellate officer may not be any individual who had previously been involved in the evaluation, the formal resolution process, or the informal resolution process of the case. The appellate officer will have the authority to:
- Affirm the decision
- Reverse the decision
- Modify the sanctions
- Remand the matter for further investigation by the investigator (only available where there is new evidence or if there has been a substantial and material procedural error).
The original decision and sanction will stand if the appeal is not timely or is not based on the grounds for appeal cited above.
The appellate officer will make their determination on the appeal in writing, which will be delivered to both parties by the Associate Vice President of Human Resources will deliver. The decision of the appellate officer is final.
The appeals process will take approximately ten (10) business days, which may be extended for good cause with written notice to the Complainant and the Respondent.
Sanctions and Interim Actions
A. Summary Suspension
The University reserves the right to take necessary and appropriate action to protect the educational environment and the safety and well-being of members of the University community. In the event that a Respondent is deemed a serious risk to the safety and security of the Complainant or the University, the University reserves the right to summarily suspend that individual (faculty and staff respondents) or emergency remove that individual (student respondents).
For faculty and staff respondents, the University reserves its right to suspend that individual with or without pay and benefits (tenured faculty can only be suspended with pay and benefits) and exclude that individual from campus, except as necessary to participate in the formal resolution.
For student respondents, the University reserves its right to remove a student on an emergency basis, subject to the opportunity for the student to appeal such decision. Students so removed will be excluded from campus, except as necessary to participate in the formal resolution under this Policy.
B. Range of Sanctions Following the Formal Resolution Process
- Dismissal: Permanent removal from employment/school and from University programs, facilities, property, and adjacent sidewalks.
- Suspension: A separation from the University for a stated period of time or until certain conditions are met. Faculty and staff may be suspended with or without pay.
- Probation: a stated period of time within which the Respondent’s rights to participate in University-sponsored activities and/or access to facilities may be limited or removed.
- Referral to Counseling or Training
- Transfer or Change in Department or Teaching Duties
- Warning
- Written Apology
- Other sanctions as determined by the University in its sole discretion.
[1] If the President of the University is the Respondent, the Chairman of the Board of Trustees will receive the Chair’s written decision and determine, with the Board of Trustees, any sanctions to be imposed on the President in accordance with the Bylaws of the University, and any remedies to the Complainant and the University community (if applicable). The decision of the Board will be final.
Documentation and Recordkeeping
The University will retain documentation regarding its implementation of this policy, including for reach incident reported: documentation for investigative steps will be kept including, documentation demonstrating each attempt to contact involved and affected parties, potential witnesses, and other affected individuals; the documentary evidence collected; documentation of supports offered; investigation reports; outcome notices; appeal documentation; a description of the final sanctions or remedies, and the date of completion.
Contact Information
The following person has been designated to handle inquiries regarding this Policy:
Associate Vice President of Human Resources
Western New England University
1215 Wilbraham Road
Springfield, Massachusetts 01119
413-782-1343
Inquiries about unlawful discrimination or harassment can also be directed to:
U.S. Department of Education, Office for Civil Rights (OCR)
Region 1
5 Post Office Square
Boston, Massachusetts 02109
617-289-0111
OCR.Boston@ed.gov
United States Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
15 New Sudbury Street
Boston, Massachusetts 02203
800-669-4000
Massachusetts Commission Against Discrimination (MCAD)
436 Dwight Street, Room 220
Springfield, Massachusetts 01103
413-784-1056
mcad@mass.gov
Document History
Policy Origination Date: February 25, 2021
Last Revised: September 17, 2024
Who Approved This Policy
Associate Vice President of Human Resources
Contact
Associate Director of Human Resources
HR Partner
Rivers Memorial