Appendix D: Tufts University Policy on Sexual Harassment and Tufts University Policy on Consensual Relationships

A. What is Sexual Harassment?

Sexual harassment is a form of sex discrimination that violates federal and state laws and University policy. Tufts University, its agents, supervisory employees, employees, and students shall be held liable for their acts of sexual harassment and are subject to appropriate University disciplinary action and personal liability. Sexual harassment is prohibited at Tufts University.
Sexual harassment, whether between people of different sexes or the same sex, is defined to include but is not limited to, unwanted sexual advances, unwelcome requests for sexual favors, and other behavior of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term and condition of an individual's academic status or employment; or

2. Submission to, or rejection of, such conduct by an individual is used as a basis for employment or academic decisions affecting him or her; or

3. Such conduct, whether verbal or physical, has the purpose or effect of unreasonably interfering with the individual's academic or work performance or of creating an intimidating, hostile, or offensive environment in which to work or to learn.

B. Who are the Participants?

Sexual Harassment can involve:

• professor and student
• teaching assistant and student
• supervisor and employee
• instructor and instructor
• student and student
• staff member and student
• other relationships among colleagues, peers, and coworkers
• agents of the University whose activities come under University control
  

C. The Following Behavior may Constitute Sexual Harassment:

As stated by the Massachusetts Commission Against Discrimination (MCAD):
"While it is not possible to list all those additional circumstances that outline 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":

• lewd remarks, whistles, or personal reference to one's anatomy
• unwanted physical contact such as patting, pinching, or constant brushing against a person's body
• subtle or overt pressure for sexual favors
• persistent and offensive sexual jokes and comments
• persistent and unwanted requests for dates
• e-mail messages of an offensive sexual nature

What are the Consequences of Sexual Harassment to the Victim and the University?

Clearly, sexual harassment affects the victim of harassment. The student or employee may suffer a performance decline, disrupted education, disrupted relationships, etc. A student's educational goals may also be significantly affected if the student decides to avoid certain courses, change his or her area of study, or transfer to another institution.

In addition, sexual harassment impacts the University and the department(s) involved. The University and department may experience an atmosphere of fear, declining work productivity and office morale, a loss of reputation, divisiveness, rumors, etc.

The Consequences to a Person Responsible for Sexual Harassment Can Include:

• student disciplinary action
• letter of reprimand
• denial of promotion
• suspension
• demotion
• termination

D. Retaliation is Prohibited
It is unlawful to retaliate against an individual for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint of sexual harassment. Any person who retaliates against an individual reporting sexual harassment or filing a sexual harassment complaint, is subject to University disciplinary procedures up to and including expulsion or termination by the University.

Confidentiality

The University recognizes that some individuals filing complaints may want their identity to remain confidential. In some instances, the alleged harasser can be spoken to without the complainant being identified. In other cases, issues of confidentiality must be balanced against the University's need to investigate and take other action.

E. What Can You Do If You Feel You Are Being Sexually Harassed?
If you are experiencing or have experienced some form of sexual harassment, you need to know that Tufts provides several options to assist you. If you believe you are being or have been sexually harassed, you should consider taking the following steps immediately:

1. You may want to keep track of dates, places, times, witnesses, and the nature of the harassment. Save any letters, cards, or notes in a safe place.

2. Don't be led into believing that if you wait a while the inappropriate behavior will stop. Seriously consider taking immediate and appropriate action under this policy.

3. Seek the advice of or report the incident to any of the individuals listed as Sexual Harassment Resource Persons (below). These members of the community provide information about University policies on sexual harassment, assist with the informal and formal mechanisms for resolving complaints, and are responsible for reporting all complaints to the university Title IX Coordinator.

F. University Procedures for Addressing Sexual Harassment:
There are two types of resolutions that can be implemented when resolving a complaint of sexual harassment. They are Informal and Formal processes:

G. Informal Resolution:

Any member of the Tufts community who believes that he/she has been sexually harassed may first attempt to resolve the problem through discussion with the other party. When discussing the problem with that person presents particular stress or difficulties, the complainant has the right to consult with management or a University Sexual Harassment Resource Persons listed on this website. The complainant should make contact with a Sexual Harassment Resource Person for consultation and assistance with resolution of the problem on a timely basis so that the time period for filing a grievance can be met if he or she chooses to do so. The complainant has the right to institute formal proceedings at anytime during this process.

*Temporary Measures

The University may at any point in the complaint process elect to place the alleged harasser on investigative leave, reassignment or authorize other types of temporary measures while an investigation is pending. The University also reserves the right to issue stay-away orders, or no contact provisions to any or all the parties involved in the procedures.

H. Formal Resolution: The Sexual Harassment Grievance Procedure

If the problem has not been resolved to the satisfaction of the complainant through informal discussion, she/he has the right to file a grievance in accordance with the following procedure.
Where Should the Grievance be Filed?

If the person alleged to be responsible for the harassment is:

1. A staff member or an administrator - file with the Director of the Office of Equal Opportunity, the Vice President of Human Resources, or the Director of Employee Relations/Employment.

2. A faculty member - file with the appropriate Dean of college/school or the Provost

3. A student - file with the Dean of Students or the Dean of the college/school

What Should be Filed?

The grievance should be in writing and should summarize the harassment complained of, the person alleged to be responsible, and the resolution sought. A Sexual Harassment Resource Person may assist in writing the formal grievance if the complainant wishes, with the exception of the Title IX Coordinator.

When Should the Grievance be Filed?

Students:
The grievance should normally be filed within the time period specified for filing complaints in the applicable student handbook or if none is provided, then within one year. The University may extend this period if it finds that there are extenuating circumstances.

Staff/Faculty:
The grievance should normally be filed within (90) ninety days of the incident(s). The University may extend this period if it finds that there are extenuating circumstances.

How Will the Grievance be Processed?

Students:
If the person alleged to be responsible for the harassment is a student, the grievance will be processed according to the student's specific school/college disciplinary procedure.

Staff/Faculty:
1. If the alleged harasser is a staff member, administrator, or faculty member, the person with whom the grievance is filed, if other then the Director of OEO, will notify the Director of OEO of the complaint within five (5) working days of receiving the written grievance.

2. The Director of OEO, upon receiving the grievance, will immediately notify the charged party of the complaint and request that he/she submit a written response to the charges within ten (10) working days. Response to a complaint is required and will be pursued to see that it is obtained in a timely fashion.

3. Upon receiving the written response from the charged party, the OEO Director will attempt to resolve the situation through discussion, investigation, hearing or other steps that he/she feels is necessary. The OEO Director may appoint a panel to further investigate and review the matter (although this is not a requirement). The complainant will be informed by the Director (or his/her designee) of any action to be taken.

Investigation by Panel: If a panel is utilized, the findings and recommendations of the panel will be sent to the President. A panel may include staff, faculty, or students (when involving a student complaint). The President or his/her designee will review the panel's findings and recommendations and other facts relating to the grievance, and will communicate results of the investigation to both parties in writing. A decision of the President is binding and shall not be subject to review under any other grievance procedure in effect at Tufts University.

Within the constraints of the academic schedule, the University will strive to conclude the investigation within thirty (30) working days from the date the original grievance was filed.
*Note: the time limits mentioned on this webpage are intended as reasonable amounts of time for specific activities to occur. The appropriate University officials may adjust the time lines for extenuation circumstances that will further ensure a fair and equitable process for all parties.
Central Reporting & Coordination - Title IX regulations of the Education Amendments of 1972 require all University personnel to report any case of sexual harassment whether resolved informally or formally through the grievance procedure to the University's Title IX coordinator. (The role and responsibilities of the Title IX coordinator are assigned to the Director of the Office of Equal Opportunity as noted under the section entitled Where to Find Help on this website.) Such reports should not include the names or identities of the persons involved. They should include, however, a description of the complaint and the schools or administrative units with which the participants are affiliated. Reports from decentralized areas will allow the Title IX coordinator to identify patterns of frequency in a particular area or location within the University and report these findings to the President on an annual basis and to coordinate compliance with federal regulations.

Where To Find Help?

I. The following is a list of the Sexual Harassment Resource Persons available to the University community:

(For official titles of the contacts listed below, please go to http://directory.tufts.edu)
Office of Equal Opportunity 617 627-3298
Yves-Rose SaintDic, OEO Director, Title IX Coordinator 617 627-3298
Christy Galatis, OEO Specialist 617 627-3298

Boston Campus
Human Resources
Linda Cataldo, Director of Employee Relations/Employment 617 636-6600

School of Medicine
Janet Kerle, Associate Dean of Students 617 636-6534
Colleen Romain, Director of Student Programs and Minority Affairs 617 636-6576

School of Dental Medicine
Patricia Campbell, Executive Associate Dean 617-636-0909
Donna Carey, Associate Director Student Affairs 617 636-0882 (on leave from 10/04-1/05)

Gerald J. and Dorothy R. Friedman School of Nutrition Science and Policy
Lynne Ausman, Professor of Nutritional Biochemistry and Dean of Students 617 636-3712

Grafton Campus
Human Resources
Linda Cataldo, Director of Employee Relations/Employment 617 636-6600
Lucia Hackett, HR Representative 508 839-7975

School of Veterinary Medicine
Mary Rose Paradis, Associate Professor 508 839-5395
Martha Pokras, Executive Associate Dean 508 839-5302

Medford Campus
Asian American Center
Linell Yugawa, Director 617 627-3056

Dean of Students Office
Bruce Reitman, Dean of Students 617 627-3158
Veronica Carter, Assistant Judicial Affairs 617 627-3158
Marisel Perez, Associate Dean 617 627-3158

Experimental College
Robyn Gittleman, Director 617 627-3384

The Fletcher School
Nora Moser, Student Academic Programs 617 627-2405
Gerard Sheehan, Executive Associate Dean 617 627-5997

Human Resources
Kathe Cronin, VP Human Resources 617 627-3271

Latino Center
Ruben Salinas Stern, Director 617 627-3363

Lesbian, Gay, Bisexual and Transgender Resource Center
Dona Yarbrough, Director 617 627-3770

Office of Diversity Education and Development
Margery Davies, Director of Diversity Education and Development 617 627-3385

University Police
Chuck Lonero, Lieutenant 617 627-3969
Sonya Rodrigues Chin, Lieutenant 617 627-5274

Women's Center
Peggy Barrett, Director 617 627-3184

While not serving as Tufts University Sexual Harassment Resource Persons, the Individuals listed below may offer confidential support, guidance and counseling:

Health Science Counselor
Deborah Quinn, Director 617 636-2700

Campus Chaplains
Rev. Steven Bonsey, Chaplain 617 627-3427
Father David O'Leary, Chaplain 617 627-3427
Rabbi Jeffrey Summit, Chaplain 617 627-3427

Counseling Center
Dr. Luanne Grossman, Sr. Staff Psychologist 617 627-3360
Dr. Jonathan Slavin, Director 617 627-3360

Health Services Psychiatrist
Dr. Andrew Gouse, Consultant Psychiatrist 617 627-3350

For the Student Community:

Complaints of sexual harassment may be filed directly with the US Department of Education:

OFFICE FOR CIVIL RIGHTS
Post Office Square
Boston, MA 02109 (617) 223-9662
(Statute of Limitations = 180 days)

For University Employees:

Inquiries concerning sexual harassment may be directed to:

Equal Employment Opportunity Commission
JFK Building-Room 475
15 New Sudbury Street
Boston, MA 02203 (617) 565-3200
(Statute of Limitations = 300 days)

Massachusetts Commission Against Discrimination
One Ashburton Place
Boston, MA 02108 (617) 727-3990
(Statute of Limitations = 300 days)

Sexual Assault Policy

The University supports the right of the victim/survivor of a sexual assault to decide how best to utilize various University, community, private, and public remedies to address crimes of sexual assault. Within the University, instances of sexual assault may be reported to the following offices:

For students:
Office of the Dean of Students 617 627-3158

For Staff/Faculty:
The Office of Equal Opportunity 617 627-3298

Instances of sexual assault may also be reported to the Tufts University Police Department:

Medford Police Department: 617 627-3030
Boston Police Department: 617 636-6610
Grafton Police Department: 508 839-5303