Massachusetts State Universities Equal Opportunity, Diversity and Affirmative Action Plan

Relevant Excerpt

4.1.3 Discriminatory harassment.

A form of prohibited discrimination including verbal and/or physical conduct based on membership, association with, or perceived membership in a protected class that: (1) has the purpose or effect of creating an objectively intimidating or hostile work or educational environment; (2) has the purpose or effect of unreasonably interfering with an individual’s work or educational opportunities; or (3) otherwise unreasonably adversely affects an individual’s employment or educational opportunities.

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4.1.3.1 Hostile Environment Harassment

Hostile environment harassment is a form of discriminatory harassment where: 

• the complainant is an actual or perceived member of a protected class, or associated with a member of a protected class; 

• the complainant was subjected to conduct directed at said protected class; 

• the harassing conduct was subjectively offensive (i.e., unwelcome) and objectively offensive; and 

• considering the totality of the circumstances, the conduct was sufficiently severe or pervasive that it altered conditions of employment or education by creating an intimidating, hostile, or humiliating environment.

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[A]ny form of speech or conduct that is protected by the principles of academic freedom or the First Amendment to the United States Constitution is not subject to this Policy.

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4.3.1 Sex-Based Harassment or Harassing Conduct Otherwise Based on Sex

A form of sex discrimination that includes sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity; that is quid pro quo harassment, hostile environment harassment based on sex and/or of a sexualized nature; or one of four specific offenses: 1. sexual assault 2. domestic violence 3. dating violence 4. stalking

Some examples of conduct that may be considered sex-based harassment, all of which are prohibited when they are part of conduct that meets the standard for discriminatory harassment set forth in 4.1.3.1 (Hostile Environment Harassment) and 4.1.3.2 (Quid Pro Quo Harassment), include, but are not limited to:

• Example 1: (Quid Pro Quo) A professor promises a student that he will give the student a better grade if he agrees to go out on a date with him. The student goes on the date and is given the better grade, or the student does not go on the date and does not receive the better grade; 
• Example 2: (Quid Pro Quo) A manager tells her employee that his work hours will be reduced if he does not have sex with her. The employee has sex with the manager and is permitted to retain his current work schedule, or the employee does not have sex with the manager and his work hours are reduced; 
• Example 3: (Hostile Environment) Unwelcome sexual advances -- whether they involve physical touching or not; 
• Example 4: (Hostile Environment) Unwelcome sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life; unwelcome comments about an individual's body, including comments or inquiries about an individual's sexual activity, deficiencies, or prowess; 
• Example 5: (Hostile Environment) Unwelcome leering, whistling, brushing against the body, or sexual gestures.

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The University is committed to protecting, maintaining, and encouraging both freedom of expression and full academic freedom of inquiry, teaching, service, and research. Nothing in this Policy shall be construed to penalize a member of the University community for expressing an opinion, theory, or idea in the process of responsible teaching and learning. Accordingly, any form of speech or conduct that is protected by the principles of academic freedom or the First Amendment to the United States Constitution is not subject to this Policy.