These guidelines describe MIT’s system for handling concerns or complaints about harassment for all members of the MIT community. ¹
As stated in MIT’s policies, harassment of any kind is not acceptable behavior at MIT. Some forms of harassment may also violate federal or state law, or MIT policies on conflict of interest and nondiscrimination. (Links to MIT’s harassment policy and other relevant policies as well as excerpts from relevant laws are found later in this document)
Everyone at MIT is expected to conform to MIT rules and policies. Any concern about harassment should be addressed and resolved as promptly as possible. Ignoring behavior is not an effective way of changing that behavior. Supervisors have a particular responsibility to be aware of harassment and to take action to stop it when it may occur.
MIT recognizes that all people who have a harassment complaint – including students, staff, faculty, and post docs – are entitled to fair grievance procedures. The Institute provides individuals with several options for addressing a harassment concern so that they can choose one that is most suitable for them. Some options are more formal in nature, while others rely on less formal, problem-solving approaches. These guidelines describe those various options.
These guidelines cover the following topics: initial response, options for addressing the problem, confidentiality, bringing someone with you, following up, complaints made in bad faith, and retaliation. It also contains a listing of MIT resources – both people to contact and policies – as well as some resources outside MIT. The guidelines include a section on examples of possibly harassing behavior, and conclude with excerpts from laws relevant to harassment.
Talk about it
You may want to talk to someone not connected to the situation about the circumstances and your feelings. Within the Institute, you can talk through your concerns with people listed in the section MIT resources.
Write about it
Often, writing can be a helpful tool to clarify relevant information and organize your thoughts. Writing your account of the incident, how you feel about it, and what you think should happen next can also help you decide how you want to address the situation.
To begin, just write down whatever comes to mind about what happened and then separate these notes into three sections:
Facts. Write down an objective list or chronology of the facts. If you are not sure whether a statement is factual, you can say, “I believe that this happened,” or “I think this was the case.”
Opinions and feelings. Write how the facts as you perceive them make you feel. You may want to describe any consequences that might have occurred. For example: “I feel I can no longer work with this person,” or “I was not able to work effectively for the following two weeks.”
Expectations. Think this through clearly and write down what you would like to see as a remedy. For example: “I want my relationship with this person to be on a purely professional basis from now on,” or “Since I was unable to go on this trip, I would like an immediate assignment to the next trip,” or “If the harassment charge is proved, I want the person moved out of my dormitory.”
OPTIONS FOR ADDRESSING THE PROBLEM
There are many ways to address the problem. The best option for you may depend on the seriousness of the offense, the type of resolution you prefer, and the behavior itself. You can choose an informal problem solving approach or ask for a formal review and decision. Many issues can be resolved in an informal manner and MIT’s complaint resolution policies encourage informal complaint resolution. Speaking with someone in an office listed under MIT resources can help you make the decision about which option to pursue.
- You can report an incident of harassment anonymously to the Ombuds office, which keeps a statistical record with no names attached. Such reports do not result in investigations and do not provide legal notice to the Institute, but do help improve knowledge about harassment within the MIT community and can help in reviewing the effectiveness of relevant policies and procedures.
- The MIT Police also has a form to report sexual assault with no names attached. This form can also be used by anyone at Lincoln Laboratory: http://web.mit.edu/cp/www/_docs/anon_assault.pdf.
The direct approach
- This option means you directly approach the individual whose behavior offended you to try to resolve the problem – either in person or in writing. If you choose to write a note or letter, state the facts as you see them, your feelings about these facts, and what you think should happen next. If you choose to talk directly with the person who has offended you, you can do this one-on-one or bring a colleague with you for support. A private discussion may be a good approach for offenses that might be due to a cultural misunderstanding or if you are particularly concerned about preserving your relationship with the other person. If the direct approach does not work and you later choose to ask for a formal investigation, your having written a letter or having had someone accompany you to a meeting about your concern with the person who offended you may be helpful in the formal investigation. If a supervisor knows that you have chosen a direct approach, he or she should follow up with you to be sure that the problem has ended and that there has been no perceived retaliation.
- With this option, a third party goes back and forth between you and the person who offended you, or brings you and that person together informally to attempt to resolve the problem. The third party can be, for example, a faculty member, an administrative officer, a human resources officer, an MIT police officer, an ombudsperson, a housemaster or dean, a supervisor or department head, a student trained by MIT as a mediator or REF, or another designated MIT trained mediator. This type of intervention may result in changes in the way work is done, an agreement by the person to stay away from you, or simply a clear understanding of what is appropriate behavior and a commitment to end inappropriate behavior. The third party should arrange to follow up with you to be sure that the problem has stopped and no perceived retaliation has occurred.
- Formal mediation is a confidential process in which both you and the other person are helped by a trained mediator to find your own resolution. Mediators are trained to be neutral and not to take sides with either person. Resolutions reached often are put into writing. They are not kept by the mediator. They also are not kept by the Institute, nor are they monitored or enforced by the Institute, unless specifically stated in a written agreement. Formal mediation can be especially useful where there are differences in perception or values, or when you want to guard your privacy. This is a voluntary process for everyone.
- A generic approach is intended to alert the person who offended you to his or her behavior. It is done in such a way that should cause the person to stop the offensive behavior without your having to talk to anyone other than a confidential intermediary. For example, a department head could be asked by an intermediary – without using anyone’s name – to distribute and discuss copies of the Institute’s harassment policy, to provide harassment training, or to raise the subject in a staff meeting in such a way as to discourage the behavior that is offending you. Generic approaches offer maximum protection of privacy concerns. Generic approaches can also prevent similar problems from occurring. If you try this approach, please follow up with your intermediary if the offensive behavior does not stop or seek out another person listed in MIT resources.
To pursue a formal complaint, you must file a request for a Formal Review. For employees, the written request must be made to a human resources officer (or, for Lincoln Laboratory, a human resources professional at the Lab); for students, this should be submitted to the Office of Student Citizenship. If the complaint involves a possibly criminal matter, you can also bring the complaint to the MIT Police.
For employees, the complaint will be reviewed and a decision will be made as to whether an informal attempt at resolution might be successful and whether there is sufficient evidence in the complaint that a policy was violated or misapplied. In many cases, complaints can be quickly reviewed and resolved through informal methods.
Investigations are done by an impartial investigator, giving notice to the person who allegedly offended and providing a reasonable opportunity for that person to respond to the major elements of the complaint and information presented. An investigation and decision on a complaint can lead to serious disciplinary action, which for employees may include termination.
If your formal complaint is against an undergraduate or graduate student, see the procedures outlined at the Office of Student Citizenship: http://studentlife.mit.edu/citizenship.
The conclusions in an investigation report of a policy violation (or no violation) are generally final and can only be appealed for specific reasons and within specified timeframes. For employees, see Policies & Procedures Section 22.214.171.124 on Appeal.
MIT may choose to investigate any complaint, even if it is not in writing or signed, and if the alleged conduct is serious or egregious, MIT will normally decide to conduct a formal investigation. See Policies & Procedures Section 9.6.3 for more details on the process and timelines for formal reviews for complaints involving employees.
RELATED PRACTICES AND POLICIES
All participants in the informal and formal review process are expected to maintain confidentiality to protect the privacy of all involved, to the extent possible and as permitted by law. Participants should keep in mind the effect that allegations can have on reputations, even if the allegations are not sustained by the investigation. Thus, only those people with a need to know should be informed of a complaint. In general, the more formal the complaint, the less likely complete confidentiality can be maintained.
If you are especially concerned about privacy and confidentiality, the more informal options should be considered. The Ombuds office and Mediation@MIT are particularly appropriate as resources.
Bringing someone with you
In pursuing any internal option, both parties in a dispute can be accompanied by a member of the MIT community to a meeting about the complaint. These individuals may not be family members, subordinates, or attorneys, though of course, parties may consult with an attorney or other adviser on their own before or after any meeting at MIT. The role of the MIT community member is to provide support and guidance, not to be a substitute for the party, who is the primary participant.
Advisors to students are not permitted to speak during any disciplinary proceeding. See link below to Office of Student Citizenship for more information on this.
It is important for you to follow up with the person addressing your concern. For example, confirm that the matter is resolved. Or, if the complaint is resolved but the offense recurs, or you think that you are being retaliated against, immediately report this to the person who was addressing your concern or to a supervisor.
False accusations or testimony
A false or unfounded complaint determined by the Institute to have been made in bad faith and dishonesty in the context of an inquiry or investigation are serious offenses. However, simply not prevailing in a complaint does not mean that a complaint is unfounded. Such offenses may be investigated and may lead to disciplinary action, which may include termination of employment or other affiliation with MIT. Students may be subject to discipline for filing a false or unfounded complaint.
No one shall be retaliated against for participating in the Institute’s Complaint Resolution procedure in good faith as a complainant, a witness, an investigator or in any other capacity. For some individuals, retaliation may include a significant action that adversely affects that person’s academic status. For employees, retaliation is typically a significant adverse employment action taken against an employee because the employee participated in the complaint resolution process. For students, a charge of retaliation may lead to referral to the Committee on Discipline and could lead to possible expulsion from the Institute. Retaliation is a serious offense. A complaint of retaliation may be investigated and may lead to disciplinary action, up to and including termination of employment or otherwise terminating the individual’s relationship with the Institute. If any individual has concerns about retaliation, he or she should contact a human resources officer.
It is also the Institute's policy to recognize and respect the rights of any individual against whom a complaint has been brought.
If any employee or student has concerns about retaliation, he or she should contact one of the appropriate MIT resources listed below.
See also Policies & Procedures Section 9.6.5, Procedures Common to Complaints by or against Employees.
People to contact
There are several individuals and offices at MIT available to advise and assist anyone in dealing with harassment. This assistance is available to a party to a dispute, to supervisors or other people who receive complaints, and to colleagues and bystanders of those involved in a dispute. Some of these resources may conduct investigations and others may advise on options. MIT urges you to consider using one of the resources listed below. Visit their websites and see which resource might be most helpful. If you have particular concerns about confidentiality and privacy, you should raise those concerns during your initial contact.
- Anyone in the line of supervision, an administrative officer, or the head of a unit.
- The Vice President for Human Resources, who serves as the Institute’s Title IX coordinator. See Polices and Procedures section 7.1 (http://web.mit.edu/policies/7/7.1.html) and Personnel Policy Manual section 1.1 (http://hrweb.mit.edu/policy/1/index.html).
- Dean for Undergraduate Education (DUE) (http://due.mit.edu/about-due/due-administration); the Dean for Student Life (DSL) (http://studentlife.mit.edu/about/dean/resources) and the Dean for Graduate Education (DGE) (http://web.mit.edu/odge/).
- Office of Student Support Services (S^3): http://web.mit.edu/uaap/s3/.
- A Human Resources Officer: http://web.mit.edu/hr/empservices.hro.html.
- Social workers in the Personal Assistance Office of the Medical Department:
http://medweb.mit.edu/pdf/personalassistance.pdf, http://medweb.mit.edu/directory/services/personal_assistance.html, and http://hrweb.mit.edu/policy/3/3-8.html.
- Psychologists, psychiatrists, physicians, or other health care practitioners in the Medical Department:
- Faculty Internal Mediators (FIMS) Designated faculty mediators.
- Religious counselors: http://studentlife.mit.edu/rl.
- Ombudspersons: http://web.mit.edu/ombud/.
- Office of Student Citizenship: http://studentlife.mit.edu/citizenship.
- Mediation@MIT: http://studentlife.mit.edu/mediation.
- MIT Police (http://web.mit.edu/cp/www/: A form for anonymous reporting of a sexual assault is located at http://web.mit.edu/cp/www/_docs/anon_assault.pdf. Note: MIT Police involvement is generally limited to complaints of harassment that are of potentially criminal nature, such as sexual assault.
- Office of the General Counsel: http://web.mit.edu/ogc/.
- Resources to Ease Friction and Stress (REFS): http://studentlife.mit.edu/mediation/refs. Graduate student students trained by MIT are available in a number of departments; for example, see REFS websites in Physics (http://web.mit.edu/physics/refs/), and EECS (http://projects.csail.mit.edu/eecsrefs/index.php).
There are also a number of state and federal agencies that provide assistance to individuals who believe that they have been harassed or discriminated against. Some of these are listed below.
MIT’s policies on harassment and other standards of behavior are located at:
- Policies and Procedures: A Guide for Faculty and Staff Members: http://web.mit.edu/policies/.
- Personnel Policy Manual: http://hrweb.mit.edu/policy/.
- For students, the Community Standards and Policies are found at:
Links to specific policies that may be relevant:
- Harassment: http://web.mit.edu/policies/9/9.5.html and http://hrweb.mit.edu/policy/3-10.
- Racist Behavior: http://web.mit.edu/policies/9/9.4.html.
- Responsibilities of Supervisors: http://web.mit.edu/policies/7/7.3.html.
- Use of Information Technology: http://web.mit.edu/policies/13/13.2.html.
- Conflict of Interest: http://web.mit.edu/policies/4/4.4.html and http://hrweb.mit.edu/policy/3-5.
- Policy against Violence: http://hrweb.mit.edu/policy/3-11.
- Formal Complaint Procedures: http://web.mit.edu/policies/9/9.6.html.
RESOURCES OUTSIDE MIT
Equal Employment Opportunity Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Department of Education, Office of Civil Rights
Office for Civil Rights/Boston
US Department of Education, 8th Floor
5 Post Office Square
Boston, MA 02109
Massachusetts Commission Against Discrimination
1 Ashburton Place, 6th Floor, Room 601
Boston, MA 02108
Massachusetts Office for Victim Assistance
One Ashburton Place, Suite 1101
Boston, MA 02108
EXAMPLES OF POSSIBLY HARASSING BEHAVIOR
Behaviors that might violate MIT’s policy on harassment
The following are examples of behaviors that might be found to be harassment in violation of MIT’s policies:
A threatened or actual physical attack, an unwanted touching or striking, or other kinds of assault and battery, including sexual assault. Note that these actions are criminal, and should be brought to the attention of the MIT Police.
Overt threats, serious intimidation, stalking behavior, repeated refusal to take no for an answer, obscene messages on a computer, phone, or other device, taking obvious advantage of someone who is intoxicated or on drugs, serious threats of retaliation and actual retaliation, and sexual bribes and blackmail are examples of possible harassment; some may also be criminal behavior.
Unwanted touching or kissing, especially if it was made clear that the behavior was unwelcome; locking up or physically restraining someone against his or her will; forcing a person into a shower; forcing oneself into someone’s dorm room; degrading, public, and personal tirades; and deliberate, repeated humiliation, including deliberate humiliation on the basis of sexual orientation, religion, nationality, age, disability, gender, or race.
Deliberate interference with the life or work of a disabled person; deliberate desecration of religious articles/places, repeated unwanted proselytizing, and interference with the reasonable pursuit of religious life; repeated insults about loss of personal and professional competence based on age.
Behaviors that most likely do not violate MIT’s policy on harassment
The following are examples of behaviors that most likely are not harassment:
Everyday administrative action
- In order to get work done, supervisors often make difficult decisions about how work will be done. Examples include moving people’s work areas or changing work assignments. These decisions may or may not please others, but they do not usually constitute harassment.
- A negative performance evaluation as such is not harassment. Supervisors have a responsibility to give appropriate criticism and to take appropriate corrective action when the work of a student or employee is not satisfactory. Such criticism should, however, be made in a reasonable and constructive manner, and may not be used in a retaliatory manner.
Conflicts of interest
- There is a potential for conflict of interest from intimate personal relationships between a supervisor and supervisee. Such relationships do not in and of themselves constitute harassment, but anyone who believes that his or her behavior may be in conflict with the interests of MIT is responsible for seeking advice about the situation, and for taking responsible action to avoid or end any such conflict. (Policies and Procedures: http://web.mit.edu/policies/4/4.4.html, and the Personnel Policy Manual: http://hrweb.mit.edu/policy/3/3-5.html) However, even in the absence of a conflict of interest, intimate relationships between supervisor and supervisee can lead to harassment complaints by third parties, due to, for example, perceived favoritism. There may also be a complaint by one of the participants if the relationship ends.
- If a person is repeatedly turned down for a date, it is not harassment for the unwilling person to stop talking socially with the person turned down.
Bringing and investigating harassment complaints
- It is not harassment to complain of harassment, unless the complaint is malicious or made in bad faith. Additionally, it is not harassment for a supervisor or other appropriate person to investigate a complaint of harassment, including talking with witnesses on both sides.
Behaviors that may be inappropriate whether or not they violate MIT’s policy on harassment
There is a very wide range of ambiguous behavior that might offend some people but not necessarily others. Examples might include: a second polite request for a date from a peer; comments on clothing; compliments about improved appearance; non-destructive practical jokes; or hacking that most people of the same gender or race find reasonable.
There is a whole class of behavior that might be offensive that relates to the matter of free speech: a classroom discussion of views that could be considered racist, posters seen as sexist, and the like.
Standards for supervisors
All supervisors, including faculty, have a responsibility to avoid potentially unacceptable behavior, such as telling off-color stories, making inappropriate personal remarks, or losing one’s temper, that might intimidate or offend their peers and supervisees. Supervisors have a particular responsibility to be aware of harassment and to take action to stop it when it occurs. The actions of supervisors are often perceived as representing not just their own views of what constitutes acceptable behavior, but what the Institute considers acceptable behavior as well. Both the Institute and its supervisors can be held accountable for unacceptable behavior. See Policies & Procedures Section 7.3.
Freedom of expression
Freedom of expression is essential to the mission of a university. So is freedom from unreasonable and disruptive offense. Members of the MIT community are encouraged to avoid putting these essential elements of our university to a balancing test.
People who are offended by matters of speech or expression should consider speaking up promptly and in a civil fashion, and should be able to ask others to help them to express concern in a professional manner. People who learn they have offended others by their manner of expression should consider immediately stopping the offense and apologizing.
With respect to materials posted on bulletin boards, it is not appropriate to remove or deface signed posters, for example, announcements of social events in a certain religious community or the gay community, even if some people find such material offensive. If you are offended by a poster signed by a person or group in the MIT community, it is appropriate to convey your sense of offense to those who created the poster.
It is usually easier to deal with issues of free expression and harassment if you think in terms of interests rather than rights. It may be “legal” to do many things that are not in your interests or in the interests of others in a diverse community. Most people intuitively recognize that there may be some difference between their rights and their interests. For example, most people do not insist on offending others once they have learned that their behavior is offensive, even in circumstances where they may have, or think that they have, a legal right to do so. Thus, anyone dealing with harassment concerns may find it useful to think about the interests on all sides as well as the rights.
EXCERPTS FROM LAWS RELEVANT TO HARASSMENT
Title VI of the Civil Rights Act of 1964, 42 U.S.C §§ 2000d - 2000d-7
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Office of Civil Rights (OCR) Investigative Guidance on “Racial Incidents and Harassment Against Students at Educational Institutions,” 59 Fed. Reg. 11448 (March 10, 1994)
OCR will investigate whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with Title VI and the Department of Education’s implementing regulations. The Department has interpreted Title VI as prohibiting racial harassment.
Under Title VI and its implementing regulations, no individual may be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination on the ground of race, color or national origin under any program or activity that receives Federal funds. Racially based conduct that has such an effect and that consists of different treatment of students on the basis of race by recipients’ agents or employees, acting within the scope of their official duties, violates Title VI. In addition, the existence of a racially hostile environment that is created, encouraged, accepted, tolerated or left uncorrected by a recipient also constitutes different treatment on the basis of race in violation of Title VI.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e - 2000e-17
It shall be an unlawful employment practice for an employer:
1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
It shall be an unlawful employment practice for an employer:
1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; or
2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age.
Americans with Disabilities Act, 42 U.S.C. §§12101-12213
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to … the hiring, advancement, or discharge of employees . . . and other terms, conditions and privileges of employment.
Definition of “Sexual Harassment” from EEOC Guidelines on Sexual Harassment, 29 C.F.R. § 1604.11
Harassment on the basis of sex is a violation of Title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964, 20 U.S.C. §§ 1681 - 1688
Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Subject to certain exceptions, Title IX states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
MASSACHUSETTS STATE LAWS
Discrimination under the Massachusetts Fair Employment Practices Act, G.L. c. 151B, § 4
In Massachusetts it is unlawful for an employer, by himself or his agent, because of the race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, genetic information, or ancestry of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.
In addition, it is unlawful for an employer to impose upon an individual as a condition of obtaining or retaining employment any terms or conditions, compliance with which would require such individual to violate, or forego the practice of, his creed or religion as required by that creed or religion including but not limited to the observance of any particular day or days or any portion thereof as a sabbath or holy day and the employer shall make reasonable accommodation to the religious needs of such individual.
Sexual Harassment under the Massachusetts Fair Employment Practices Act, G.L. c. 151B, §§ 1, 3A, 4
Under Massachusetts law, all employers, employment agencies, and labor organizations shall promote a workplace free of sexual harassment.
It is unlawful for an employer, personally or through its agents, to sexually harass any employee.
“Sexual harassment” means sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions;
b) 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 environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.
Massachusetts Fair Educational Practices Act, G.L. c. 151C, § 2
It is an unfair educational practice for an educational institution to sexually harass students in any program or course of study in any educational institution.
Massachusetts Equal Rights Act, G.L. c. 93, § 102
All persons within Massachusetts, regardless of sex, race, color, creed or national origin, shall have, except as is otherwise provided or permitted by law, the same rights enjoyed by white male citizens, to make and enforce contracts, to inherit, purchase, to lease, sell, hold and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Massachusetts Anti-Stalking Act, G.L. c. 265, § 43
Under the Massachusetts Anti-Stalking Act, any person who:
1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and
2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking.
Section 43(b) of the Act imposes mandatory minimum sentences for any person who commits the crime of stalking in violation of a restraining order, vacate order, no-contact order, or injunction. Section 43(c) of the statute imposes mandatory minimum sentences for any person who commits a second or subsequent offense after having already been convicted of the crime of stalking.
Massachusetts Hate Crimes Reporting Act, G.L. c. 22C, § 32
A “hate crime” is a criminal act under the laws of Massachusetts in which bigotry and bias was a motivating factor. Hate crimes are defined as criminal acts coupled with overt actions motivated by bigotry and bias directed at a victim due to that victim’s race, religion, ethnicity, handicap, gender, or sexual orientation.
¹ The complaint system described in these guidelines applies to employees who are not in bargaining units at MIT. Complaint procedures for members of bargaining units are found in the relevant union contracts. There are also certain other groups, such as members of the Medical Department who are covered by the Medical Department Bylaws, for whom parts of these guidelines may not apply.