Guidelines for Raising Complaints about Harassment

INTRODUCTION

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.

INITIAL RESPONSE

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 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 you are encouraged to consider if an informal option might be suitable in your circumstances. Speaking with someone in an office listed under MIT RESOURCES can help you make the decision about which option to pursue.

Informal Options

Anonymous Reporting

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.

Third-Party Facilitation

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.

Mediation

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.

Generic Approaches

A generic approach is intended to alert the person who offended you to inappropriate behavior in such a way that the offense against you stops without you 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

Formal Complaint

To pursue a formal complaint, you must put the complaint in writing and sign it. Generally, this should be given to your supervisor, the supervisor of the person who offended you, or the Human Resources Office on campus or at Lincoln Laboratory (for employees) or to the Office of Student Mediation and Community Standards (for students). 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 how MIT will respond. MIT may conduct an investigation or may use a less formal approach for addressing the complaint. In many cases, complaints can be quickly reviewed and resolved

Investigations are done by an impartial investigator, giving notice to the alleged person who 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 Mediation and Community Standards” (http://web.mit.edu/discipline/).

Either you or the person you have charged can appeal a decision on the complaint up the line of supervision. Such appeal must be in writing, filed promptly, stating why you believe the decision is improper (that it violated an Institute policy) or was unfair (that it was an arbitrary application of a policy).

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.

CONFIDENTIALITY

MIT will strive to maintain confidentiality to the extent legally possible regardless of the option chosen by the person making a complaint. However, complete confidentiality cannot be guaranteed though MIT tries to limit disclosure to those with a need to know about the matter. 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 or 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 (non-lawyer, non-family) member of the MIT community in bringing or responding to a complaint. These individuals may not be family members or attorneys, though of course, parties may consult with an attorney on their own before or after any meeting at MIT. If an individual does accompany the party to the dispute, that individual is not a primary participant, and rather is there to provide support and guidance. Advisors to students are not permitted to speak during any disciplinary proceeding. See link below to Office of Student Mediation and Community Standards for more information on this.

FOLLOWING UP

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.

COMPLAINTS MADE IN BAD FAITH

A false or unfounded complaint determined by the Institute to have been made in bad faith is treated as a serious offense. However, simply not prevailing in a complaint does not mean that a complaint is unfounded. Dishonesty in the context of an inquiry or investigation is also a serious offense. Such offenses may lead to serious disciplinary action, which for employees may include termination of employment. Students may be subject to discipline for filing a false or unfounded complaint.

RETALIATION

Retaliation against anyone for using or participating in good faith as a witness or otherwise in the Institute’s complaint resolution procedure is unacceptable. Retaliation may also violate federal or state law, as well as MIT policy. Proven retaliation may lead to separate, serious disciplinary action for employees, which could include termination of employment. For students, a charge of retaliation may lead to referral to the Committee on Discipline and could lead to possible expulsion from the Institute. 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.

FOOTNOTES

¹ The complaint system described in these guidelines applies to those who are not in bargaining units at MIT. Complaint procedures for members of those 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.

• 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/7.1.html and Personnel Policy Manual section 1.1 http://hrweb.mit.edu/policy/1/index.html
  
  Dean for Undergraduate Education (DUE) http://web.mit/due/administration/index.html; the Dean for Student Life (DSL) http://web.mit.edu/dsl/resources/index.html and the Dean for Graduate Students (GSO) http://web.mit.edu/gso/

• Office of Student Support Services (S³)
  http://web.mit.edu/counsel/www/

• A Human Resources Officer
  http://web.mit.edu/hr/empservices.hro.html

• Social workers in the Personal Assistance Office of the Medical Department http://web.mit.edu/medical/pdf/personalassistance.pdf http://web.mit.edu/medical/services/s-assistance.html and http://hrweb.mit.edu/policy/3/3-8.html

• Psychologists, psychiatrists, physicians, or other health care practitioners in the Medical Department
  http://web.mit.edu/medical/s-staff.html

• Faculty Internal Mediators (FIMS) Designated faculty mediators

• Religious counselors
  http://web.mit.edu/dsl/religious_life.html

• Ombudspersons
  http://web.mit.edu/ombud/

• Office of Student Mediation and Community Standards
  http://web.mit.edu/discipline/

• Mediation@MIT
  http://web.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

• Resources to Ease Friction and Stress (REFS) Graduate student students trained by MIT as mediators 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. These resources may be helpful; however, if a complaint is filed with an external agency, MIT may suspend its investigation while the external review takes place.

POLICIES

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
http://web.mit.edu/mindandhandbook/policy/index.html

Links to specific policies that may be relevant:

Harassment
http://web.mit.edu/policies/9.5.html and http://hrweb.mit.edu/policy/3/3-10.html

Racist Behavior
http://web.mit.edu/policies/9.4.html

Use of Information Technology
http://web.mit.edu/policies/13.2.html

Conflict of Interest
http://web.mit.edu/policies/4.4.html and http://hrweb.mit.edu/policy/3/3-5.html

Policy against Violence
http://hrweb.mit.edu/policy/3/3-11.html

Formal Complaint Procedures
http://web.mit.edu/policies/9.6.html and http://hrweb.mit.edu/policy/3/3-4.html

RESOURCES OUTSIDE MIT

Equal Employment Opportunity Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Tel: 800-669-4000 http://www.eeoc.gov/

Department of Education, Office of Civil Rights
33 Arch Street, Suite 900
Boston, MA 02110-1491
Tel: 617-289-0111 http://www.ed.gov/about/offices/list/ocr/index.html

Massachusetts Commission Against Discrimination
1 Ashburton Place
Boston, MA 02108
Tel: 617-727-3990 http://www.mass.gov/mcad/

Massachusetts Office for Victim Assistance
One Ashburton Place, Suite 1101
Boston, MA 02108
Tel: 617-727-5200 http://www.mass.gov/mova/

Cambridge District Court Victim Assistance
40 Thorndike Street
Cambridge, MA 02141
Tel: 617-679-6500

EXAMPLES OF POSSIBLY HARASSING BEHAVIOR

Examples of Behaviors That Might Be Violations of MIT’s Policy on Harassment

The following behaviors 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 voice mail or computer, 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.

Examples of Behaviors That Most Likely Are Not Violations of MIT’s Policy on Harassment

The following behaviors 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.

Performance Evaluation

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.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.

Social Situations

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.

Legitimate 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.

Behavior That May Be Inappropriate Whether or Not It Is Harassment or Violates MIT Policy

There is a very wide range of ambiguous behavior or 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.

In such cases, whether or not the behavior is formally harassment, the offending person might stop the behavior if asked.

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.

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