Ad Hoc Committee Proposed MIT Harassment Policy I. Statement of Policy and Definition The Massachusetts Institute of Technology is committed to maintaining a work, research, learning, teaching, and living environment free of sexual harassment. As mandated in the EEOC guidelines interpreting Title VII (issued in 1980) and Title IX (issued in 1972, as interpreted in Alexander et. al. Yale [631 Fed. 2d. 178 (2nd Cir. 1980)]), the Institute recognizes its responsibility for the acts of those in the Institute's employ and academic purview with respect to sexual harassment. Sexual harassment is defined forthwith as any conduct, on or off campus which relates to the gender or sexual identity of an individual or group, and which has the effect of unreasonably interfering with the education or work performance of a member or members of the MIT community by creating in intimidating, hostile, or offensive environment. It includes, but is not limited to, the following behaviors: 1) sexist remarks and sexist behavior 2) insults, including lewd, obscene, or sexually suggestive remarks or conduct 3) visual displays of degrading sexual images or pornography 4) unwanted touching, patting, or pinching 5) inappropriate social invitations 6) requests for sexual favors 7) requests or demands for sexual favors accompanied by implicit or explicit promised rewards or threatened punishment This policy applies to all relationships between MIT faculty, staff, post-docs, and students. Sexual harassment behaviors which are also anti-gay, anti-Semitic, classist, anti-disability, or otherwise discriminatory are actionable under this definition. Persons who have been harassed by actions not specifically directed at them can seek redress through this policy. MIT will take every step to resolve complaints of such incidents promptly and confidentially, according to the steps outlined in Section III, `Procedures for Harassment Complaints.' In resolving cases of harassment, every possible effort will be made discipline and relocate the harasser, not the victim. Dismissal or expulsion of the harasser from the MIT community is a possible outcome of this policy (III.D). The intent of this policy is to make actionable behaviors which are sexually harassing as defined above. In some cases, selected behaviors on the list above, may not have the effect of creating an intimidating, hostile, or offensive environment for any persons involved. In such a case, this policy has no application. II. Overview of Sexual Harassment Policy MIT makes available various options to assist current or former members of the MIT community who believe they have been sexually harassed at MIT, including: seeking advice (II.A), filing a sexual harassment report which may be anonymous (II.B), obtaining temporary alternate housing (II.C), and/or initiating one of several possible complaint procedures (III). An Advocacy Staff, Facilitator, and Grievance Committee, whose specific roles and composition are described in Sections VI, VII, VIII, assist in resolving incidents of sexual harassment. Any person who believes that s/he has been harassed, henceforth referred to as a complainant, can discuss confidentially her/his situation with a member of the Advocacy Staff who will support the complainant and explain all available options (II.A). All administrators, supervisors, graduate residents, lab and department heads, counseling deans, medical and psychiatric staff, campus police, faculty and teaching assistants have the responsibility to refer persons who believe they may have been sexually harassed to the Advocacy Staff. A complaint is actionable during the tenure of the accused person, but not more than 4 years after the alleged incident. Prompt reporting of sexual harassment is strongly encouraged. II.A Seeking Advice The Advocacy Staff informs individuals seeking advice that all discussions with the Advocate, as well as all aspects of the reporting and complaint process, will remain confidential (V). The Advocate supplies support to the complainant by listening to and discussing the case with the complainant, informing the complainant of all available options, and encouraging her/him to begin to maintain personal records of all events relevant to the case. The Advocate also reviews with the complainant outcomes of similar past cases. Depending upon the particular circumstances of the harassment incident, the complainant decides how to proceed, and may request the Advocate's assistance. If a satisfactory solution is not reached through the initial procedure, the complainant may pursue alternative options. At any point, the complainant may request a specific or different Advocate. Witnesses to sexual harassment are also encouraged to seek advice and support from the Advocacy Staff on how best to support the victim of harassment. II.B Filing an Initial Report Members of the MIT community who believe they have been harassed are encouraged to file a report (see Appendix A) documenting the harassment, even if they do not wish to pursue other courses of action. The report may or may not be anonymous depending on the complainant's course of action. The report contains the following information: the complainant's description of the harassment including specific incidents and times and dates of harassment if possible. At the complainant's discretion, s/he may provide further information such as the department, living group, or office in which the harassment occurred, the status of the harasser, the status of the complainant, and the effects of the harassment on the complainant. The report includes the name of the accused harasser in cases where a Negotiated (III.B) or Formal (III.C) Procedure has been initiated by the complainant. In such cases, the complainant may not remain anonymous in the report. Even when pursuing no further course of action beyond filing the initial report, the complainant may also choose to include her/his name in the report for the following reasons: 1) the complainant may wish the to be contacted if the Advocacy Staff believes the case is associated with other reports of harassment, in order to consider pursuing a joint action, or 2) the complainant, while not wishing to take further action at the time of the initial report, may later decide to take action if the harassment or its effects continue and/or escalate. Finally, the report must be dated, approved by the complainant, and signed by the Advocate. All reports are maintained under strict confidentiality (V). II.C Temporary Housing Students living in Institute housing or outside living groups which are approved by MIT who believe they are being harassed in their living group have the right to temporary alternative housing for a period of two weeks. If a student is engaged in a complaint procedure, that students has the right to permanent alternate housing until the end of the term, at which time the student may choose to return to her/his previous housing position, or enter the regular housing process to gain new housing. An Advocate will assist any student in securing alternate housing. III. Procedures for Sexual Harassment Complaints In seeking resolution of the harassment problem, the complaint [sic] may choose from the following procedures: Informal (III.A), Negotiated (III.B), and Formal (III.C.). If a satisfactory resolution is not reached by the initial procedure pursued, the complaint [sic] may take further action by other procedures. In all of these procedures, the Advocacy Staff, Grievance Committee members, Facilitator, complainant, accused harasser, and any witnesses must all observe the regulations on confidentiality as outlined in Section V. The Advocacy Staff maintains complete records of all harassment cases and their resolution according to the guidelines in Section IV. III.A. Informal Procedure After a report has been filed (II.B.), the complainant may choose to pursue one or more of the following informal actions to resolve the problem: 1) The complainant may request assistance from the Advocate in an effort to stop the harassment anonymously. If so, the Advocate may: a) inform the accused harasser that an informal complaint has been made about his/her behavior. The Advocate provides the accused harasser with the MIT Policy on Sexual Harassment and identifies the specific harassing behavior reported. The Advocate informs the harasser that his/her name has not been recorded at this point, recommends that the accused harasser stop the harassment, and informs him/her that if the harassment continues, further action may be taken by the complainant. This contact must be made within 7 days of the initial complaint. b) meet with the accused harasser's entire department, dormitory, or office to elaborate MIT's Policy on Sexual Harassment and direct discussion about sexual harassment. Examples of sexually harassing behavior used in the presentation may include a case similar to the incident reported by the complainant. Alternatively, the group may be sent a mailing on sexual harassment. 2) The complainant may choose to contact the accused harasser directly, with or without the assistance of an Advocate. The Advocate may help the complainant write a letter to, or be present at a meeting with, the harasser, or may simply discuss strategies with the complainant in an effort to help the complainant carry out the chosen action. III.B. Negotiated Procedure By this procedure, the complainant formally requests ameliorative action on the part of the accused harasser. If the accused harasser agreed to participate, both parties work to negotiate a resolution with the help of a Facilitator. Steps and timetables are detailed below. 1) Filing a complaint: The complainant files a signed report of sexual harassment (II.B) and includes the names of the complainant and the accused harasser. The complainant may request that the Facilitator meet with the two parties separately or jointly. The complainant also submits to the Advocate a proposal of desired outcomes of the negotiation procedure. Proposed resolutions may include but are not limited to, termination of a specific behavior(s), an apology from the accused harasser, or participation of the accused harasser in workshops on sexual harassment (IX). 2) Notifying the accused harasser: Within seven days of the filing of the complaint, the Advocate sends notification of the complaint to the accused harasser. This notification includes the following: a copy of the initial report, a request for participation in negotiations, an explanation of the requirements of confidentiality (V), a copy of the MIT Sexual Harassment Policy, and a warning that if the accused harasser chooses not to participate in negotiations, or if negotiations are unsuccessful, the complainant may request a Grievance Committee hearing (III.C.). The accused harasser must reply within seven days of receiving the notice. 3) Negotiations: After receiving the accused harasser's agreement to negotiate, the Advocate contacts the Facilitator (VII). The Facilitator promptly arranges the first meeting(s). These meetings must occur within 10 days of the receipt of the accused harasser's response. Upon request, the Advocate accompanies the complainant to negotiation meetings. The accused harasser may also be accompanied by another member of the MIT community who must sign the agreement on confidentiality (V). The Facilitator's role is to keep the negotiations moving forward rather than to mandate solutions. During the first meeting(s), the Facilitator solicits each party's version of the incident(s), and their distinct goals for the negotiations. Subsequent meetings are held as quickly as possible, and must be no more than one week apart. Every effort should be made to meet resolution within one month, or in the case of students, before the end of the semester if less than one month away. The complainant has the option of extending the negotiations beyond the one month period or ending the negotiations at any time. The negotiations end when a satisfactory resolution has been reached or when the complainant or the accused harasser has terminated the process. 4) Record keeping: A record of the case is filed in the confidential records of the Advocacy Staff (IV). Records of all negotiation meetings are recorded by the Facilitator (IV.2) and are provided to the Advocate. The Advocacy Staff record also includes a final summary of the case which states the outcome of the negotiations and the satisfaction of each participant. This final summary is signed by the complainant and the accused harasser. III.C. Formal Procedure: Grievance Committee Hearing By this procedure, the complainant files a motion to be heard by the Grievance Committee. The Committee hears both sides of the case and imposes appropriate penalties, if any. The procedures for a Grievance Committee hearing and the guidelines for imposing penalties are outlined below. The composition of the Grievance Committee is described in Section VIII. 1) Filing a complaint: The complainant files a signed report of sexual harassment (II.A), which includes the names of the complainant and accused harasser, and requests that the Grievance Committee hear the case. 2) Notification: Within seven days of the complainant's request for a hearing, the Advocate must notify both the Grievance Committee and the accused harasser of the complaint. Notification to the accused harasser includes the following: the initial report filed by the complainant, information about the Grievance Committee hearing procedures, and referral to a facilitator who will be available to the accused harasser to provide information about the Grievance Committee hearing. A date for the Grievance Committee hearing is set which is no less than one month and no more than six weeks from notification of the accused harasser. 3) Preparation of the case: The Advocate assists the complainant in gathering witnesses and otherwise preparing the case. The accused may select a lawyer or a member of the community as an advisor to assist with the preparation of the case. The hearing is closed to all but those directly involved with the case who are members of the MIT community. All witnesses and the accused harasser's advisor must sign a confidentiality agreement which prohibits them from discussing the case until [ending missing in original copy] 4) Grievance Committee hearing: In order to hold the hearing a quorum of seven members of the Grievance Committee must be present. The hearing begins with an uninterrupted statement from the complainant followed by a response statement from the accused harasser. Witnesses for both parties are then asked to make brief statements. Following these statements, members of the Grievance Committee may ask questions of the complainant, accused harasser, and the witnesses. The hearing concludes with final statements from first the accused, then the complainant. 5) Grievance Committee decision: In all deliberations, the Grievance Committee attempts to reach a consensus. If consensus cannot be reached, and vote is taken with a 2/3 majority necessary for any decision. If the Grievance Committee determines that sexual harassment has occurred, they must determine the severity of the harassment and impose appropriate sanctions (III.D.). The deadline for a decision on the case, including penalties if any, is three days. III.D. Guidelines for Imposing Penalties Penalties for sexual harassment are imposed according to the frequency of the actions and the degree of force or threat involved. Repeat incidents of harassment incur more severe penalties. The Grievance Committee will examine the convicted harasser's previous harassment record in determining penalties. Mandatory minimum penalties will be established before implementation of the policy. These penalties will vary dependent upon whether the status of the harasser is that of student, staff, or faculty, and whether the harassment occurred in the harasser's and complainaint's common work space or living group. In the later[sic] case, every effort will be made to locate the harasser away from the complainant. Possible penalties 1) For actions including, or of similar degree of severity as, numbers 1-6 in Statement of Policy and Definition of Harassment (I): a) Written memo to internal MIT file documenting conviction of sexual harassment. b) Required attendance at sexual harassment workshops (IX). c) Informal probation for one semester in which convicted student is registered. d) Notification of the convicted harasser's academic advisors, supervisors, or department heads. e) Permanent revocation of housing privileges. For undergraduates or graduates in Institute apartments, this means automatic retraction of Institute housing and loss of future privileges. For undergraduates living in fraternities or sororities, this subjects the house to a "harboring" violation which can result in in rush privileges [sic]. f) Permanent ineligibility for MIT awards, including departmental awards and Institute awards. g) Postponement of promotional/raise considerations. h) Public announcement of conviction (only with permission of complainant). 2) For actions including, or of similar severity as, numbers 7-8 in Statement of Policy and Definition of Harassment (I): a) Recommended one year mandatory leave from the Institute without pay and with persona non grata status. Upon return to the Institute, convicted students are barred from MIT affiliated housing and are on formal probation for the remainder of their stay at the Institute. b) Upon return to the Institute, relocation of work place may be appropriate. c) Written memo to internal MIT record and personnel file or academic transcript documentation of type of sexual harassment. d) Notification of convicted harasser's academic advisors, supervisors, or department heads, as appropriate, as well as the President of the Institute. e) Revocation of non-need based funding awards and notification of sexual harassment conviction to independent scholarship granting institutions. f) Recommended permanent expulsion or dismissal from the Institute. IV. Record Keeping Confidential records of sexual harassment complaints are maintained to document the extent of sexual harassment at MIT, to evaluate the efficacy of MIT's policies, and to identify repeat offenders. Record keeping serves as a partial fulfillment of MIT's obligation to maintain an environment free of harassment, as defined by section C of Title VII. 1) All complainants are encouraged to file a sexual harassment report as given in Appendix I and detailed in section II.B. This preliminary report is immediately filed in the Advocacy Staff records. If the complainant visits the Advocacy only for support, chooses the Informal Procedure (III.A) for addressing her/his complaint, or is undecided on a course of action, no records other than the preliminary report form need to be filed. This report does not contain the name of the accused harasser, although it may contain the name of the complainant for future reference. At the time of the filing of the preliminary report, the complainant may also initiate the Negotiation or Formal Complaint Procedures (III.B and III.C.) in which case the names of the complainant and accused harasser must be provided in the report. 2) All communications pertaining to sexual harassment cases are documented by the Advocate. Such records shall include, when appropriate, the following: copies of all written communication, the time, date, and names of participants, and content of any interactions or meetings held in [sic] with regard to the harassment case, a summary of the course of the action, and the degree of success of those actions, and the name of the Advocate. A summary of the final outcome of the case is initialed or signed by the complainant, the accused harasser, and the Advocates involved in the case. 3) All records are kept confidential. The Advocacy Staff has exclusive access to records, unless a Formal Procedure is initiated. During Formal Procedures, the Grievance Committee members hearing the case have access to all relevant records. 4) The Advocacy Staff publishes an annual report detailing statistics about the complaints received and processed in the previous year. The statistics include but are not limited to: a) The total number of complaints received. b) A summary of the types and frequency of specific harassment behaviors. c) A breakdown of informal, negotiation, and formal procedures utilized according to the status of the complainant and the location of the occurrence, i.e.: student, staff, faculty, department, and living group. d) The number of cases resolved and the number of cases unresolved. e) An indication of the level of satisfaction with the outcome of the process by the complainant and the accused harasser. f) Sanctions imposed or actions taken for both convictions and negotiated resolutions. The annual report is available on request at the Information Center and at the Advocacy office, and is distributed to every member of the administration and faculty. A summary of the annual report is published in "Tech Talk" and made available to other MIT publications. V. Confidentiality Confidentiality will be maintained by the Advocacy Staff and by the Grievance Committee for all complaints files. The Advocacy Staff and the Grievance Committee are further bound to maintain all records as confidential even after the cases are closed. All persons involved in a current complaint are bound to confidentiality. The complainant, the accused harasser, and any witnesses shall be notified of this responsibility by the Advocate during the initial advising phase or in the initial contact with the case. Witnesses who have been asked to testify at a Grievance Committee hearing must sign an agreement of confidentiality prior to the hearing. This statement of confidentiality is delineated in Appendix II. Confidentiality will be maintained in the annual report with the exception of breakdowns of type of complaint and the environment and context of the occurrence (i.e. dormitory, department, etc., and student/student, student/faculty, etc.). VI. Advocacy Staff VI.A. Advocacy Staff Responsibilities It is the role of the Advocacy Staff to do the following: 1) Receive all complaints about sexual harassment. 2) Provide support to the complainant throughout the resolution process. 3) Locate alternate housing if requested for students living in Institute housing or other MIT-sponsored fraternities, sororities, or living groups (II.C). 4) Outline for the complainant all possible courses of action open to her/him, and discuss possible consequences of there actions, (including supplying information on outcomes of ant similar cases). 5) Maintain records as outlined under record keeping procedures (IV). Also the Advocate should advise the complainant and the accused harasser (if applicable) to maintain her/his own personal written record of all events relevant to the harassment incident or case. 6) Accompany the complainant through the Institute's informal, negotiation, and/or formal complaint procedures if the complainant has decided to pursue such procedures, unless the complainant requests otherwise. 7) Take formal complaints to the Grievance Committee. 8) Monitors the advocacy records for possible repeat harassers: If there are complaints about the same perpetrator, or with the same profile, and if the complainants in these cases have given their authorization, the Advocate will contact them to discuss the possibility of group action. 9) Insure confidentiality of all written records for all parties, and inform all parties of their responsibility in maintaining confidentiality during all phases of pursuing a complaint. 10) Insure that all parties involved in a sexual harassment case are aware of MIT's Policy on Sexual Harassment. 11) Present annual reports to the Grievance Committee and to the public as outlined in section IV.D. 12) Maintain high visibility of the Advocacy Staff in the community through education and outreach (IX). VI.B. Advocacy Staff Appointments At least 2/3 of Advocacy Staff at any time will be women. Efforts will be made recruit people of color, gay men, lesbians for these positions. Advocacy Staff will be hired based on their experience in handling the complexities involved in cases of sexual harassment or other forms of abuse. VII. The Facilitator It is role of the Facilitator to: 1) Arrange and facilitate meetings between accused harasser and complainant in Negotiating Procedure. 2) Record all proceedings of negotiating meetings (IV.2). 3) Answer the accused harasser's questions about Grievance Committee hearing procedures. VIII. The Grievance Committee The following groups will appoint one representative each to sit on the Sexual Harassment Grievance Committee. Appointments shall begin in September and will be held for a term of two years. All appointees will be requires to attend a training workshop on sexual harassment by the Sexual Harassment Advocacy Staff. * Faculty Policy Committee (faculty) * Women's Advisory Group (staff) * Women of Color Network (staff or faculty) * Working Group on Staff Issues (staff) * Faculty Subcommittee on Sexism (faculty) * Women Students' Cooperative Board (undergraduate student) * Association of Women Students (undergraduate student) * Women in Planning/Women in Chemistry/Women in Sloan (1 graduate student from each of two of these groups, or from other graduate student women's groups as they form) * Program in Women's Studies (staff or faculty) * Advisory Committee on Women Student's Interests (faculty) * Gays at MIT (undergraduate or graduate student) Individuals holding the following positions will also sit on the Grievance Committee: * Ombudsperson for Women's Issues (staff, with the adjunct faculty status) * Staff Assistant to Women Students, ODSA (staff) Solicitations and reminders for new representatives upon expiration of terms will be handled by the Sexual Harassment Advocacy Staff. IX. Education and Outreach The Advocacy Staff should develop workshops which achieve the following: 1) Educate the MIT community about sexual harassment, its definition and various components, effects, and strategies to stop harassment. 2) Make known the extent and nature of sexual harassment at MIT. 3) Explain MIT's sexual harassment policy and the Advocacy Staff role. 4) Publicize and make clear the avenues for action available to victims of harassment. Workshops will be tailored to the group being addresses. They will be organized in dormitories, and as training for graduate residents, housemasters, and other appropriate groups (i.e. fraternities, departments, staff supervisors, etc.). These workshops will be directed to potential harassers as well as the potential victims and will address both peer and hierarchical harassment. An educational program for rush week will be developed for incoming freshmen; a copy of the sexual harassment policy will be included in their information packet. Every new member of the MIT community will receive a copy of the MIT policy on sexual harassment.