Non-Discrimination Policy for Students and Employees

Policy Category: Executive
Effective Date: 11/06/2020
Responsible Officer: Vice President of Diversity, Equity, and Inclusion
History: Academic Catalog, Employee Policies and Procedures, Student Code of Conduct, Non-Discrimination Policy, updated 2023
Responsible Office: Office of Institutional Equity
Location: Non-Discrimination Policy for Students and Employees | Wentworth (wit.edu)

I. Purpose

The purpose of this policy is to establish and communicate expectations for a work and educational environment is free of discrimination and harassment, in compliance with state and federal non-discrimination laws and pursuant to Wentworth Institute of Technology’s (university) commitment to diversity, equity, and inclusion.

II. Scope and Applicability

This Policy and the related procedures apply to individuals formally affiliated with the University, including those affiliated as students, employees, volunteers, or other registered participants in university programs or activities.

Under this policy, any individual who engages with the campus, including third parties, may report discrimination. Allegations against formally affiliated individuals will be addressed pursuant to the established procedures. A complaint against a third party or vendor which relates to conduct prohibited by this policy is not subject to the procedures established in this policy, but may result in campus issued restrictions, up to and including permanent prohibition on access to Wentworth’s campus.

This policy applies to conduct that occurs on university property (i.e., on campus) and in the local vicinity. This policy also applies to conduct that occurs off university property (i.e., off campus) when the conduct is associated with a university-sponsored program or activity, such as travel, research, or internship programs or when such conduct may have a continuing adverse effect or could create a hostile environment on campus.

All actions by a member of the university community that involve the use of the university’s computing and network resources from a remote location, including but not limited to accessing email accounts, will be deemed to have occurred on campus.

Online postings are in the public sphere and are not private. These postings may subject an individual to allegations of discrimination or harassment. Individuals are encouraged to report any violation of this policy as soon as possible in order to maximize the university’s ability to respond promptly and effectively. Reports and complaints may be made at any time without regard to how much time has elapsed since the incident(s) in question.

III. Legal

Title VII of the Civil Rights Act of 1964
Title VI of the Civil Rights Act of 1964
Title IX of the Education Amendments Act
Americans with Disabilities Act (ADA)
Section 504 of the Rehabilitation Act

IV. Policy

The university is committed to providing a safe and respectful educational experience and work environment free from discrimination and harassment on the basis of an individual’s race, color, religion, age, marital status, national origin, ancestry, disability, sex, sexual orientation, gender, gender identity or expression, genetic information or any other characteristic protected by law.

Accordingly, the University prohibits Discrimination, Discriminatory Harassment, and related Retaliation, as defined.

Students, faculty, and staff are expected to adhere to a standard of conduct that is respectful of the rights of the Wentworth Community.

V. Definitions

Advisor: Any person who accompanies a respondent or complainant in any meeting or grievance proceeding. To the extent permitted under law and policy, the advisor’s role is limited to providing support and guidance to the party for which they are serving as the advisor.

Parties have a right to an advisor of their choice during any meeting relating to any allegations raised under this policy.
Business-day: Any day, Monday through Friday, that the university is open.
Complainant: The individual who is alleged to be the victim of conduct that could constitute prohibited conduct
Decision-maker: Trained individuals who are authorized to determine conduct hearings and/or review appeals. Decision-maker(s) may only serve one role within a case and are free from conflict of interest of bias.
Disciplinary Action: Action taken by the university, for the purpose of formally addressing non-compliance with this policy disciplinary action may include, but is not limited to a verbal warning, a written warning, mandatory professional development, suspension, or termination.
- Verbal Warning: A verbal notification given to the individual, either in private or in a formal setting, to communicate the violation and its consequences.
- Written Warning: A formal, written notice given to the individual, documenting the non-compliance and potential consequences if the behavior persists.
- Mandatory Professional Development: Requiring the individual to participate in specific training programs or workshops to address and improve the areas of concern.
- Suspension: Temporarily removing an employee's privileges, access, or participation in university activities or responsibilities for a specific period as a consequence of their actions.
- Termination: The most severe form of disciplinary action, which involves the removal of the individual from their position or association with the university due to repeated or severe misconduct.
Discrimination: An intentional or unintentional act that adversely affects employment and/or educational opportunities because of the person’s race, color, religion, age, marital status, national origin, ancestry, disability, sex, sexual orientation, gender, gender identity or expression, genetic information or any other characteristic protected by law.

A single act of discrimination may be based on more than one legally protected identity. Where qualified individuals with a disability have a right to a reasonable accommodation under the Policy on Accessibility and Accommodations, knowing failure to accommodate such an approved accommodation may constitute discrimination under this policy.

Discrimination may be classified as either disparate impact or disparate treatment.
- Disparate Impact: Facially neutral practices that fall more harshly on one group than another and cannot be justified by business necessity.
- Disparate Treatment: Treatment of an individual that is less favorable than treatment of others based on discriminatory reasons.
Discriminatory Harassment: Conduct or speech that is based on a legally protected identity, and which is objectively severe, persistent, or pervasive such that it unreasonably interferes with an individual’s work performance, terms or conditions of employment, or participation or ability to benefit from a university program, or creates an intimidating, hostile or offensive environment for study, work, or social living.

In determining whether reported speech or conduct constitutes harassment under university policy, the university will consider all circumstances surrounding the reported incident(s), including, without limitation, the frequency, location, severity, context and nature of the speech or conduct, including whether the speech or conduct is physically threatening or humiliating.

In some instances, a single act may rise to the level of discriminatory harassment under this policy.
Legally Protected Identity: Race, color, religion, age, marital status, national origin, ancestry, disability, sex, sexual orientation, gender, gender identity or expression, genetic information or any other characteristic protected by law.
Preponderance of the Evidence: A standard of proof in which the totality of the evidence offered in support of a fact is greater or more convincing than the evidence which is offered in opposition to it; given the totality of information the version of events that is more likely than not. Preponderance of the evidence is understood to require more than 50 percent certainty to determine responsibility for a policy violation.
Reasonable Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available without fee or charge to the complainant and respondent, before or after the filing of a formal complaint, or where no formal complaint has been filed. Supportive measures are designed to balance restoring or preserving access, without unreasonably unburdening the other party.
Parties have a right to reasonable supportive measures under this policy.
Respondent: A person who is alleged to have engaged in discrimination or harassment, in violation of university policy.
Retaliation: Speech or conduct that targets an individual or group because of their participation in a procedure related to this policy, where such conduct adversely impacts participation in a university program or activity and/or terms or conditions of employment.
Student: Any person who attends or has attended the university. Persons admitted but never matriculated may not be considered students.
Third party: Any vendor, contractor, visitor, or guest.
Witness: Any individual with knowledge or information that is relevant to an allegation of discrimination or harassment.

VI. Procedures

A. Reporting:

Wentworth encourages the reporting of all perceived incidents of Discrimination, Discriminatory Harassment or Retaliation, as defined by both law and policy.

Upon receiving a complaint of Discrimination, Discriminatory Harassment, or Retaliation the university will coordinate a prompt, thorough and impartial response to the allegations. Complaints against students or employees will be addressed by the Executive Director of Equity and Compliance, pursuant to established procedures.

Individuals should report allegations of discrimination or harassment by contacting the Executive Director of Equity and Compliance:

Catlin Wells, M.Ed., J.D.
Executive Director of Equity and Compliance/Title IX Coordinator
204 CEIS
Phone: 617-989-4119
Email: wellsc1@wit.edu

Wentworth reserves the right to investigate known allegations of discrimination or harassment with or without participation from a Complainant.

B. Procedures for Complaints against Students and Registered Program Participants

Complaints against students and guests may be resolved through an informal resolution or through a formal grievance procedure.

1. Informal Resolution: At the discretion of the Executive Director of Equity and Compliance and with consent of the Complainant, the university may utilize informal resolution to resolve allegations of discrimination. Informal resolutions may include, but are not limited to, mediated conversations, educational meetings, or attendance in an educational workshop. An informal resolution does not constitute a finding of responsibility.
2. Formal Grievance Procedure: Complaints shall be investigated by the Executive Director of Equity and Compliance or designee in a manner that is prompt, thorough, and equitable.
  
  The investigator will compile an investigative summary, which will be provided to the a designated Decision-maker, who shall not have any other role in this process. Complaints under this policy will be adjudicated in a hearing, pursuant to the hearing procedures outlined in the Student Code of Conduct.
  
  Allegations which do not implicate this policy or which do not rise the level of a policy violation, as reported, will be dismissed. As appropriate, dismissed complaints may be referred to the Dean of Students or designee for consideration under other university policies or procedures.
  
  Complaints against guests will be addressed pursuant to the university’s guest policy.

C. Procedures for Complaints against Employees and Volunteers:

Complaints against employees or volunteers may be resolved through an informal resolution or through a formal grievance procedures.

Informal Resolution: At the discretion of the Executive Director of Equity and Compliance and with consent of the complainant, the university may utilize informal resolution to resolve allegations of discrimination. Informal resolutions may include, but are not limited to, mediated conversations, educational meetings, or attendance in an educational workshop. An informal resolution does not constitute a finding of responsibility.
Formal Grievance Procedure: Complaints that implicate this policy shall be investigated by the Executive Director of Equity and Compliance or designee in a manner that is prompt, thorough, and equitable. During the investigation, the investigator may speak to the complainant, the respondent, and any relevant witnesses. The investigator will gather any relevant evidence or documentation, which will be combined in an investigative report. The report shall include:
A description of the alleged conduct
Notice of the policy that was allegedly violated
A summary of evidence gathered in the course of the investigation
A summary of the findings and
Any recommendations, including recommended Disciplinary Action

In determining whether the alleged conduct occurred, the university shall use the preponderance of the evidence standard.

Recommendations, including recommended Disciplinary Action may be determined in conjunction with the Vice President of Human Resources or designee.

Allegations which do not implicate this policy or which do not rise the level of a policy violation, as reported, will be dismissed. As appropriate, dismissed complaints may be referred to the Vice President of Human Resources or designee for consideration under other relevant university policies or procedures.

D. Appeal Rights:

Parties have a limited right to appeal a decision. Within five (5) business days from the date in which the parties receive a written determination of the findings, the parties may appeal on the following grounds:

Bias: an administrator involved in coordinating or carrying out the process had a bias that impacted the outcome or
Procedural Error: there was a procedural error in the investigation that impacted the outcome.

Parties may appeal a decision by writing a letter to the Office of Institutional Equity, which will be assigned to an impartial Decision-maker who shall have no other role in the process.

If the Decision-maker upholds the decision, the matter will be closed. If the Decision-maker determines that there was bias or a procedural error that impacted the outcome, the university will take the necessary steps to correct the error.

Employees who are covered by a collective bargaining agreement may challenge a disciplinary action imposed under this policy through the grievance and arbitration procedure contained in that collective bargaining agreement.

VII. Additional Information and Related Documents

A. Related Policies

B. Assistance Outside of Wentworth Institute of Technology:

State and Federal Agencies share responsibility for administering the laws relating to unlawful discrimination or harassment. Members of the university may file a complaint with the following agencies:

State Agencies:
Commission Against Discrimination
One Ashburton Place
Boston, MA 02108
617-727-3990

Springfield Office
424 Dwight Street, Room 220
Springfield, MA 01103
413-739-2145

Federal Agencies:
Equal Employment Opportunity Commission
One Congress Street
Boston, MA 02114
617-565-3200

U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Room 509F HHH Bldg.
Washington, D.C. 20201

Office for Civil Rights Region I
U.S. Department of Health and Human Services
Government Center J.F.K Federal Building - Room 1875
Boston, MA 02203
Voice phone 800-368-1019
FAX 617-565-3809
TDD 800-537-7697

Filing a complaint with a government agency does not preclude an individual from filing a complaint with the university.

VIII. Interpretation and Revision

Any questions of interpretation regarding this policy shall be referred to the Executive Director of Equity and Compliance, within the Office of Institutional Equity. They will be the final authority regarding the interpretation of this Policy.

This policy shall be reviewed every 3 years, however minor changes and updates can be made at any time.

Wentworth will typically apply the policy in place at the time it receives a report concerning the respected policy.

In instances where two or more policies are implicated, a case-by-case determination will be made to determine what policy will be used.

IX. Review and Revision History

This Policy was drafted and reviewed by representatives from the Division of Diversity, Equity, and Inclusion, Student Affairs, and Human Resources on November 6, 2020. The policy was last updated on August 23, 2023.