It is the policy of the Conservatory to maintain a work and academic environment that is free of sexual harassment and discriminatory actions based on race, color, gender, age, sexual orientation, religion, ethnic or national origin, physical or mental disability, genetic information,  veterans’ status, membership in uniformed services, or any other protected status. Unlawful employment discrimination and sexual harassment by officers, managers, faculty, supervisors, employees, students, advisors, vendors, clientele, and contractors will not be tolerated.

Further, any retaliation against an individual who has complained about sexual harassment or unlawful discrimination, or retaliation against individuals for cooperating with an investigation of a complaint of sexual harassment or unlawful discrimination, is similarly unlawful and will not be tolerated.

The Conservatory will investigate complaints of violation of this policy.  Persons who violate this policy will be subject to disciplinary action up to and including termination of employment, suspension, and/or expulsion.

Definition of Unlauful Discrimination and Sexual Harassment
A. Unlauful Discrimination
Unlawful discrimination is strictly prohibited by the Conservatory and will not be tolerated. Treating an employee or student differently in the terms or conditions of his or her employment or education on the basis of the employee’s or student’s race, color, gender, age, sexual orientation, religion, ethnic or national origin, physical or mental disability, genetic information, veterans’ status, membership in uniformed services, or any other protected status constitutes unlawful discrimination.

B. Sexual Harassment
Sexual harassment is a form of discrimination that is illegal under both federal and Massachusetts state law and is strictly prohibited by the Conservatory. Unwelcome sexual advances, requests for sexual favors and other physical or verbal conduct of a sexual nature constitute sexual harassment when:

Submission to such advances, requests or conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement or participation in Conservatory programs or activities, or is used as a basis for employment or academic decisions affecting the individual; or

Rejection of such advances, requests or conduct affects a term or condition of an individual’s employment or academic advancement or participation in Conservatory programs or activities, or is used as a basis for employment or academic decisions affecting the individual; or

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work, academic performance, education, or participation in Conservatory programs or activities, or of creating an intimidating, hostile, work or academic environment.

CONDUCT WHICH MAY CONSTITUTE UNLAWFUL SEXUAL HARASSMENT
Sexual harassment does not refer to words or actions of a welcome nature. It refers to behavior that is not welcome and occurs in a variety of situations which share a common element: the inappropriate introduction of sexual activities or comments into the work or academic environment. Harassing conduct need not be motivated by sexual desire in order to constitute unlawful sexual harassment.

Sexual harassment often involves relationships of unequal power. Such situations may contain elements of coercion, such as when compliance with requests for sexual favors becomes a condition for granting privileges or favorable treatment on the job or in the classroom. However, sexual harassment may also involve relationships among persons of equal authority or power, such as when repeated unwelcome advances or demeaning verbal comments by a co-worker towards another co-worker unreasonably interferes with a person’s ability to perform his or her work. Sexual harassment can also involve behavior directed to and/or by students of the Conservatory, as well as employees and non-employees of the Conservatory, in short all members of the community may become harassers or victims of harassment.

Depending upon the circumstances and how they impact the workplace or academic environment, examples of sexual harassment include but are not limited to such conduct as the following:

Verbal abuse, insults, jokes, comments or innuendo of a sexual nature that include lewd, obscene or sexually suggestive displays or remarks;
Physical contact, such as touching, hugging, kissing, patting, or pinching, that is uninvited and unwanted by the other person;
The requests or demands for sexual favors accompanied by implicit or explicit promised rewards or threats concerning an individual’s employment status or educational status;
Repeated unwelcome social invitations, sexual flirtations, advances, propositions or unwanted requests for sexual favors;
Threatened, attempted, or completed physical sexual assault;
Indecent exposure;
Romantic involvement (even if consensual) between supervisors and subordinates that impacts the workplace and/or other individuals in areas such as assignments, advancements and benefits; or
Romantic involvement (even if consensual) between supervisors and students they supervise that impacts the academic environment and/or other students in areas such as assignments, grades and academic benefits.

Conduct Which May Constitute Unlawful Discrimination
Depending upon the circumstances and how they impact the workplace or academic environment, examples of unlawful discrimination could include the above-referenced examples concerning sexual harassment, as well as the following types of conduct:

Making decisions about a person’s employment, compensation or education based upon his or her race, color, gender, age, sexual orientation, religion, ethnic or national origin,  physical or mental disability, genetic information, veterans’ status, membership in uniformed services,  or any other protected status;
Verbal abuse, offensive innuendo or derogatory words, concerning a person’s race, color, gender, age, sexual orientation, religion, ethnic or national origin, disability, veterans’ status, or any other protected status;
An open display of objects or pictures designed to create a hostile working/learning environment based on a person’s race, color, gender, age, sexual orientation, religion, ethnic or national origin, physical or mental disability, genetic information, veterans’ status, membership in uniformed services, or any other protected status.

Employee, Faculty, and Student Responsibilities
Each employee, faculty member, administrator and student of the Conservatory is personally responsible for ensuring that his or her conduct does not sexually harass or unlawfully discriminate against anyone in the workplace. Each employee, faculty member, administrator and student is responsible for cooperating in any investigation of alleged sexual harassment or unlawful discrimination if requested to do so by the person conducting the investigation.

Any person who observes an incident that may constitute sexual harassment or unlawful discrimination or who otherwise becomes aware of such an incident should immediately notify one of the investigator(s) listed below.

Educational Setting
In the educational setting within the Conservatory, there exists latitude for a faculty member’s professional judgment in determining the appropriate content and presentation of academic material. Academic curriculum and pedagogical goals that serve legitimate and reasonable educational purposes do not, in and of themselves, constitute sexual harassment or other unlawful discrimination. Those participating in the educational setting bear a responsibility to balance their professional academic responsibilities and academic freedoms with a consideration of the reasonable sensitivities of other participants.

Nothing contained in this policy shall be construed to limit the legitimate and reasonable academic responsibilities and academic freedoms of the Conservatory’s professional educators.

2013-07-08


LIFE IS A LOT LIKE JAZZ. IT'S BEST WHEN YOU IMPROVISE. GEORGE GERSHWIN