Affirmative Action

In 1838, Horace Mann founded Westfield State as the first public higher education institution without barrier to race, gender or economic class. During the post-Civil war period, Westfield became known for educating freed African-Americans. Today we continue to honor our history by recruiting students, faculty and staff whose range of lifestyles, cultures, talents and global perspectives enrich Westfield’s academic and community life.

Westfield State University and the Office of Human Resources/Affirmative Action is committed to affording all students access to all of the educational opportunities available regardless of race, creed, color, gender, age, marital status, sexual orientation, national origin, religion, veteran status, and physical disability.

Westfield State further prohibits acts of sexual harassment, and is committed to a living and learning environment that is free from all forms of sexually abusive, harassing, or coercive conduct.

The University’s policy of non-discrimination incorporates, by reference, the requirements of Federal Executive Orders 11246 and 11375 as amended; the Civil Rights Act of 1964 as amended; the Civil Rights Restoration Act of 1988; the Civil Rights Act of 1991; Title IX of the Education Act of 1972; Section 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; Section 402 of the Vietnam era Veterans Readjustment Act of 1974, and pertinent laws, regulations and executive directives of the Commonwealth of Massachusetts, including regulatory procedures set forth under Chapter 820 of the Acts of 1973, and other applicable state and federal statutes.

Students are encouraged to contact the Office of Human Resources/Affirmative Action, an administrator, or faculty member with whom they feel comfortable to discuss issues of discrimination or harassment. Often, students are uncertain whether what they have witnessed or been subjected to is a violation of University policy or state/federal regulation. In these instances or whenever a member of the University community feels that they have been harassed or discriminated against please notify and seek advice from the Assistant Vice President, Human Resources/Affirmative Action.

For complaints of discrimination or harassment or accessibility to facilities: Assistant Vice President, Human Resources/Affirmative Action, Mr. Rafael Bonés, Horace Mann Center, Room 202, 413-572-8106. E-mail: rbones@westfield.ma.edu.

Discriminatory Harassment Policy – Number 2160

Purpose

It is the goal of Westfield State University to promote a campus that is free of Discriminatory Harassment on the basis of gender, race, color, disability, religion, creed, age, sexual orientation, gender identity, genetic information, national origin, and marital or veteran status.

Policy

Discriminatory harassment of faculty, staff and students occurring in the classroom/learning environment or in other University settings is unlawful and will not be tolerated by the Commonwealth. Further, any retaliation against any individual for cooperating with an investigation of a discriminatory harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal of providing a University environment free of discriminatory harassment, the conduct that is described in the policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by faculty, staff and students. Because Westfield State University takes allegations of discriminatory harassment seriously, we will respond promptly, in accordance with the Massachusetts State Colleges Affirmation Action/Equal Opportunity/Diversity Plan to complaints of discriminatory harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Please note that while this policy sets forth our goals of promoting a University environment that is free of discriminatory harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for work-place and classroom conduct which we deem unacceptable, regardless of whether that conduct satisfies the discriminatory harassment.

Definition of Discriminatory Harassment

“Discriminatory Harassment” is a form of unlawful discrimination including verbal and/or physical conduct based on legally protected characteristics and/or membership in a protected class that:

1. Has the purpose or effect of creating an objectively intimidating, hostile or offensive work or educational environment; or
2. Has the purpose or effect of unreasonably interfering with an individual’s work or learning performance; or
3. Otherwise unreasonably adversely affects an individual’s employment or educational opportunities.

For purposes of this Policy, speech or other expression constitutes harassment by personal vilification if it:

1. Is intended to insult or stigmatize an individual or a small number of individuals on the basis of their gender, race, color, disability, religion, creed, age, sexual orientation, gender identity, genetic information, national origin, marital or veteran status; and
2. Is addressed directly to the individual or individuals whom it insults or stigmatizes; and
3. Makes use of insulting or “fighting” words or non-verbal symbols.

In the context of discriminatory harassment by personal vilification, insulting or “fighting” words or non-verbal symbols are those that, by their very utterance, tend to incite to an immediate breach of peace, and that are commonly understood to convey direct and visceral hatred or contempt for human beings on the basis of their gender, race, national origin, color, disability, religion, creed, age, sexual orientation, gender identity, genetic information, marital or veteran status.

For purposes of this Policy, conduct constitutes hostile environment harassment when it:

1. Is targeted against an individual (s) on the basis of his or her membership in a protected class; and
2. Is not welcomed by the individual (s); and
3. Is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive.

Complaints of Discriminatory Harassment

If any Westfield State University faculty, staff and student believe that they have been subjected to Discriminatory Harassment, you have the right to file a complaint. This may be done in writing or orally.

If you would like to file a complaint, you may do so by contacting the Office of Human Resources/Affirmative Action. They are available to discuss any concerns you may have and to provide information to you about the University’s policy on discriminatory harassment and the University’s complaint system. The procedures for reporting discriminatory harassment can be located on the Affirmative Action website at www.westfield.ma.edu/officesservices/affirmative-action-equal-opportunity-office/. The University Title IX Coordinator is:

Affirmative Action/Equal Opportunity Policies

The following is a list of university policies that are available at: www.westfield.ma.edu/offices-services/affirmative-action-equal-opportunityoffice/

Retaliatory Action Prohibited

The University prohibits retaliatory action against persons who file claims, complaints or charges under these procedures, under applicable local, state or federal nondiscrimination statutes, who are suspected of having filed such claims, complaints or charges, who have assisted or participated in an investigation or resolution of such claims, complaints or charges, or who have protested practices alleged to be violative of the nondiscrimination policy of the University, the Board of Higher Education, or local, state or federal nondiscrimination regulation or statute. Such retaliation is cognizable under these procedures as well as under state and federal law. Retaliation, even in the absence of provable discrimination in the original complaint, charge or allegation, constitutes a violation as serious as proved discrimination under the original claim, complaint, charge or allegation. Any person who believes s/he has been retaliated against in this manner is encouraged to immediately file a claim or complaint under these procedures.

Other Administrative Options

It is the intent of the administration of the University to actively respond to all claims/complaints of discrimination with the hope that it can fully, quickly, and adequately resolve them internally. The University also recognizes the right of all complainants to file charges of unlawful discrimination with the appropriate federal, state or local agency with or without first pursuing a resolution of the claim/complaint through the University’s discrimination complaint procedures. These agencies include:

Massachusetts Commission Against Discrimination
436 Dwight Street
Springfield, MA 01103

Massachusetts Commission Against Discrimination
One Ashburton Place
Boston, MA 02108

U.S. Equal Employment Opportunity Commission
One Congress Street, 10th Floor
Boston, MA 02114

United States Office of Education/Office for Civil Rights McCormack Post Office and Court House Building
Room 222
Boston, MA 02109

Review

This document will be reviewed annually by the Office of Human Resources/Affirmative Action.