[I'm typing this in bit by bit here... Actually, I should probably try to get a hold of a scanner some time. send me email about any typos... -shabby ] CHAPTER 2 - POLICIES AND STANDARDS page 15 . MIT's Policy on Harassment Harassment of any kind is not acceptable behavior at MIT; it is inconsistent with the commitment to excellence that characterizes MIT activities. MIT is committed to creating an environment in which ever individual can work, study and live without being harassed. Harassment may therefore lead tosanctionsup to and including termination of employment or student status. Harassment is any conduct, verbal or physical, on or off campus, which has the intent or effect of unreasonable interfering with an individual's or group's educational or work performance at MIT or which creates an intimidating, hostile or offensive educational, work or living environment. Some kinds of harassment are prohibited by civil laws or by MIT policies on conflict of interest and nondiscrimination (see relevant sections of _Policies and Procedures_). Harassment on the basis of race, color, gender, disability, religion, national origin, sexual orientation or age includes harassment of an individual in terms of a stereotyped group characteristic, or because of that person's identification with a particular group. Sexual harassment may take many forms. Sexual assault and requests for sexual favors which affect educational or employment decisions constitue sexual harassment. However, sexual harassment may also consist of unwanted physical contact and requests for sexual favors, visual displays of degrading sexual images, sexually suggestive conduct, or offensive remarks of a sexual nature. The Institute is committed under this policy to stopping harassment and associated retaliatory behavior. All MIT supervisors have a responsibility to act to stop harassment in the areas under their supervision. Any member of the MIT community who feels harassed is encouraged to seek assistance and resolution of the complaint. To implement the policy on harassment, MIT provides a variety of avenues by which an individual who feels harassed may proceed. These procedures are intended to assure confidentiality, prevent reprisal, and achieve prompt resolution of complaints while protecting the rights of the person bringing the complaint and of the person accused of harassment. General complaint procedures are described in _Policies and Procedures_ Section 3.33. _Policies and Procedures_ is available from the Information Center, 7-133. . What Is and Is Not Harassment The options described in this Guide are intended to help members of the MIT community deal with a wide spectrum of offensive behavior, whether or not a court or a formal grievance proceeding at MIT would find the behavior to constitute harassment. The courts are generally restrictive in their definitions and requre the complainant to prove the complaint, and MIT also is quite restrictive with respect to definition and is insistent on a fair process. However, offensive behavior does not have to be found to constitute harassment in a formal proceeding in order for someone to take steps to get it to stop. For example, it may be possible to get offensive behavior stopped just by asking the offender to stop, even though there may be insufficient evidence to prove in a formal proceeding that the offense took place. There is also a wide variety of uncivil behavior that is not illegal but which a person may stop if asked. Sometimes such behavior is not intended to be offensive, and therefore, the person may change behavior if asked to do so. Finally, even though certain offensive speech may be protected as free speech, for example in the classroom, an offended person may wish to ask informally for the offense to stop. . Examples of Behavior That Might Be Found To Be Harassment Behavior that might be found to be harassment includes assault and battery of any kind. Examples include assault and battery against people of color, against gays and lesbians, sexual assault, and rape. (Please note that these actions are criminal, and constitute behavior that should be brought to the attention of the Campus 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 reprisal and actual reprisal, and sexual bribes and blackmail are examples of harassment; some may also be found to be criminal behavior. Other examples of unacceptable behavior that might be found to be harassment would include repeated, unwanted touching or kissing, especially if the behavior has been labelled 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 tirades from a faculty member or other supervisor, deliberate, repeated humiliation of someone -- including deliberate humiliation on the basis of sexual orientation, religion, nationality, age, disability, gender or race. Continued use of a handicap railing or handicap ramp to lock a bicycle or other object after a warning, or other deliberate interference with the life or work of a disabled person might be found to be harassment. Deliberate desecration of religious articles or places, repeated unwanted proselytizing, and repeated interference with the reasonable pursuit of religious life might be found to be harassment. Repeated insults about loss of personal and professional competence addressed to an older person might be found to be harassment. An unfounded harassment complaint deemed to have been made in malice would be treated as a serious offense by MIT. Dishonesty in the context of an investigation of harassment or reprisal for bringing a complaint would be treated as serious offenses by MIT. . Examples of Behavior That Is Not or Probably Not Harassment >Everyday Administrative Action In order to get work done, supervisors often have to make difficult decisions -- about moving people or about changing work assignemnts, for example. These decisions may or may not please others, but they do not constitute harassment. >Performance Evaluation A negative performance evaluation as such is not harassment. Supervisors have a responsibilty to give appropriate criticism and to take appropriate corrective action when a student or employee's work is not satisfactory. Such criticism should, however, be made in a reasonable manner, should be constructive, 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 a 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 (see _Policies and Procedures_), and for taking responsible action to avoid or end any such conflict. Moreover, this kind of situation may lead to harassment complaints by third parties, or by one of the participants in the relationship if it breaks up, whether or not a conflict of interest results. >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. It is not harassment for a supervisor or other appropriate person to investigate a complaint of harassment, including talking with witnessses on both sides. . Behavior Which May Be Offensive, Whether or Not It Is Harassment . Standards for Supervisors . Freedom of Expression [elsewhere known as "page 18"] Freedom of expression is essential to the mission of a university. So is freedom from unreasonable and disruptive offense. Members of this educational 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 in a professional fashion to express concern. 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 agroup in the MIT community, it is appropriate to convey your sense of offense to those who created the poster. It is not appropriate to remove or deface the poster. It is usually easier to deal with issues of free expression and harassment when members of the community think in terms of interests rather than rights. It may be "legal" to do many things that are not in one's interests or in the interests of 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 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. . Records