Nondiscrimination and Harassment Policy

Brandeis University is committed to providing its students, faculty and staff with an environment conducive to learning and working and where all people are treated with respect and dignity.

Toward that end, it is essential that Brandeis be free from discrimination and harassment on the basis of race; color; ancestry; religious creed; gender identity and expression; national or ethnic origin; sex; sexual orientation; pregnancy; age; genetic information; disability; military or veteran status; or any other category protected by law (also known as membership in a "protected class"). Violations of this policy will not be tolerated and may result in corrective actions up to and including termination from employment.

The university has the responsibility to help prevent harassment and discrimination from occurring, to pursue concerns of which it is aware, to investigate concerns thoroughly and in an impartial fashion and to take immediate and appropriate action to remedy instances of harassment and discrimination. Brandeis takes this responsibility seriously. Therefore, violations of this policy will not be tolerated and may result in corrective action up to and including release from employment.

Certain conduct described below may also violate the university's sexual assault, domestic violence, dating violence and stalking policy and/or sexual harassment policy. Any relevant allegation filed under this policy will be reviewed under those policies as well.

Applicability

This policy applies to all Brandeis employees, i.e., faculty and staff members. In addition, the university encourages visitors, parents, prospective students and third-party vendors (e.g., Sodexo and Follett) to report instances of discrimination or harassment that occur on university property or at university-sponsored events to the Office of Equal Opportunity and/or the Title IX coordinator.

Understanding Discrimination

Discrimination in employment is defined as taking adverse action against someone or treating someone differently in the terms and conditions of their employment or their education based on their membership in a protected class. Prohibited conduct includes:

Brandeis University will consider harassment based on an individual’s membership in a protected class to be a form of discrimination and will not tolerate it. The university regards as harassment any conduct that has the purpose or effect of unreasonably interfering with a person's education or work performance by creating an intimidating, hostile, humiliating or offensive environment in which to work, study or live; or otherwise adversely affects a person's employment or educational opportunities.

Examples of Harassment/Discrimination

Depending on the circumstances, the following are examples of behaviors that may constitute harassment and/or discrimination under this policy. This is not an exhaustive list:

The display and analysis of such materials used by a faculty member for educational purposes in the classroom, office or comparable space do not constitute harassment or discrimination.

When a complaint is filed, the university will determine whether this policy has been violated based on consideration of the facts and circumstances surrounding the alleged conduct. The university may take action on conduct that it deems to be inappropriate, regardless of whether it rises to the level of a violation of law.

Management and Faculty Responsibility

Faculty, managers, and supervisors are responsible for being knowledgeable of the types of actions that constitute harassment and discrimination and for demonstrating unwillingness to tolerate such actions, including taking appropriate action to maintain an environment free from harassment or discrimination.

Employee Responsibility to Report

All employees who witness or are made aware of allegations of incidents of discrimination or harassment are required to promptly report such allegations to the Office of Equal Opportunity. Concerns about harassment or discrimination by a faculty or staff member, including visiting faculty, postdoctoral fellows or graduate students acting in an instructional capacity, should be brought to the attention of the director of the Office of Equal Opportunity. You may also report any such incident on the Department of Student Rights and Community Standards' "Report It" webpage. Employees of the university who fail to promptly report such allegations may be subject to disciplinary action. Employees whose positions legally require confidentiality (i.e., clergy and counseling staff) or who are designated by the university as confidential employees are exempt from reporting.

The director will discuss with the reporting party informal and formal options for resolution. In some cases, depending on the scope of events, the history of the responding party and the needs of the university, the director will have to conduct a formal investigation even if the reporting party would prefer an informal resolution to the situation.

Employees who would like to discuss their situation with a confidential resource can meet with the university ombuds and/or the university chaplains and/or the Prevention, Advocacy and Resource Center.

For guidance and/or to file a complaint against undergraduate or graduate students, contact the dean of students at 781-736-3546. You may also report any incident of discrimination or harassment on the Brandeis "Report It" webpage.

Problem Resolution

In the case of harassment or discrimination, the Office of Equal Opportunity is available to assist in this process. If the individual(s) involved wish to file a complaint or if, in the judgment of the director of the Office for Equal Opportunity, the matter requires further fact-finding or review, claims will be investigated and resolved by that office. The investigation and resolution process is outlined in the nondiscrimination and harassment problem and appeal procedure for claims of harassment/discrimination against staff or faculty.

Retaliation

Retaliation is a separate violation that law and this policy strictly prohibit. Retaliation occurs when a person engages in a protected activity, e.g., in good faith, initiates a complaint of harassment or discrimination or cooperates in its investigation; when another party, who knows of that activity, takes an adverse action against the person engaged in it; and when the adverse action was caused or motivated by the protected activity. Retaliation may result in corrective action, up to and including termination from employment or loss of privileges.

Examples of retaliatory action may include the following:

State and Federal Employment Discrimination Agencies

Brandeis University is committed to a harassment- and discrimination-free environment and encourages individuals to bring their concerns to the attention of the university. An individual has the right, however, to file a formal complaint with either or both of the government agencies set forth below. Using the university complaint process does not prohibit anyone from filing a complaint with these agencies. The time frame for filing with these agencies is 300 days.

U.S. Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
15 New Sudbury St., Room 475
Boston, MA 02203
800-669-4000
https://www1.eeoc.gov/field/boston/

Massachusetts Commission Against Discrimination (MCAD)
Boston Office
One Ashburton Place, Suite 601
Boston, MA 02108
617-994-6000

Springfield Office
436 Dwight St., Room 220
Springfield, MA O1103
413-739-2145
https://www.mass.gov/orgs/massachusetts-commission-against-discrimination