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General Policies (Chapter 1)

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Equal Employment Opportunities (Section 100)

Smith College Affirmative Action Policy

Smith College affirms that diversity in all aspects of the educational environment is necessary for achieving the highest level of academic excellence. As a central element of this commitment to excellence, the College seeks to provide an environment that fosters the recruitment and success of a diverse student, faculty and staff community. The College aspires to create and maintain an educational, working, and living environment that is respectful of differences and free from harassing behavior.

It is the policy of Smith College to provide equal employment opportunities without regard to race, color, religion, sex, national origin, age, sexual orientation, gender identity, disability, genetic information, veteran or special disabled status. This policy relates to all phases of employment, including, but not limited to, recruiting, employment, placement, upgrading, demotion or transfer, reduction of workforce and termination, rates of pay or other form of compensation, selection for training, the use of all facilities, and participation in all College-sponsored employee activities.

Smith College employees carry out this commitment by:

  1. Lawfully administering all employment policies;
  2. Addressing and not tolerating unlawful harassment in the workplace;
  3. Addressing and not tolerating unprofessional conduct in the workplace.
  4. Recruiting, hiring, training, and promoting persons in all job classifications, without unlawful regard to age, race, color, national origin/ancestry, religion, sex or gender, sexual orientation, gender identity, mental or physical disability, genetic information, or veteran status/membership in the uniformed services; and
  5. Making all employment decisions consistent with the principles underlying equal employment opportunity.

Consistent with its commitment to access and diversity and as a federal contractor, the College takes affirmative action as called for by applicable laws and executive orders to ensure that minority group individuals, females, veterans, and qualified disabled persons are introduced into our workforce and considered for promotional opportunities as they arise.

It is the responsibility of each supervisor of the College to ensure affirmative implementation of these policies to avoid any discrimination in employment. All employees are expected to recognize these policies and cooperate with their implementation. Intentional violation of these policies is a basis for employee disciplinary action. Employees and applicants shall not be subjected to harassment or intimidation because they have: (1) filed a complaint; (2) assisted or participated in an investigation, compliance review, hearing or any other activity related to the administration of any federal, state, or local law requiring equal employment opportunity; (3) opposed any act or practice made unlawful by any federal, state, or local law requiring equal opportunity; or (4) exercised any other legal right protected by federal, state, or local law requiring equal opportunity.

The Director of Institutional Diversity/Affirmative Action Officer has been assigned to direct the establishment of and to monitor the implementation of personnel procedures to guide our affirmative action program throughout the College, and to oversee and coordinate all efforts of the College to achieve its goals in the attainment of campus diversity. This policy and related initiatives are posted at www.smith.edu/oid/.

Commitment to Academic Freedom

As an academic institution, teaching, doing research, and learning are subject to the protections of 'academic freedom' as described in the college's policy on academic freedom. Actions or words used in the context of the academic curriculum and teaching environments that serve legitimate and reasonable educational purposes will not be evaluated as harassment or unlawful discrimination because of the principles underlying academic freedom.

Equal Opportunity Policy Complaint Procedure

The College has created the following guidelines and procedures for the resolution of complaints alleging violation of this Equal Opportunity Policy.

I. Pre-Complaint Resolution Strategies

In a diverse community, disagreements and conflicts of various degrees of seriousness are inevitable. Many issues are best resolved informally, by direct communication between the individuals involved, or with the help of mediation by a third party. However, such a strategy may be inappropriate when the conduct is severe or when the person responsible for the alleged behavior holds a position of authority. Under these circumstances the complainant is encouraged to use the formal complaint procedure. The Equal Opportunity Complaint Filing form is posted on the Human Resources website. The following members of the college community are available to discuss complaints or concerns under this policy: all supervisors or department heads, the Associate VP for Human Resources, the Assistant Director of Human Resources, the Dean of the School for Social Work, the Director of Institutional Diversity and Equity.

These persons are prepared to assist with the assessment of a concern and to explain the options and resources available for resolving concerns. Questions are encouraged; merely discussing an incident in this way does not commit an individual to making a complaint. After discussion with one or more of these persons, the complainant may: pursue the matter on her or his own; ask the Director of Institutional Diversity and Equity to discuss the matter with the person who engaged in the conduct; ask one of the specialists listed below to mediate; or proceed to the formal complaint process described below. The Director of Institutional Diversity and Equity will provide advice to all parties on the substantive issues involved and the means for addressing the complaint and its possible resolution. Should one of these persons undertake to mediate, she or he will so inform the Director of Institutional Diversity and Equity.

The matter will be considered resolved when there is an agreed resolution acceptable to all parties. A written record of the resolution and any other relevant documents will be maintained by the Office of Institutional Diversity and Equity and will not become part of a personnel file. Failure to respond to a complaint, or refusal to participate in informal mediation, shall not be introduced as a consideration during any formal proceedings that might arise.

Informal resolution may not be appropriate when the behavior complained of is so egregious as to constitute a violation of policy that could result in disciplinary action. After learning about a situation from the complainant, any of the above listed persons may determine that an investigation into the complaint is merited even if the complainant does not file a formal complaint.

II. Formal Complaint Procedures

When the College receives a formal complaint under this policy it will promptly investigate the allegation in a fair and expeditious manner. Every effort will be made to proceed while maintaining confidentiality to the extent practicable under the circumstances. If it is determined that this policy has been violated the college will act promptly to eliminate the offending conduct, and where appropriate will impose disciplinary action.

Procedure

If a complainant believes the Equal Opportunity Policy has been violated and informal resolution is not appropriate, or has not been successful, s/he should report the incident promptly to his/her supervisor or department head, the Associate VP for Human Resources, the Assistant Director of Human Resources , the Dean of the School for Social Work, or the Director of Institutional Diversity and Equity. In order to aid in the fairness of this process, formal complaints should be filed within 7 (seven) calendar days of the offending or questionable action or behavior by completing an Equal Opportunity Complaint Filing Form.

This procedure does NOT cover allegations of sexual harassment. For sexual harassment complaints, please see the Sexual Harassment Policy, Section 103, in this handbook. The following is an outline of the procedure generally followed once a complaint has been brought to the attention of the college:

Disciplinary Action

In the event the investigation results in a finding that this policy has been violated, further action will be taken, including disciplinary action such as but not limited to reprimand, change in work assignment, mandatory training or suspension and/or immediate termination.

Confidentiality

All actions taken to investigate and resolve complaints through this procedure shall be conducted with as much privacy, discretion and confidentiality as possible, without compromising the thoroughness and fairness of the investigation. All persons involved should treat the situation with respect. To conduct a thorough investigation, the investigator(s) may discuss the complaint with witnesses and those persons involved in or affected by the complaint, and those persons necessary to assist in the investigation or to implement appropriate disciplinary actions.

No Retaliation for Filing a Complaint

Retaliation against an individual for making a complaint or for assisting in the investigation of such a complaint will not be tolerated. Any acts of retaliation will be subject to disciplinary action. If an individual involved in an investigation believes s/he has been retaliated against s/he should contact one of the on-campus resources listed.

III. College Investigators of Complaints

Pamela Nolan Young, Advisor for Equity Complaints, X2141

Carolyn Jacobs, Dean, School for Social Work, X7977

Larry Hunt, Associate Vice President for Human Resources, X2262

Jenny Silver, Assistant Director of Human Resources X2288

IV. State and Federal Agency Complaints

In addition to the above, an individual who believes he or she has been subjected to illegal discrimination may file a formal complaint with the government agencies listed below. Using the College's complaint process does not prohibit an individual from filing a complaint with either of these agencies. Claims filed with MCAD or EEOC must be filed within 300 days from the date of the alleged violation.

Massachusetts Commission Against Discrimination (MCAD)
436 Dwight Street, Rm 220
Springfield, MA 01103
Telephone: (413) 739-2145

U. S. Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Telephone: (617) 565-3200

Genetic Information Nondiscrimination Act

Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and other aspects of employment. GINA also restricts employer acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of disease or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.