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Equal Educational Opportunity Policy

Smith College affirms that diversity in all aspects of the educational environment is necessary to achieve the highest level of academic excellence. As a central element of its commitment to excellence, the college seeks to maintain an environment that is free of conduct that unreasonably interferes with the academic and professional experience of any member of its community.

Consistent with this commitment, the college complies with Title VI of the Civil Rights Act of 1964 (“Title VI”), which prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal financial assistance, Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in educational programs and activities, Section 504 of the Rehabilitation Act of 1973 (“Section 504”), which prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance and the relevant laws of the Commonwealth of Massachusetts, which prohibit discrimination in education.

The college is committed to creating an educational environment that is open to all individuals without discrimination on the basis of age, race, color, national origin/ancestry, religion, sex or gender, gender identity, sexual orientation, mental or physical disability, genetic information, or veteran status/membership in the uniformed services. The college affirms its commitment by holding all of its community members responsible for upholding this principle and recognizing their legal obligations under applicable federal and state statutes.

This policy provides procedures that will be used where a college student believes that they have experienced discrimination or discriminatory harassment by a community member in an educational practice or program, in violation of the college’s nondiscrimination statement. This policy does NOT cover allegations of sexual harassment, complaints of employment discrimination, or grade disputes. For sexual harassment complaints, please see the Gender-Based and Sexual Misconduct Policy. For allegations of discrimination in employment practices, please see the college’s Equal Employment Opportunity Policy. Grade disputes are governed by the college’s Grade Dispute Policy.


Commitment to Academic Freedom

As an academic institution, teaching, conducting research and learning are protected by “academic freedom” as described in the college’s Statement on Academic Freedom and Freedom of Expression. Actions or words used in the context of the academic curriculum and teaching environment that serve legitimate and reasonable educational purposes will not be evaluated as discrimination or discriminatory harassment because of the principles underlying academic freedom.


Prohibition of Discrimination and Discriminatory Harassment

This policy prohibits discrimination and discriminatory harassment in educational practices or programs by any community member that teaches, educates or otherwise provides course support for students (e.g., faculty, lab instructors, coaches).

Discrimination

Discrimination, under this policy, is defined as conduct directed at a student because of their age, race, color, national origin/ancestry, religion, sex or gender, gender identity, sexual orientation, mental or physical disability, genetic information, or veteran status/membership in the uniformed services and that subjects that student to different treatment that adversely affects their ability to access or participate in an educational opportunity at the college.

Discriminatory Harassment

Discriminatory harassment is unwelcome and unprofessional conduct that targets an individual because of age, race, color, national origin/ancestry, religion, sex or gender, gender identity, sexual orientation, mental or physical disability, genetic information or veteran status/membership in the uniformed services. Discriminatory harassment violates this policy where enduring the offensive conduct becomes a condition of the student’s continued education, or where the conduct is severe, persistent or pervasive enough to create an educational environment that a reasonable person would consider intimidating, hostile or abusive.


Equal Educational Opportunity Complaint Procedures

The college applies the following guidelines and procedures for the resolution of complaints alleging violations of this policy.

Informal Resolution Procedures

To promote mutual trust, learning and understanding, students are encouraged to address matters through informal resolution, although they are not required to do so. The college encourages open and honest communication between members of its community. Often differences can be resolved by communication between the relevant parties. Further, the pursuit of an informal resolution does not prevent the student from submitting a formal grievance if the informal resolution fails.

Students are encouraged to discuss the matter with the community member with whom the underlying dispute concerns. The Ombuds, the relevant Department Chair, or the student’s Academic Dean may help with informal resolutions. These persons are prepared to assist with the assessment of a concern and to explain the options and resources available for resolving and redressing concerns. Questions are encouraged; merely discussing an incident in this way does not commit an individual to making a complaint. Discussions aimed at informal resolution must remain confidential and generally last for no more than seven (7) working days.

The matter will be considered resolved when there is an agreed-upon resolution acceptable to all parties. If no resolution results, the student should consult their Academic Dean. If the student feels that no satisfactory resolution has been made, the student may file a formal complaint.

Formal Complaint Procedures

A student may initiate a formal complaint by contacting the Ombuds, the Associate Provost and Dean for Academic Development or the Vice President for Inclusion, Diversity & Equity. In all cases, the college will respond to reports to violations of this policy in a prompt, fair and impartial manner. In the interests of ensuring that investigations are done in an effective manner, students are encouraged to make complaints immediately after the conduct complained of. Complaints must be brought no later than 3 months after the end of the student’s participation in the affected course or educational program.

For the purposes of this policy, the person who reports that they have been subjected to discrimination or discriminatory harassment, or is the subject of such a report shall be referred to as the “complainant.” The person against whom the complaint is filed shall be referred to as the “respondent.”

When the college receives a formal complaint, 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 to eliminate the offending conducts and, where appropriate, will impose disciplinary action. All college community members who have responsibility for investigating, addressing, or redressing claims of discrimination or discriminatory harassment under this policy, including determining the applicability of academic freedom or freedom of expression, shall receive yearly training.

Filing a Formal Complaint

If no informal resolution occurs and the student wishes to file a formal complaint, the student should inform the Office of Inclusion, Diversity & Equity of their intent to file a formal complaint. Within seven (7) calendar days of this notice, the student should submit a written complaint to the Vice President of Inclusion, Diversity & Equity. The written complaint should document and describe the alleged discriminatory conduct, how that conduct violated this policy, the evidence supporting the alleged violation, and a description of the redress sought by the complainant.

Initial Assessment

Upon the receipt of a complaint, the Title IX Coordinator and Institution Equity Officer (“Equity Officer”) and the Associate Provost and Dean for Academic Development, shall together review the complaint to determine whether, on its face, it alleges an actionable violation of college policy or whether the alleged conduct that is the subject of the complaint falls under the college’s Statement of Academic Freedom. If the Equity Officer and the Dean for Academic Development are unable to agree upon whether to proceed with an investigation, the Vice President for Inclusion, Diversity and Equity shall make the determination. Where the dispute concerns whether the speech or expression complained of is protected under the terms of the Statement on Academic Freedom and Freedom of Expression, the Vice President of Inclusion, Diversity and Equity shall consult with a designated representative of the Academic Freedom Committee.

This determination of whether an investigation will proceed shall be completed within seven (7) working days of the filing of the complaint.

The complaint shall be shared with the Respondent immediately after the conclusion of the initial assessment along with a reminder of the college’s prohibition of retaliation under this policy.

Investigation and Resolution of Complaint

Complaints under this policy typically will be investigated by the Equity Officer. The Equity Officer, however, may assign the investigation to other administrators or faculty who are trained to investigate claims of discrimination and discriminatory harassment.

The investigator will promptly investigate the matter so that a finding will be issued within 60 calendar days of the filing of the grievance. If the investigation cannot be completed within 60 days, the complainant and respondent will be informed of the status of the investigation.

The investigator will serve as a neutral fact-finder. The investigation will consist of (but will not necessarily be limited to) interviews of the complainant, the respondent, and other individuals who may have witnessed the reported incident or incidents. When the investigator has completed the investigation, the findings will be shared with the complainant and the respondent. The findings may also be shared with other college administrators on a need-to-know basis and to the extent appropriate in the discretion of the investigator and in consultation with appropriate college administrators.

If the investigator finds, by preponderance of the evidence, a violation of this policy by a faculty respondent, the matter will be referred to the Provost and Dean of Faculty for further action and to determine appropriate remedial actions. For non-faculty respondents, a finding of a violation of this policy will be referred to Human Resources for further action and to determine appropriate remedial actions. Such actions may include written warnings, required counseling, probation, termination or other remedial measures.

A confidential record of all complaints, including their disposition, will be maintained by the Office of Inclusion, Diversity & Equity.

Retaliation

The college will not tolerate retaliation against an individual for filing a complaint or for assisting in the investigation of a complaint. Retaliation is defined as taking or attempting adverse action around a person or group because that person or group participated in a good faith report or investigation under this procedure whether as a grievant, respondent, witness, administrator or in any other role. Retaliation can be committed by any individual or group of individuals, not just the complainant or respondent. Retaliation can take many forms, including threats, intimidation, bullying, assault, physical harm, emotional abuse damage or theft of property, exclusion from a position, association or event, among others. Individuals who believe they have been subject to retaliation should immediately report their concerns to the Ombuds or the Vice President for Inclusion, Diversity & Equity.

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 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. Disciplinary outcomes will be kept confidential.


Smith College Resources

Dwight K. Hamilton
Vice President for Inclusion, Diversity and Equity
dhamilton@smith.edu
302 College Hall
413-585-2141

Sarah E. Harebo
Title IX Coordinator and Institutional Equity Officer
sharebo@smith.edu
302 College Hall
413-585-2141

Katherine Rowe
Provost and Dean of the Faculty
karowe@smith.edu
413-585-3000

Bill Peterson
Associate Provost and Dean for Academic Development
bpeterso@smith.edu
413-585-3000

 

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 must be filed within 300 days from the date of the alleged violation.

Massachusetts Commission Against Discrimination (MCAD)

Boston Office:
One Ashburton Place, Room 601
Boston, MA 02108
617-994-6000

New Bedford Office:
800 Purchase Street, Room 501
New Bedford, MA 02740
508-990-2390

Springfield Office:
436 Dwight Street, Rm 220
Springfield, MA 01103
413-739-2145

Worcester Office:
484 Main Street, Room 320
Worcester, MA 01608
508-799-6379

Office for Civil Rights

Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109-3921
Telephone: 617-289-0111
Facsimile: 617-289-0150
Email: OCR.Boston@ed.gov