Non-Harrassment Policy

WE MAINTAIN AN ENVIRONMENT WHERE EVERYONE WORKS FREE FROM HARASSMENT. WE WILL NOT TOLERATE HARASSMENT OF ANY TYPE. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal, the conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if so encountered.

Because Holyoke Media takes allegations of harassment seriously, we will respond promptly to complaints of 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 facility that is free of harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual or other harassment.

Definition of Sexual Harassment:

In Massachusetts, the legal definition for sexual harassment is this:
“sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

1. submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or,
2. such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Under these definitions, direct or implied requests by for sexual favors in exchange for actual or promised benefits such as favorable reviews, promotions, increased benefits, or continued access and use constitutes sexual harassment.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating to any workers may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

• Unwelcome sexual advances – whether they involve physical touching or not;
• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, cartoons;
• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
• Inquiries into one’s sexual experiences;
• Discussion of one’s sexual activities; and
• Dissemination in the workplace of sexually-explicit voice mail, email, graphics, downloaded material or websites.

All members and users of Holyoke Media’s equipment, facilities and services, should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint, is unlawful and will not be tolerated by this organization.

Complaints of Harassment:

If any of our members or users believes that they have been subjected to harassment, they have the right to file a complaint with our organization. This may be done in writing or orally.

If you would like to file a complaint you may do so by contacting the Executive Director of the organization at: ExecutiveDirector@HolyokeMedia.org; or in the alternative, the Board President for the organization who may be reached at Board@HolyokeMedia.org. These persons are available to discuss any concerns you may have and to provide information to you about our policy on harassment and our complaint process.

Harassment Investigation:

When we receive a complaint, we will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will include a private interview with the person filing the complaint and with witnesses. We will also interview the person alleged to have committed harassment. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.

If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate, we will also impose disciplinary action.

Disciplinary Action:

If it is determined that inappropriate conduct has been committed by one of our employees, members or users, we will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment or use of Holyoke Media’s equipment, facilities and services, and may include such other forms of disciplinary action as we deem appropriate under the circumstances.

State and Federal Remedies:

In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim (300 days).

The United States Equal Employment Opportunity Commission (“EEOC”)
John F. Kennedy Federal Building
4th Floor, Room 475
Government Center
Boston, MA 02203
Phone: (617) 565-3200 / (1-800) 669-4000
Fax: (617) 565-3196
TTY: (1-800) 669-6820
ASL Video Phone: (844) 234-5122

The Massachusetts Commission Against Discrimination (“MCAD”)
Springfield Office
424 Dwight Street, Room 220
Springfield, MA 01103
Phone: (413) 739-2145
Fax: (413) 784-1056