1. Non-Discrimination at Westfield State University
Massachusetts Board of Higher Education’s Equal Opportunity, Diversity and Affirmative Action Plan

2. Non-Discrimination
The University does not unlawfully discriminate in its employment or educational programs on the basis of race, color, religion, national origin, age, disability, gender, sexual orientation, gender identity, gender expression, genetic information, marital or parental status, or veteran status.
Massachusetts Board of Higher Education’s:
Equal Opportunity, Diversity and Affirmative Action Plan (EO Plan)

3. Non-Discrimination Protected Classes Race Color Religion
National Origin
Age
Disability
Gender
Gender Identity
Gender Expression
Sexual Orientation
Genetic Information
Marital/Parental Status
Veteran Status
Black: All persons having origins in any of the Black racial groups of Africa including, but not limited to, African-Americans, and all persons having origins in any of the original peoples of the Cape Verdean Islands.
White (not of Hispanic origin): Persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.
Hispanic/Latino: All persons of Mexican, Puerto Rican, Cuban, Central, Latin or South American or other Spanish culture or origin, regardless of race.
Asian or Pacific Islander: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands, including, for example, the areas of China, India, Japan, Korea, the Philippine Islands and Samoa.
American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.

4. Non-Discrimination Discrimination
An intentional or unintentional act that adversely affects employment and/or educational opportunities because of a person’s membership in a protected class or association with a member(s) of a protected class.

5. Non-Discrimination Examples of DISCRIMINATION
Denying a student an opportunity to join a student organization because of that person’s membership in a protected class.
Placing language in student organization constitutions that has the effect of excluding a group of individuals because of their membership in a protected class.

6. Non-Discrimination
Sample Constitution Of Westfield State University Article III-Membership: Section 1: Membership shall be open to all full-time and part-time undergraduate students of Westfield State University who have paid their student activities fee for the current academic semester.

7. Non-Discrimination Discriminatory Harassment
A form of unlawful discrimination including verbal and/or physical conduct based on legally protected characteristics and/or membership in a protected class that:
has the purpose or effect of creating an objectively intimidating, hostile or offensive work or educational environment;
has the purpose or effect of unreasonably interfering with an individual’s work or educational opportunities; or
otherwise unreasonably adversely affects an individual’s employment or educational opportunities.

8. Non-Discrimination
Unwelcome conduct constitutes hostile environment harassment when:
it is targeted against a person on the basis of his/her membership in a protected class; AND
it is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive.

9. Non-Discrimination Examples of Discriminatory Harassment
Physically harassing or threatening another individual or group because of that person or persons’ membership in a protected class
Encouraging others to physically or verbally abuse an individual because of that person or persons’ membership in a protected class.
Directing epithets, slurs, derogatory comments, unwelcome jokes or stories at an individual or group because of that person or persons’ membership in a protected class.
Displaying hostile, derogatory and/or intimidating symbols/objects, such as offensive posters, cartoons, bulletins, drawings, photographs, because of a person or persons’ membership in a protected class.

10. Non-Discrimination
Retaliation. Taking adverse employment or educational action against a person who: (a) files discrimination claims; (2) is suspected of having filed such claims; (3) has assisted or participated in an investigation or resolution of such claims, complaints or charges; or, (4) has protested practices alleged to be violative of non-discrimination policies.

11. Non-Discrimination
Examples of retaliation include, but are not limited to:
the accused harassing the reporter or friends/family of the accused harassing the reporter at the request of the accused
filing a false complaint in response to a complaint being filed

12. Non-Discrimination
CIVILITY

13. Non-Discrimination Duty to Cooperate
Every faculty member, librarian, administrator, staff member and University employee has a duty to cooperate fully and unconditionally in an investigation conducted pursuant to the Complaint Investigation and Resolution Procedures, subject to the provisions of any relevant collective bargaining agreements.

14. Non-Discrimination Duty to Report
No member of the University community can ignore a report of discrimination, discriminatory harassment or retaliation and should provide the reporter as much assistance in bringing it to the attention of the EO Officer as is reasonably appropriate.
Any trustee, administrator, department chair, program coordinator, manager or supervisor who receives such a complaint from a student or other member of the University community is obligated to report the complaint to the EO Officer.
Any member of the campus community is encouraged to report to the EO Officer any conduct which they in good faith believe constitutes discrimination, discriminatory harassment or retaliation.

15. Non-Discrimination
Submission of Complaint Individuals are encouraged to file complaints of discrimination directly with me, the EO Officer, but the EO Plan allows permits complaints to be brought to the attention of: Student Conduct Residence Life Human Resources Campus Police These offices will ultimately bring the report to the attention of the EO Officer.

16. Non-Discrimination When A Complaint Is Received:
Is it a complaint alleging discrimination on the basis of a protected class?
If yes,
Written complaint is given to investigator(s) and they meet with Complainant and acquire any other information that might be relevant to the investigation
The accused is notified that a complaint has been filed and provided an opportunity to respond to complaint in writing
Investigator(s) meet with accused, witnesses and, if necessary, speak again to Complainant, accused and witnesses until they are satisfied they have all information necessary to make a decision
Investigator(s) compare the facts they have acquired to the definition of the violation alleged to determine if it is “more likely than not” that the violation occurred and submits to the EO Officer a “Report of Findings” outlining the allegations, facts and why they arrived at their decision.
EO Officer reviews entire investigation file and if it is determined that the investigation was prompt and fair, will notify parties of outcome.
Either party has the right to appeal based upon:
New Information
Procedural Error

17. Non-Discrimination
Confidentiality of investigations must be maintained to the greatest extent possible.

18. Director, Non-Discrimination Compliance
Contact Information:
Larry Johnson,
Director, Non-Discrimination Compliance

19. Non-Discrimination
Questions?