Discriminatory Harassment 

Smith College affirms that diversity in all aspects of the educational environment is necessary to achieve the highest level of academic excellence. A central element of the college’s commitment to excellence is 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 its obligations as a recipient of financial assistance from the U.S. Department of Education, the college complies with all relevant federal laws that prohibit discrimination in education, including  Title VI of the Civil Rights Act of 1964 (“Title VI”), which prohibits discrimination on the basis of race, color and national origin; Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), which prohibits discrimination on the basis of disability. The college further complies with all relevant laws of the commonwealth of Massachusetts that 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 will be adjudicated using the process described in the Sexual Misconduct Policy. Hearings to address reports of discriminatory harassment will be chaired by the Dean of Students, or their designee, and heard by three (3) Hearing Board members. This policy does NOT cover allegations of sexual misconduct, complaints of discrimination involving staff or faculty, or grade disputes. For sexual misconduct complaints, please see the Sexual Misconduct Policy. For allegations of discrimination involving staff and faculty, please see the Equal Educational Opportunity Policy. Grade disputes are governed by the college’s Grade Dispute Policy.

Discriminatory harassment is unwelcome verbal, written or physical conduct based on a person's actual or perceived race, color or national origin or other protected category that substantially or unreasonably interferes with an individual's academic performance; adversely affects the targeted individual's or others' learning opportunities; or creates an intimidating, hostile or offensive environment.

Examples of such conduct include:

• Offensive or degrading remarks, verbal abuse, or other hostile behavior such as insulting, teasing, mocking, degrading or ridiculing another person or group;
• Racial slurs, derogatory remarks about a person’s accent, or display of racially offensive symbols;
• Unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands; and
• Displays or electronic transmission of derogatory, demeaning or hostile materials.

When sanctioning, the offensiveness should be measured by its gravity, whether it is intended to be offensive and disrespectful, whether it is repeated even after the student engaging in the behavior has been clearly told that it is offensive to another, and by the effect the behavior has on the community and the student or students to whom it is directed.

Amy Condon
Director of Civil Rights Compliance & Title IX Coordinator
titleixcoordinator@smith.edu

In addition to the above, an individual who believes they have 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 and complaints filed with OCR must be filed within 180 days of the alleged discriminatory act.

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
508-453-9630

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS (OCR)

Boston Office
8th Floor
5 Post Office Square
Boston, MA 02109-3921

Telephone: 617-289-0111
FAX: 617-289-0150; TDD: 800-877-8339
Email: OCR.Boston@ed.gov