Dispute Resolution
In addition to the Code of Student Conduct, undergraduates, as well as staff and faculty, have recourse to a number of processes and administrative agencies when attempting to resolve grievances. Several such options are noted below. For general information about other resources contact the Dean of Students Office (545-2684) or the Information Data Bank (545-1555). For academic issues or problems contact the office of your academic dean.
1. Ombuds Office.
The Ombuds Office is available to all members of the University community to help resolve University-related conflicts impartially and without judging, rewarding, or punishing parties. Depending on the problem, the Ombuds Office mediates disputes, facilitates communication, investigates claims of unfair treatment or erroneous procedure, listens, advises, and makes recommendations. The Ombuds Office provides information about and referral to grievance procedures. The Office also coordinates the hearing process for academic grievances and charges of academic dishonesty.
Some of the problems with which the Ombuds Office can offer advice or assistance to students include: course/degree requirements; grade disputes; grading policy and practice; allegations of academic dishonesty; sexual, racial, and other types of harassment; delays in services or decisions; conflicts with instructors, employers, or administrative offices; roommate/coworker/classroom conflicts; and other interpersonal disputes.
Records, contacts and communication are normally confidential; in unusual circumstances (which are explained to clients), rare exceptions are made if required by law.
The Ombuds Office is located in 823 Campus Center, tel. 545-0867. Although not required, it is best to call to arrange a convenient time for an appointment.
2. Sexual Harassment Policy and Procedures.*
The University of Massachusetts Amherst is committed to providing students, faculty, and staff with an environment where they may pursue their careers or studies without being sexually harassed. Sexual harassment of or by any member of the University community is unacceptable and will not be tolerated. It is illegal and constitutes a violation of Title VII of the Civil Rights Act of 1964 , Title IX of the Education Amendments of 1972, and Massachusetts G.L.c.151B and 151C. For the purposes of this policy, it is defined as follows:
Unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic work; or
- submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
- such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or sexually offensive working or academic environment.
Examples of sexual harassment include but are not limited to the following:
- repeated unwanted sexual flirtations, advances or propositions;
- continued or repeated verbal abuse or innuendo of a sexual nature;
- uninvited physical contact such as touching, hugging, patting, brushing or pinching;
- verbal comments of a sexual nature about an individual's body or sexual terms used to describe an individual;
- display of pictures, posters or cartoons that a reasonable person would find offensive or sexually suggestive;
- continued or repeated jokes, language, epithets or remarks of a sexual nature;
- prolonged staring or leering;
- making obscene gestures or suggestive or insulting sounds;
- demand for sexual favors accompanied by an implied or overt threat concerning an individual's employment or academic status or promises of preferential treatment;
- indecent exposure.
This grievance procedure is intended to provide a fair, prompt and reliable determination about whether the University's sexual harassment policy has been violated. Anyone who, at the time of the alleged harassment, was either employed by or enrolled at the University of Massachusetts Amherst may file a complaint alleging violation of this policy. No University employee or student is exempt from the jurisdiction of this policy.
A grievant will have twelve months following an incident to file a complaint unless he or she can show good reason for having that deadline waived. Requests for exceptions to the filing deadline must be made in writing to the Chair of the Sexual Harassment Board.
No individual shall be penalized by the University or by any person for participating in the procedures described here. Any complaints of retaliation should be addressed to the Chair of the Sexual Harassment Board in the Office of Equal Opportunity and Diversity or the Dean of Students (whomever is appropriate), who will advise the grieving party of his or her rights in this matter.
Nothing in these procedures is intended to prevent any individual who prefers to seek an informal resolution from doing so. Informal resolutions include but are not limited to self-help, consultation, and action at the department level; or mediation. Campus agencies which can assist with informal resolutions, in addition to the Equal Opportunity & Diversity Office, include but are not limited to the following: Dean of Students Office, individual department administrators (e.g., department head or chair, program director, adviser, etc); the Ombuds Office; the Mediation Project; the legal counsel; and the Division of Public Safety.
Complainants who are dissatisfied with or do not wish to utilize informal resolution should consult directly with the Office of Equal Opportunity & Diversity. Following appropriate initial consultation with the EO&D Office, the grievance must be submitted in writing to the Chair of the Sexual Harassment Board. The Chair will appoint a fact finder who will thoroughly investigate the complaint. Upon the findings of a thorough investigation by the fact finder, the Chair will decide whether to recommend a hearing before a three-member Hearing Panel. Upon completion of the hearing, the Hearing Panel will make determinations as to whether there was a violation of the Sexual Harassment Policy and make recommendations as to penalty and/or relief to the Chair of the Sexual Harassment Board. The Chair will forward all determinations and recommendations to the Respondent's Vice Chancellor who will make final determinations as to penalty and/or relief.
The Office of Equal Oppportunity and Diversity (EO&D) will be responsible for administering this policy and its procedures. However, if the respondent in a formal grievance is an undergraduate student (including Continuing Education students) the Dean of Students will be notified, and a hearing process as described in the Code of Student Conduct will be initiated. (In instances in which a respondent is both an undergraduate and an employee, the Chair of the Sexual Harassment Board shall review the circumstances of the case and determine which grievance procedure is appropriate.) The Associate Chancellor for Equal Opportunity and Diversity or designee will serve as Chair of the Sexual Harassment Board.
Individuals who believe that they have been sexually harassed should contact the Dean of Students Office or the Equal Opportunity and Diversity Office, 243 Lederle Lowrise, 545-3464. These offices can advise the student of the relevant options for resolution available to them.
* Excerpted from the University's Sexual Harassment Policy and Procedures. Copies of the complete document are available from the Equal Opportunity and Diversity Office, 243 Lederle Lowrise, 545-3464, or at www.umass.edu/eod.
