Nondiscrimination, Harassment, & Reasonable Accommodations.

WPI is committed to the principle of equal opportunity in education and employment. It is the policy of WPI to provide each qualified individual - regardless of race, sex, age, color, national origin, religion, genetic identity, disability, gender identity or expression, marital or parental status, sexual orientation, transgender status, veteran status, or any other legally protected status – the opportunity to participate in the University’s educational and employment programs and activities, including admissions, in a discrimination and harassment-free environment, in accordance with state and federal laws, including Title VI and Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975, and their respective implementing regulations. 

WPI’s full Notice of Non-Discrimination is available here, along with contact information for WPI’s Title IX Coordinator and Section 504 Coordinators for students and employees. 

Employee inquiries concerning discrimination or harassment may also be directed to WPI’s Equal Opportunity & Outreach Office or Talent & Inclusion. 

Procedure for Investigating Claims of Discrimination in Employment

1. Purpose 

Pursuant to Worcester Polytechnic Institute’s Notice of Non-Discrimination, WPI does not tolerate discrimination based on race, sex, age, color, national origin, religion, genetic identity, disability, gender identity or expression, marital or parental status, sexual orientation, transgender status, veteran status, or any other legally protected status. Any employee who feels that they have experienced discrimination is encouraged to seek assistance through the processes described below. It should be noted that these processes may not be appropriate in every circumstance. Therefore, the processes should be considered flexible and modified as appropriate to the situation, including as it relates to deadlines and timeframes. 

2. Scope and Applicability 

   A. Application to Non-Faculty Employees.  These procedures apply to staff, student-employees, and non-faculty employees, whether they are the Complainant or Respondent, and regardless of whether a Formal Complaint is filed.

   B. Application to Faculty Employees.  If the Respondent is a faculty member and the Complainant has not filed a Formal Complaint under the Policy on Faculty Conduct, then the informal problem-solving process of this procedure applies (as described below). Once an employee files a Formal Complaint against a faculty member, then the procedures set forth in the Policy on Faculty Conduct apply. See Policy on Faculty Conduct, section 5(a) (“All parties are encouraged to resolve disputes and disagreements in a mutually acceptable manner before this Policy [on Faculty Conduct] is invoked.”). 

This procedure does not apply to allegations of sexual misconduct, which are covered by WPI’s Title IX and Sexual Misconduct Policy. If an allegation is made, or a Formal Complaint filed, under this process that contains conduct governed by another policy, the allegation or complaint shall be referred to the appropriate policy. 

3. Definitions 

“Advisor” refers to an individual from whom the Respondent receives assistance during any meeting or interview related to this procedure.  Advisors may communicate with their advisee but may not speak or otherwise communicate on behalf of the Respondent.  Advisors are subject to the confidentiality obligations of this process as set forth herein. 

“Case Manager” means a member of the Division of Talent & Inclusion who will conduct the informal problem-solving process and/or review and investigate a Formal Complaint. The Case Manager may name a designee who has appropriate expertise to review and investigate a Formal Complaint. 

“Complainant” means the employee who is alleging discrimination or files a formal complaint alleging discrimination. 

“Formal Complaint” means a written document submitted by the Complainant adequately describing the facts alleged about the incident(s) of discrimination. 

“Respondent” means the person against whom an allegation of discrimination is made or against whom a formal complaint has been filed. 

“Witness” means any person who may have information about the alleged act of discrimination. 

4. Procedure 

   A. Informal Problem-Solving Process 

Any employee who believes they have been discriminated against is encouraged to discuss the matter with their supervisor or Case Manager. Through such discussions, a satisfactory and mutually-agreed upon resolution to the problem may be developed. The supervisor or Case Manager will seek to complete the informal problem-solving process ordinarily within two (2) to three (3) weeks after receipt of the request. The resolution, if reached, will be documented in writing, and will include both the underlying allegation(s) and the terms of the agreed-upon resolution. 

As part of the informal problem-solving process, the supervisor or Case Manager may gather facts about the matter through an information investigation process, including by requesting written documentation, correspondence, and/or interviewing anyone who might be able to provide relevant informa­tion.  There is an expectation that anyone identified as having relevant information will cooperate with providing that information to the supervisor or Case Manager. 

At any point prior to such resolution, the employee who initiated the request for informal problem-solving may withdraw the request and initiate a Formal Complaint per the procedures set forth below (if the Respondent is a non-faculty employee) or through the Policy on Faculty Conduct (if the Respondent is a member of the faculty). 

The supervisor or Case Manager may impose reasonable timeframes on all parties to allow the timely completion of the informal problem-solving process. 

If an employee does not wish to engage in the informal problem-solving process or file a Formal Complaint, the Case Manager may still decide to pursue an information investigation in order to address any issues of discrimination within the WPI community. 

        B. Formal Complaint 

1. Initial Steps 

   In cases when informal problem-solving does not yield a satisfactory resolution or in cases where the employee does not wish to make use of an informal problem-solving process, the employee may submit a Formal Complaint in writing to the Case Manager.   

   If, after conducting the initial review of a Formal Complaint, the Case Manager finds that the allegations, if true, would not constitute a violation of WPI’s Notice of Non-Discrimination, then the Case Manager may administratively close the Formal Complaint and notify the Complainant of this conclusion, within seven (7) business days of receiving the Formal Complaint.  The Complainant may request reconsideration of this decision within seven (7) business days by providing a statement which outlines the basis of their disagreement, including any additional information that may have become known since the initial filing of the Formal Complaint. The Case Manager will review this request for reconsideration within seven (7) business days from the reconsideration request and render a conclusion to the Complainant in writing. In cases where the Case Manager concludes that the alleged conduct, while not a violation of WPI’s Notice of Non-Discrimination, might implicate other WPI policies, the Case Manager may refer the Complaint to the appropriate WPI office or official; provided that the official will not be the same individual as the Case Manager who handled the Formal Complaint.  The Respondent will be notified of the disposition of the Formal Complaint.

   If, after conducting the initial review of a Formal Complaint, the Case Manager finds that the allegations, if true, would constitute a violation of WPI’s Notice of Non-Discrimination, the Case Manager will notify the Respondent of this finding and initiate and seek to complete the Formal Complaint process, including the fact-finding, consideration of findings, and determination, within ninety (90) calendar days after receipt of the Formal Complaint, absent special circumstances, such as a request for additional fact-finding or an appeal, as described in further detail below. 

2. Fact Finding

   The Case Manager will gather information from the Complainant, the Respondent, and others, as appropriate.  Both parties will have an opportunity to submit the names of witnesses and any relevant information for review. 

   In situations where the Respondent is a member of a collective bargaining unit and requests a union representative, they may do so in accordance with the union member’s rights under the applicable CBA. 

   At the conclusion of the investigation, the Case Manager will make written preliminary findings of fact, applying a preponderance of the evidence standard, and determine based on those findings whether a violation of WPI’s Notice of Non-Discrimination occurred (the “Preliminary Report”).  The Case Manager will share the Preliminary Report with the Complainant and Respondent.  Both parties will have seven (7) calendar days from receiving the Preliminary Report to submit a written response.  If the Case Manager determines that additional fact-finding is required, they will do so and finalize the Preliminary Report within fourteen (14) calendar days of receiving the written responses. The Case Manager will submit the final findings of fact and analysis (the “Final Report”) within forty-five (45) calendar days of receipt of the Formal Complaint.  The Case Manager will send the Final Report to the appropriate Dean or Vice President, or their designee; the Complainant; and the Respondent.   

3. Consideration of Findings and Determination 

   The Dean, Vice President, or designee, will determine whether to adopt the findings and analysis made by the Case Manager.  The Dean, Vice President, or designee will issue a decision determining the resolution of the matter within thirty (30) calendar days of the receipt of the Final Report.  

   If a violation of the Notice of Non-Discrimination is found based on a preponderance of the evidence standard, the decision will include recommended corrective measures (e.g., training, coaching, or other measures, as appropriate) to be taken by the unit(s) to eliminate any discrimination, prevent its recurrence, and address its effects.  

   The imposition of any disciplinary measures will be addressed separately from the written decision, in consultation with Talent & Inclusion and the individual’s supervisor, as appropriate, and consistent with any applicable collective bargaining agreement (for bargaining unit staff). The determination of whether to impose disciplinary measures, and if so, the type and scope of the measures, will be informed by the Final Report. 

4. Appeal 

   If the resolution resulting from the Formal Complaint process is not satisfactory to the Complainant or the Respondent, each may submit to the Senior Vice President for Talent & Inclusion, or designee, a written request for appeal of the decision within seven (7) calendar days of receiving the decision. This request must detail the reason(s) the employee disputes the decision and should include the grounds for appeal and may include the following grounds for appeal: 

   A procedural error occurred, which may change the outcome of the decision; 

   The appellant has substantive and relevant new information that was not available at the time of investigation and that may change the outcome of the decision. 

   Disagreement with the findings or determination is not, by itself, a ground for appeal. 

   The non-appealing party will be notified of the appeal, be provided a copy of the written request, and may submit a response to the appeal within seven (7) calendar days of receipt of the written request. 

   The Senior Vice President will send copies of the request for appeal and response, if any, to the Case Manager, to the appropriate Dean or Vice President, or their designee, and to the other party.  The Senior Vice President, or designee, will review the request for appeal for timeliness and compliance with the procedures set forth herein, and the response, if any. The Senior Vice President, or designee, will consider the issues raised in the request for appeal and make a determination, which may include adopting or reversing the decision, directing that the investigation be re-opened, or any other appropriate action. 

   At the conclusion of this review, the Senior Vice President, or designee, will prepare a statement of outcome regarding the appeal request, to be shared with the parties and the appropriate supervisor in the parties’ respective unit(s), seeking to complete any appeal generally within thirty (30) calendar days after receipt of the request for appeal. 

5. Conflict of Interest: In situations where an employee raises a matter which names the individual who is designated as facilitating or overseeing any stage in the informal problem-solving or Formal Complaint processes, the employees need to send in writing to the Director of Talent Strategies why there is a conflict of interest. If the Director of Talent Strategies concludes there is a conflict of interest, an appropriate designee will assume those responsibilities in place of that individual. 
6. Confidentiality: Allegations concerning discrimination often raise difficult issues for those making the allegations, for those who are the subject of the allegations, and for those responsible for reviewing the allegations. Review of the allegations should therefore be conducted promptly and with care and sensitivity. All participants in the review process under this procedure are expected to maintain confidentiality to protect the privacy of all involved, to the extent possible and as permitted by law. Participants should keep in mind the effect that allegations can have on reputations, even if the allegations are not sustained by the proceedings. 
7. No Retaliation: Retaliation is typically a significant adverse action taken against an individual because the individual participated in a review process. Retaliation is a serious offense. No one shall be retaliated against for participating in a review of a discrimination allegation in good faith as a Complainant, a witness, a factfinder, or a Case Manager or in any other capacity. Reasonable efforts should be made to counter potential or actual retaliation against these Complainants, witnesses and participants in the process. A complaint of retaliation may be investigated and may lead to disciplinary action, up to and including terminating the individual’s relationship with WPI. 
8. Questions: If you have any questions related to this procedure, please contact WPI’s Division of Talent & Inclusion at talent@wpi.edu.

WPI’s approach to preventing sexual misconduct is comprehensive and progressive. All members of the WPI community are protected by federal and state laws that prohibit discrimination based on sex, gender identity or expression, sexual orientation, and transgender status. 

WPI’s ’Title IX & Sexual Misconduct Policy is available here. 

WPI strongly encourages any employee who has concerns about sexual misconduct to seek the assistance of those listed in WPI’s Title IX & Sexual Misconduct Policy, including but not limited to WPI’s Title IX Coordinator. 

Stanley Horton  
Title IX Coordinator  
100 Institute Road  
Worcester, Massachusetts 01609 
Rubin Campus Center, Room 234 
508-831-6514  
shorton@wpi.edu 
TitleIX@wpi.edu 

WPI also strongly encourages anyone who has information about sexual misconduct that may also be a crime to report it to the WPI Police Department. 

Confidential Resource Advisors (CRAs) are available to discuss your options without a report being made to WPI; employees may contact the CRAs listed here. 

The Genetic Information Nondiscrimination Act (GINA) prohibits WPI from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by law.  In order to comply with GINA, WPI asks that you not provide any genetic information when responding to requests for medical information from WPI. 

Disability Accommodations

The Americans with Disabilities Act of 1990, as amended, and applicable state laws protect qualified applicants and employees with disabilities from disability discrimination in hiring, promotion, discharge, pay, job training, benefits, classification, referral, and other aspects of employment. WPI prohibits discrimination against individuals with disabilities, individuals with a record of a disability and also prohibits discrimination on the basis of perceived disability. 

Qualified applicants or employees may inform the University that they have a disability and request reasonable accommodations for such disability by contacting Talent & Inclusion here. 

Procedure for disability accommodation requests: 

• Employee advises Talent & Inclusion of their disability and requests accommodations by completing the Request for Accommodation form. 

• The Director of Equal Opportunity and Outreach will meet with the employee to discuss the accommodation request, and Talent & Inclusion may require the employee to provide documentation from their healthcare provider regarding the disability and need for accommodation. Employees can send their healthcare provider the form entitled Disability Accommodation Request: Health Care Provider Form. 
• The Director of Equal Opportunity and Outreach may  also meet with the employee’s manager(s) to discuss potential accommodations. 
• The Director of Equal Opportunity and Outreach and the employee will engage in the interactive process to determine the reasonable employment accommodation(s) available to the employee. 
• All disability accommodations will be documented utilizing the Hartford, third party vendor.. 

WPI will consider the request but reserves the right to offer its own accommodation to the extent permitted by law. WPI will consider cost, the effect that an accommodation will have on current established policies and the burden on operations, including other employees, when determining a reasonable accommodation. 

WPI supports its employees who are pregnant or experiencing pregnancy-related conditions, including but not limited to childbirth, termination of pregnancy, or lactation.   

Lactation Rooms 

WPI has designated private spaces on campus for nursing and expressing breast milk.  These rooms are located in the Gordon Library (Room 203) and can be reserved on the library’s Space & Room Reservation page; the lower level of Boynton Hall (017) which requires a request for card access and Gateway I (0112) (Life Sciences & Bioengineering Center) at 65 Prescott St. 

WPI provides all employees with reasonable break time during the workday for purpose of lactation.  The employee should inform their supervisor of their need for such break times. 

Pregnancy and Pregnancy-Related Accommodations 

Qualified applicants or employees may inform the University that they have a pregnancy or pregnancy-related condition and request reasonable accommodations by contacting Talent & Inclusion here. 

Procedure for pregnancy and pregnancy-related conditions accommodation requests: 

• Employee advises Talent & Inclusion of their pregnancy or pregnancy-related condition and requests accommodations by completing the Request for Accommodation form. 

• The Title IX Coordinator will meet with the employee to discuss the accommodation request, and Talent & Inclusion may require the employee to provide documentation from their healthcare provider regarding the disability and need for accommodation.   
• The Title IX Coordinator will also meet with the employee’s manager(s) to discuss potential accommodations with permission from employee. 

• The Title IX Coordinator and the employee will engage in the interactive process to determine the reasonable employment accommodation(s) available to the employee. 

• All pregnancy and pregnancy-related accommodations will be documented utilizing the Hartford. 

WPI is dedicated to treating the religious diversity of all our employees equally and with respect. 

Employees may request a reasonable accommodation for their sincerely held religious beliefs by contacting Talent & Inclusion here and completing the Religious Accommodation Request form. At no time will WPI question the validity of a an employee’s sincerely held religious belief.