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All complaints of sexual harassment (written or oral) will be promptly investigated in a fair and expeditious manner, even in cases where the employee asks that the complaint not be investigated. The Sexual Harassment Officer will conduct the investigation in such a way as to maintain the privacy of those involved to the extent practicable under the circumstances. Employers should inform complainants that they have a legal duty to investigate allegations of sexual harassment, and that, while the matter will be kept as confidential as possible, it may not be possible to withhold the complainant's identity from the alleged harasser. Investigations will include a private interview with the complainant and with any witnesses. In addition, the investigation may include a review of any documents, journals, recordings, voicemails, e-mails or other items that may be relevant to the allegations of harassment.
The Sexual Harassment Officer will also interview the person alleged to have committed sexual harassment. In all interviews, parties will be given a copy of the Commonwealth's policy, and will be given an opportunity to discuss the complaint procedure. The Sexual Harassment Officer will document all interviews, collect evidence and maintain an investigation file.
Upon the conclusion of the investigation, the agency will notify both the complainant and the person alleged to have committed the harassment, of the results of the investigation.
The Sexual Harassment Officer will make a determination as soon as possible following the investigation of a complaint. The Sexual Harassment Officer will draft a full report outlining the following:
The finding of the Sexual Harassment Officer does not in any way affect the complainant's right to pursue a sexual harassment complaint with any appropriate state or federal authority.
Possible determinations include, but are not limited to: a substantiated complaint, an unsubstantiated complaint, or a knowingly false claim.
When the investigator concludes that sexual harassment has occurred, the agency must take prompt remedial action designed to end the harassment and prevent future harassment.
Remedial actions may consist of the following:
The Agency Head will impose discipline where appropriate, and consistent with existing policies and collective bargaining agreements. If either party to the complaint is an Agency Head, the complaint may be reviewed by HRD in order to determine appropriate disciplinary action or case resolution.
Any employee who engages in behavior which constitutes a violation of this policy may be subject to remedial or disciplinary action ranging from mandatory training and counseling, up to, and including, termination from employment.
A list of Sexual Harassment Officers is available on the HRD website.
For questions about the policy or complaint, please contact:
One Ashburton Place, 2nd floor
Boston, MA 02108
For questions about Training, please contact: