WJC Employee Handbook (rev. October 2021)

Non-Academic Employee Handbook October/2021

Rev. 9

NON-ACADEMIC EMPLOYEE

HANDBOOK

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President’s Message - Welcome

Welcome to William James College. In joining our community, you become an

important part of a premiere institution dedicated to teaching, working and bringing

psychological knowledge to the global community. As a new employee, you are now an

essential member of this organization and a contributor to its work and learning

environment that has been shaped for over 40 years. I hope that you will have a

rewarding and growing experience with us and we expect that you will work with us to

fulfill our educational and service mission.

William James College educates professionals to deliver mental health care to the

community, trains leaders to improve the quality and efficiency of organizations and

equips other professionals with psychological skills to enhance their work. An education

here is life-changing and prepares our graduates for the challenging, but infinitely

rewarding career of assisting others. Some of our faculty members, also work as

program administrators, forensic and health experts, school psychologists, coaches and

clinical researchers. Many are leaders in the field and we have psychoanalytic, family,

systems, feminist, developmental, humanistic and cognitive-behavioral theorists working

with our administrative staff to create a rich and stimulating learning environment.

A hallmark of William James College is its eagerness to adapt to changes in

professional practice and community needs. Some examples of our community

specialization programs are the Military and Veterans Psychology Program and our

Latino Mental Health Program. Our reputation for excellence in psychology education

was forged by the many people who came here before us. By joining this community,

you have become part of a legacy of great achievement and even greater potential.

Let’s work together to realize this promise.

We welcome your interest, ideas, energy and the opportunity to work with you. I expect

that you will find us a warm and supportive group and expect that you will contribute

significantly to our development for many years to come.

Welcome to William James College.

Nicholas A. Covino, PsyD

President

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Mission and Core Values

Mission

William James College strives to be a preeminent school of psychology that integrates

rigorous academic instruction with extensive field education and close attention to

professional development. We assume an ongoing social responsibility to create

programs to educate specialists of many disciplines to meet the evolving mental health

needs of society.

Core Values

Experiential Education

Integrate rigorous academic instruction with substantial clinical experience.

Social Responsibility

Educate providers to meet a diverse society's evolving mental health needs including

cultural competence and language training. Develop programs and partnerships to

ensure access to mental health care for all persons.

Personal Growth

Foster a supportive, challenging and available learning environment that pays careful

attention to personal and professional development.

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PRESIDENT’S MESSAGE 2

Mission and Core Values 3

DISCLAIMER 7

GENERAL CAMPUS INFORMATION 7

Accreditation and Institutional Recognition 7

Building Hours 8

Smoking 8

Personal Property 8

CAMPUS-WIDE POLICIES 9

Alcohol and Drug-Free Campus 9

Emergency Closings 10

Evacuation Policy 10

Emergency Management Guide 10

William James College Identification (ID) Cards 10

Visitors 11

Pets and Animals 11

Religious Observances 11

Office of Research 11

Equal Opportunity, Diversity and Affirmative Action 12

Statement of Non-Discrimination 12

Disability and Accommodation Procedures 13

Title IX Overview 13

EMPLOYMENT POLICIES 14

Employment Categories 14

Employment Applications 14

Background Checks 14

Employment Reference Checks 15

Job Posting 15

Hiring of Relatives 15

Immigration Law Compliance 15

Employee Relations 16

Employee Conduct 16

Workplace Violence 17

Prohibited Conduct 17

Reporting Procedures 17

Business Ethics and Conduct 17

Non-Disclosure of Confidential Business Information 18

Introductory Employment Period 18

Orientation 19

Job Descriptions 19

Access to Personnel Files 20

Fair Labor Standard Act 20

Timekeeping 21

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Position Classification 21

Work Schedule 21

Compensation 21

Pay Days 22

Direct Deposit 22

Pay Advances 22

Administrative Pay Corrections 22

Overtime 23

Attendance and Punctuality 23

Rest and Meal Periods 23

Personal Appearance 24

Casual Days 24

Performance Evaluation 25

Progressive Discipline 25

Problem Resolution 26

Resignation 27

Termination 27

Return of Property 28

Re-employment at William James College 28

EMPLOYEE BENEFITS 29

Health and Dental Insurance 29

Benefits Continuation (COBRA) 30

Life Insurance 30

Disability Insurance 30

Workers’ Compensation Insurance 30

403(b) Savings Plan 31

Employee Tuition Discount 31

Holidays 31

Vacation 32

Personal Days 34

Sick Leave 34

Family Medical Leave Act 35

Military Leave 43

Maternity/Paternity Leave 44

Small Necessities Leave 44

Domestic Violence Leave 45

Bereavement Leave 47

Jury Duty 48

Unpaid Personal Leaves of Absence 48

COMPUTER AND EMAIL SYSTEMS: ACCEPTABLE USAGE 49

Internet Usage Guidelines 50

Phone and Mail Systems Use 51

Workplace Monitoring 51

Social Media Guidelines 52

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GENERAL COMPUTER/AUDIO VISUAL/TECHNOLOGY

EQUIPMENT POLICIES 55

Lending and Usage Policy 55

Attachments

Policy Against Discrimination, Discriminatory Harassment and Retaliation 56

Title IX Policy 61

Office of Research Policy 83

William James College Drug and Alcohol Policy 96

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DISCLAIMER

The contents of this Non-Academic Employee Handbook (“Employee Handbook”)

have been designed to acquaint you with William James College (or “the College” or

“institution”) and help to guide you in your employment relationship.

This Employee Handbook is not a contract between William James College and any one

or all of its employees, nor does it guarantee employment for any definite period of time.

William James College is an “at-will” employer. This means that William James

employees have the right to resign their position at any time, for any reason, with or

without advance notice and with or without cause. William James College, as the

employer, has similar rights to terminate employment at any time, for any lawful reason,

with or without notice and with or without cause. The same is true for benefits and all

terms and conditions of employment.

William James College reserves the right to unilaterally change, revise, suspend, revoke

or eliminate any of the plans, policies or procedures described in this Employee

Handbook. Any such changes to any portion of the Employee Handbook will become

effective only when approved and authorized for implementation by the President of the

College. When such changes are made, the William James College community will be

informed via appropriate means.

This Handbook is not a “summary plan description” as defined by the Employee

Retirement Insurance Security Act of 1974, as amended ("ERISA"). For the employee

benefits described herein, which are subject to ERISA, this Handbook only highlights such

benefits. The applicable plan documents and summary plan descriptions (“ERISA plan

documents”) control the provision of those benefits. In the event of any conflict between

this Handbook and ERISA plan documents, the ERISA plan documents will control.

This manual supersedes all prior policies, procedures, manuals and/or handbooks, as

well as any representations or interpretations of policy or procedure by any manager,

regarding the subjects, plans, policies, benefits and procedures addressed in this

Employee Handbook.

Human Resources is always available to assist you with your employment needs. If you

have any questions, please feel free to contact them.

GENERAL CAMPUS INFORMATION

Accreditation and Institutional Recognition

William James College is a recognized non-profit institution of higher learning offering

graduate certificates and degrees. The Massachusetts Department of Higher Education

has authorized this institution to award the Psy.D., M.S., and M.A. degrees and the

Certificate of Advanced Graduate Study C.A.G.S. (Contact information: The Department

of Regents of Higher Education of the Commonwealth of Massachusetts, 1 Ashburton

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Place, Room 1401, Boston, MA, 02108; 617-994-6950.)

William James College is accredited by the New England Commission of Higher

Education. (NECHE), the accrediting body for the six New England states. Accreditation

by this association signifies that the institution has been determined to have the available

resources to achieve its stated purposes through its educational program and gives

evidence that it will continue to do so in the foreseeable future. (Contact information: The

New England Commission of Higher Education, 3 Burlington Woods Drive, Suite 100,

Burlington, MA 01803; 781-425-7785.)

The Psy.D. program in Clinical Psychology is accredited by the American Psychological

Association (APA), demonstrating that it complies with the APA Criteria for Accreditation

implemented in a manner consistent with its publicly stated goals and objectives. (Contact

information: The Office of Program Consultation and Accreditation of the American

Psychological Association, 750 First Street, NE, Washington, D.C., 20002-4242; 202-

336-5979.)

The program leading to the Certificate of Advanced Graduate Study (C.A.G.S) in School

Psychology is accredited by the National Association of School Psychologists (NASP).

(Contact information: National Association of School Psychologists, 4340 East West

Highway, Suite 402, Bethesda, Maryland 20814; 301-657-0270.)

Building Hours

One Wells Avenue Building: Monday – Thursday: 7AM – 9PM; Friday: 7AM – 5:30PM;

Saturday: 8AM – 5PM; Sunday: open only for students in Blended Programs during their

weekends in residence.

Smoking

In accordance with the Massachusetts Clean Indoor Air Act, which prohibits smoking in

many public areas, including schools, Colleges and universities, the institution prohibits

smoking throughout the campus. This prohibition applies to all employees, faculty, students,

volunteers, vendors and visitors. There are outside designated smoking areas.

Personal Property

Personal property is brought onto the College premises at the owner’s risk. Although we

all attempt to safeguard our property, the institution’s insurance protects only property

owned by the College.

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CAMPUS-WIDE POLICIES

Alcohol- and Drug-Free Campus Policy

In compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and

Communities Act Amendments of 1989, and pursuant to its commitment to provide

students, employees and visitors a safe and healthful campus, William James College

has established an Alcohol and Drug Awareness Program and implemented an Alcohol

and Drug-Free Campus Policy.

A summary of the conduct prohibited by the institution’s Alcohol and Drug-Free Campus

Policy is as follows:

• no student or College employee may at any time use, possess, sell, manufacture,

distribute, store or dispense alcohol on our premises, as part of any College related

activity, or in the workplace, except as specifically authorized by the College or

under the Colleges regulations;

• no student or employee may unlawfully manufacture, distribute, dispense, possess

or use controlled substances on campus, at any College activity, or on College

business;

• no person may bring prescription drugs on campus unless they have been

prescribed by a licensed physician, and such drugs can only be used by the person

receiving such a prescription in the manner, combination and quantity prescribed;

and

• no employee holding a position which the College considers to be safety sensitive

may use prescription drugs at work without first obtaining a statement from his or

her prescribing physician that the use of prescription drugs on the job will not impair

the individual’s work abilities.

Compliance with the Alcohol and Drug-Free Campus Policy is a condition of enrollment

and employment at the William James College. If a violation of the Policy occurs, the

institution will take the necessary disciplinary measures. Such measures may include,

but are not limited to:

• removal from duty;

• required attendance at an evaluation session with a professional staff member;

• successful completion of a mandatory drug or alcohol abuse program;

• termination of employment;

• expulsion; and

• referral to appropriate law enforcement officials for criminal prosecution.

A copy of the institution’s full Alcohol and Drug-Free Campus Policy shall be provided to

every student and employee annually. All students and employees are urged to read it

in its entirety. A copy of the full Policy may be obtained at any other time by contacting

your supervisor and is also included at the end of this handbook.

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Emergency Closings

William James College recognizes that inclement weather and other emergencies can

affect its ability to open for business and can disrupt its operations for employees, staff,

faculty and students. It is the institution’s policy to operate in accordance with the

approved Calendar and to maintain full operations unless severe or emergent conditions

dictate otherwise. When severe or emergent conditions exist, the decision to open late,

close for the day or to close early will made by designated individuals. Such decisions

will be based upon the best information available regarding the operational status of the

institution.

In the event that inclement weather or another emergency occurs when the institution is

not open, the following will occur:

1. The following television stations will broadcast notification of the Colleges

closing:

TV: CBS (4), WCVB (5), Boston WHDH (7), FOX (25), NECN

2. An alert cell phone text is sent to all cell phones.

3. A message is placed on the main phone line: (617)-327-6777.

4. A notice is placed on the main web page: www.williamjames.edu.

It is the responsibility of students and employees to verify if the institution is closed or

opening late. During working hours, changes to the College’s operating schedule will be

communicated to all affected individuals as quickly as possible in accordance with

established emergency notification procedures as noted above. In cases where an

emergency closing is not authorized, employees who fail to report for work will not be paid

for the time off.

Evacuation Policy

In the event of a fire or other emergency at either College campus, an audible alarm will

sound to alert you to exit the building. ALL PERSONNEL MUST EXIT THE BUILDING.

Emergency Management Guide

An emergency management guide is located in every classroom and in strategic locations

throughout the building.

William James College Identification (ID) Cards

All students, faculty and other employees are issued official photo identification cards. ID

cards must be carried whenever on campus or otherwise participating in a William James

College related activity. Permitting another person to use one’s ID card is prohibited and

is considered a serious ethical violation. Lost cards should be reported to the Information

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Technology Department.

Visitors in the Workplace

To provide for the safety and security of students, staff, faculty and the facilities at the

institution, all visitors must sign in at the reception area. Authorized visitors will be

escorted to their destination.

Pets and Animals

With the exception of service dogs, no pets and other animals may be brought into the

building.

Religious Observances

William James College respects the right of individuals to observe religious holidays

during the year. The institution will attempt to reasonably meet the needs of our

employees relating to their religious beliefs and practices of which we are aware.

However, the institution cannot make any accommodations which would cause undue

hardship or which relate to matters about which we have not been informed.

Students: The College, when scheduling classes on religious holidays, intends

that students observing those holidays be given opportunity to make up work. The

student should notify the instructor at the beginning of the semester if she/he will

need to arrange with the Instructor for any accommodation.

Faculty: Faculty who wish to observe religious holidays may arrange for another

faculty member to meet their classes or reschedule the class and should inform

students about any changes in scheduling.

Office of Research

The values of research, scholarship and evidence based practice are central to William

James College (WJC). To support these values, the Office of Research has developed

policies to foster the execution of responsible and ethical research. All investigators

(faculty, staff, professionals and students) must comply with these policies while

conducting research at WJC, or while affiliated with WJC. Full policy is included at the

end of the handbook.

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Commitment to Equal Opportunity, Diversity and Affirmative Action

William James College is an institution and a community committed to the principles of

excellence, fairness and respect for all people. As part of this commitment, we actively

value diversity in our workplace and seek to take advantage of the rich backgrounds and

abilities of everyone. Our equal opportunity commitment affirmatively protects all staff and

applicants ensuring that employment decisions are based on individual merit as opposed

to stereotypes and biases.

Providing equal opportunity in employment is only one aspect of achieving diversity at

William James College. Because a variety of social and historical barriers have limited

access to employment and advancement of certain groups in the past, we make special

efforts to identify, recruit, hire and promote qualified people who are traditionally

underrepresented in our workforce.

Statement of Non-Discrimination

William James College is committed to a policy of non-discrimination, equal opportunity,

diversity and affirmative action. We are dedicated to providing educational, working and

living environments that value the diverse backgrounds of all people.

William James College does not unlawfully discriminate in admission or access to, or

treatment or employment in, its educational programs and activities 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.

William James prohibits unlawful discrimination or discriminatory harassment on all of

those bases. Such behaviors violate the institution’s policy, will not be tolerated, and may

result in disciplinary action up to and including termination or expulsion.

It is also the policy of William James College to provide each student, faculty member,

employee and other person having dealings with the institution an environment free from

unlawful sexual violence and all forms of misconduct on the basis of gender. William

James College prohibits rape, statutory rape, sexual assault, sexual exploitation, incest,

sexual harassment, gender-based harassment, domestic violence, dating violence and

stalking, and retaliation. These behaviors violate the institution’s policy, will not be

tolerated, and may result in disciplinary action up to and including termination or

expulsion.

William James College policies against discrimination, discriminatory harassment, sexual

violence and retaliation apply in all College programs and activities, including, but not

limited to, instruction, grading, and employment. They apply to all members of the campus

communities, including, but not limited to, students, faculty, staff, visitors, contractors and

applicants for employment or admission. They also apply to off-campus conduct that

negatively affects a community member’s experience in the institution’s environment.

William James College has appointed an Equal Opportunity Officer (“EO Officer”) to

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oversee its compliance with its nondiscrimination, discriminatory harassment and

retaliation policies, as well as the state and federal non-discrimination and equal

opportunity laws. Anyone with questions, concerns or complaints regarding

discrimination, discriminatory harassment or retaliation may contact the EO Officer, the

Director of Human Resources, extension 1531.

Any person with questions or concerns about any form of sexual violence, sexual

harassment, gender-based harassment, domestic violence, dating violence and stalking

and/or retaliation may also contact William James Title IX Coordinator at: Gloria Noronha,

Director of Diversity, Equity & Inclusion, Extension 2261.

The U.S. Department of Education

Office for Civil Rights

33 Arch Street, 9th Floor

Boston, MA 02119-1424

(617) 289-0111

Fax (617) 289-0150; TDD (877) 521-2172

[email protected]

Disability and Accommodations

(American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act)

William James College complies with the state and federal laws that extend civil-rights

protection to persons with disabilities, including students, faculty, employees and visitors.

The ADA, as amended, protects qualified applicants and employees with disabilities from

discrimination in hiring, promotion, discharge, pay, job training, fringe benefits,

classification, referral and other aspects of employment on the basis of disability.

Similarly, Section 504 of the Rehabilitation Act of 1973 protects qualified individuals from

discrimination based on their disability. Consistent with these requirements, it is policy of

William James College not to discriminate against any qualified student, employee, or

applicant for admission or employment because of such individual’s disability or perceived

disability. In compliance with our policy of non-discrimination, the institution will provide

reasonable accommodations to a qualified individual with a disability (as defined by law)

or applicant who has made us aware of his/her disability and requested accommodation,

provided that such accommodation does not constitute an undue hardship on the

institution.

Title IX

William James College is committed to maintaining a safe and healthy environment that

is free from all forms of sexual violence, sexual harassment, gender-based harassment,

domestic violence, dating violence, stalking and retaliation. Consistent with this

commitment, the institution complies with Title IX of the Higher Education Amendment of

1972, which prohibits discrimination and harassment on the basis of sex in education

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programs and activities. Training is provided upon hire and annually for all employees.

A summary of this policy can be found at the end of the handbook and a full version

online.

EMPLOYMENT POLICIES

Employment Categories

Full-Time Regular Employee: An individual classified as a regular employee in an

established job that meets the full-time requirements

working 35 hours per week as defined by William

James College.

Half-Time Regular Employee: An individual classified as a regular employee in an

established job that works between 18 and 34 hours

per week.

Part-Time Regular Employee: An individual classified as a regular employee in an

established job that works less than 17.5 hours per

week.

Per Diem Employee: An individual classified as an employee who

works on an as-needed basis and not regularly

scheduled. This individual is ineligible for any

benefits provided by William James College. Per Diem

employees are required to work certain shifts, holidays

and/or weekends to maintain their per diem status.

Temporary Employee: An individual classified as an employee who generally

works for a specified, limited duration of time, regardless

of the number of hours per week. Temporary employees

are not eligible for any College provided benefits.

Employment Applications

William James College relies upon the accuracy of information contained in the

employment application, as well as the accuracy of other data presented throughout the

hiring process and employment. Any misrepresentations, falsifications, or material

omissions in any of this information or data may result in the exclusion of the individual

from further consideration for employment or, if the person has been hired, termination of

employment.

Background Checks

All volunteers and all job applicants who are offered employment with William James

College: (1) must complete a CORI Authorization Form and (2) must receive clearance

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from the institution prior to the start of their service. Any prospective volunteer or

employee whose CORI report reflects conviction of certain offenses may no longer be

eligible to work at the College.

Employment Reference Checks

To ensure that individuals who join William James College are well qualified and have a

strong potential to be productive and successful, it is the policy of the institution to check

the employment references of all applicants.

Human Resources will respond to all reference check inquiries from other employers.

Responses to such inquiries will confirm only dates of employment and job title.

Job Postings

William James College encourages employees to take a self-directed approach to their

career development. Through our Internal Job Posting Program, you can enhance your

professional skills while making a positive contribution to your own career. Generally, the

institution will post open positions for a minimum of five (5) days. Each posting will include

a brief description of the job requirements and qualifications needed. All exempt level

applicants must submit a resume to apply. To be eligible, you must have been in your

current position at least six months; be on active status; have a current performance rating

of satisfactory or better; and meet the minimum requirements of the position. The

timeframe for transferring to a new position will depend on the ability to replace your

current position and will be at the discretion of your current supervisor.

The College’s selection decisions are based on qualifications and ability. In the case of

internal applicants, past job performance at the College will also be taken into

consideration. In all cases, the hiring supervisor’s determination as to qualifications and

ability will control.

Hiring of Relatives

Employment of relatives is highly discouraged at William James College. This is inclusive

of full-time, part-time, seasonal and temporary employees. Questions or concerns

regarding hiring of relatives must be brought to the Director of Human Resources for

resolution.

Immigration Law Compliance

William James College is committed to employing only those individuals who are

authorized to work in the United States. The institution does not discriminate on the basis

of citizenship or national origin.

The Immigration Reform and Control Act of 1986, requires employers to verify that every

person hired is a U.S. citizen, a permanent resident, or a foreign national with

authorization to work in the U.S. Accordingly, each new employee, as a condition of

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employment, must complete the Employment Eligibility Verification Form I-9 and present

documentation establishing identity and employment eligibility. Former employees who

are rehired must also complete the form if they have not completed an I-9 with William

James College within the past three years, or if their previous I-9 is no longer retained or

valid.

Employees with questions or seeking more information on immigration law issues are

encouraged to contact Human Resources.

Employee Relations

William James College is committed to the fair treatment of our valued employees. This

commitment helps assure your working environment is fair and equitable and allows all

employees to succeed. We are committed to providing opportunities for training and

advancement, competitive wages and benefits and fair treatment of all employees. In

return, we hope all employees will engage us in full and open communications.

Employee Conduct

To ensure orderly operations and provide the best possible work environment, William

James College expects employees to follow rules of conduct that will protect the interests

and safety of all employees and the organization.

It is not possible to list all the forms of behavior that are considered unacceptable in the

workplace. The following are examples of infractions of rules of conduct that may result

in disciplinary action, up to and including termination of employment:

• Theft or inappropriate removal or possession of property

• Falsification of timekeeping records

• Working under the influence of alcohol or illegal drugs

• Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the

workplace, while on duty, or while operating College-owned vehicles or equipment

• Fighting or threatening violence in the workplace

• Insubordination or other disrespectful conduct

• Smoking in prohibited areas

• Sexual or other unlawful or unwelcome harassment

• Possession of dangerous or unauthorized materials, such as explosives or

firearms, in the workplace

• Excessive absenteeism or any absence without notice

• Unauthorized absence from work station during the workday

• Unauthorized use of telephones, mail system, or other employer-owned equipment

• Unauthorized disclosure of business "secrets" or confidential information

• Violation of personnel policies

• Unsatisfactory performance or conduct

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Workplace Violence

William James College has zero tolerance for violence in the workplace. We are

committed to the prevention of workplace violence and the maintenance of a respectful

working community. A safe and secure environment is a fundamental prerequisite for

fulfilling the institution’s mission. Therefore, the institution will not tolerate threats,

threatening conduct or any other act of aggression or violence in the workplace or in any

work-related setting outside the workplace, such as during business trips, College outings

or at business related social events. The institution reaffirms the basic right of all

employees to a safe and humane working environment. All members of the faculty, staff,

administrative community and students will be treated with dignity, respect and fairness

at all times.

Prohibited Conduct

William James College will not tolerate any type of workplace violence committed by or

against faculty, staff or administrative employee. Workplace violence, for the purpose of

this policy, is defined as any behavior that creates a work environment that a

reasonable person would find intimidating, threatening, violent, or abusive, regardless of

whether the behavior may affect a person’s psychological or physical well-being and

ability to do his/her job.

Reporting Procedures

Employees are responsible for notifying a supervisor or the Director of Human

Resources of any threats which they have witnessed, received or have been told that

another person has witnessed or received. Employees should also report any behavior

they have witnessed which they regard as threatening or violent when that behavior is

or might be carried out on College property or in connection with employment. In

instances where immediate fear for safety is present, employees should dial 911

immediately. All reports or incidents of workplace violence will be investigated by the

Director of Human Resources in conjunction with the Safety Office and those situations

warranting confidentiality will be handled appropriately. Information will be disclosed to

others only on a need-to-know basis. Retaliation toward an employee bringing forward a

workplace violence complaint will not take place and will not be tolerated.

Employees who have initiated a restraining order or other forms of domestic violence or

stalking protection may notify Human Resources to discuss protective measures in the

workplace, if requested.

William James College Standards of Conduct and Business Ethics

William James College holds a strong commitment to high ethical standards and full

compliance with laws, regulations and policies. Our reputation for honesty, fairness and

business integrity is vital to our success and therefore of paramount concern. Employee

conduct must conform at all times to the highest standard of ethical and lawful behavior.

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William James College operates in a business environment that is highly regulated and

has become increasingly complex under federal and state laws. It is the responsibility of

all employees, to consistently and fully comply with all laws and regulations. To obtain

further guidance on an ethics and compliance issue or to report a suspected violation of

our Code of Conduct:

• DISCUSS the situation with your supervisor or other manager;

• DISCUSS the situation with the Compliance Officer;

• CALL the Corporate Compliance Hotline at: 844-490-HELP

• EMAIL the Corporate Compliance line at: compliance@williamjames.edu

William James College will handle all such reports with as much confidentiality as is

possible consistent with its desire to thoroughly investigate and, if necessary, take

corrective action. William James College will not permit retaliation against anyone who

makes a report under this policy.

Non-Disclosure of Confidential Business Information

The protection of confidential business information and trade secrets is vital to the

interests and the success of William James College. Such confidential information

includes, but is not limited to, the following examples:

• compensation data

• computer processes

• computer programs and codes

• customer lists

• customer preferences

• financial information

• marketing strategies

Employees who improperly use or disclose confidential business information will be

subject to disciplinary action, up to and including termination of employment, even if they

do not actually benefit from the disclosed information.

Introductory Period

The introductory period is intended to give new employees the opportunity to demonstrate

their ability to achieve a satisfactory level of performance and to determine whether the

new position meets their expectations. William James College uses this period to evaluate

employee capabilities, work habits, and overall performance. Either the employee or

William James College may end the employment relationship at will at any time during or

after the introductory period, with or without cause or advance notice.

All new and rehired employees work on an introductory basis for the first 180 calendar

days after their date of hire. Any significant absence will automatically extend an

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introductory period by the length of the absence. If the institution determines that the

designated introductory period does not allow sufficient time to thoroughly evaluate the

employee's performance, the introductory period may be extended for a specified period.

Orientation Program

William James College recognizes that the orientation process is highly essential and a

valuable part of an employee’s experience. The goals of William James’ Employee

Orientation Program include welcoming new employees, introducing our culture and

values and providing access to the tools and resources available for successful job

performance.

New employees are required to participate in orientation generally on their first day of

employment to acquaint them with job expectations and the institution’s policies and

regulatory compliances.

All employment policies apply during orientation.

Job Descriptions

William James College makes every effort to create and maintain accurate job

descriptions for all positions within the organization. Each description includes a job

information section, a job summary section (giving a general overview of the job's

purpose), an essential duties and responsibilities section, a supervisory responsibilities

section, a qualifications section (including education and/or experience, language skills,

mathematical skills, reasoning ability, and any certification required), a physical demands

section, and a work environment section.

The College maintains job descriptions to aid in orienting new employees to their jobs,

identifying the requirements of each position, establishing hiring criteria, setting standards

for employee performance evaluations, and establishing a basis for making reasonable

accommodations for individuals with disabilities.

The Director of Human Resources and the hiring manager prepare job descriptions when

new positions are created. Existing job descriptions are also reviewed and revised in

order to ensure that they are up to date. Job descriptions may also be rewritten

periodically to reflect any changes in the position's duties and responsibilities. All

employees will be expected to help ensure that their job descriptions are accurate and

current, reflecting the work being done.

Employees should remember that job descriptions do not necessarily cover every task or

duty that might be assigned, and that additional responsibilities may be assigned as

necessary. Contact the Director of Human Resources if you have any questions or

concerns about your job description.

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Access to Personnel Files

Personnel records must be kept up-to-date at all times. You must notify the Payroll and

Benefits Office of:

• Change of Address

• Change of Name

• Identity Theft

• Change in your designation of emergency contact information

• Motor vehicle information

• Any change to your benefits enrollments that you may choose to request due to

major life events

• Any changes to your professional license/certification status

You are welcome to review the contents of your personnel file by submitting a written

request and making an appointment with the Payroll and Benefits Office. Copies

requested in writing will be provided within five (5) business days.

Fair Labor Standards Act (FLSA) – Exempt and Non-Exempt Designations

The Fair Labor Standards Act (FLSA) establishes provisions and standards to determine

overtime pay, hours worked, record-keeping plans and child-labor provisions. Jobs at

William James College are either classified as “non-exempt” or “exempt” work upon

regulations of the institution.

Non-Exempt Status

William James College is required by federal law to pay a regular hourly wage to staff

performing non-exempt work. The College is also required to pay staff performing

non-exempt work for all hours worked. Nonexempt employees should accurately

record the time they begin and end their work, as well as the beginning and ending

time of each meal period. They should also record the beginning and ending time of

any split shift or departure from work for personal reasons.

Exempt Employees

If you are classified as an exempt salaried employee, you will receive a salary which

is intended to compensate you for all hours you may work for William James College.

This salary will be established at the time of hire or when you become classified as an

exempt employee. While it may be subject to review and modification from time to

time, such as during salary review times, the salary will be a predetermined amount

that will not be subject to deductions for variations in the quantity or quality of the work

you perform. However, if you have any questions about any deductions or feel a

deduction has been made in error, you should immediately contact the Payroll and

Benefits Department.

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Timekeeping

Nonexempt Employees

Accurately recording time worked is the responsibility of every nonexempt employee.

Federal and state laws require the College to keep an accurate record of time worked

in order to calculate employee pay and benefits. Time worked is all the time actually

spent on the job performing assigned duties.

Altering, falsifying, tampering with time records, or recording time on another

employee's time record may result in disciplinary action, up to and including

termination of employment.

It is the employee’s responsibility to sign his/her time records to certify the accuracy

of all time recorded. The supervisor will review before submitting it for payroll

processing.

Exempt Employees

William James College must track and record all exception time for all exempt

employees. Exempt employees must submit an exception time sheet for each week

they have been out due to any exception time. Exception time includes vacation, sick,

bereavement and personal days. Exception sheet forms are located on the shared

drive in the forms folder. All completed exception sheets must be forwarded to the

Payroll and Benefits Office.

Position Classification

The Human Resources Department determines whether a position is exempt or

nonexempt by interpreting and applying the provisions of the Fair Labor Standards Act

(FLSA).

Work Schedules

The normal work schedule for all employees is 7 hours a day, 5 days a week. Supervisors

and/or managers must advise employees of the times their schedules will normally begin

and end. Staffing needs and operational demands may necessitate variations in starting

and ending times, as well as variations in the total hours that may be scheduled each day

and week.

Compensation

The College’s compensation program is designed to establish and maintain overall pay

and benefit levels that will attract, retain and motivate a qualified individual. This is

accomplished by establishing/maintaining pay rates and benefits that are internally

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equitable and externally competitive.

The objectives of William James College are to:

• Maintain internal equity by objectively evaluating jobs to ensure that a position’s

responsibilities are valued fairly relative to others within the institution.

• Within available resources, maintain compensation levels that reflect market

pay rates to ensure competitiveness with external markets.

• Conduct an annual review of salaries from both an internal and external

perspective to ensure awareness of trends and prepare recommendations to

correct the most significant problem areas.

• Ensure that salary increases remain a budget priority and part of the strategic

plan, staff salary increases are given serious consideration during the annual

budget process.

• Maintain flexibility so that the system will remain responsive to changes within

the institution, the external marketplace and the economic conditions within

both the institution and higher education.

• Provide employees with information about the compensation process, the

overall structure and ranges for their jobs and performance expectations.

• Ensure that compensation actions are administered in a manner to comply with

legal requirements.

• Ensure that the compensation program does not illegally discriminate against

any individual or group of individuals.

Paydays

All employees are paid biweekly on every other Thursday. Each paycheck will include

earnings for all work performed through the end of the previous payroll period.

In the event that a regularly scheduled payday falls on a day off such as a weekend or

holiday, employees will receive pay on the last day of work before the regularly scheduled

payday.

Direct Deposit

Direct deposit is mandated at William James College. Arrangements for direct deposit

may be made through the Payroll and Benefits Department.

Pay Advances

The College will not grant requests from employees who desire to receive their wages in

advance of the regular pay day.

Administrative Pay Corrections

The College takes all reasonable steps to ensure that employees receive the correct

amount of pay in each paycheck and that employees are paid promptly on the scheduled

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payday.

In the unlikely event that there is an error in the amount of pay, the employee should

promptly bring the discrepancy to the attention of Payroll and Benefits Department so that

corrections can be made as quickly as possible.

Overtime

Given the nature of our business, there will be occasions when overtime is necessary.

Non-exempt employees, generally paid by the hour with an hourly rate, generally will be

paid overtime at time-and-one-half of their regular hourly base rate for hours worked in

excess of 40 hours in a work week. William James College defines its work week at 35

hours. Therefore, all hours worked between 35 and 40 are paid at straight time.

Vacation, Sick and Personal Days are not included when calculating overtime.

NOTE: Overtime must be authorized by your Supervisor before it is worked.

Working unauthorized overtime is not permitted and will subject the employee to

disciplinary action, up to and including termination

Overtime compensation is paid to all nonexempt employees in accordance with federal

and state wage and hour restrictions. Overtime pay is based on actual hours worked.

Time off on meal breaks, sick leave, vacation leave, or any leave of absence will not be

considered hours worked for purposes of performing overtime calculations.

Circumstance may necessitate mandatory overtime for certain employees. While

normally assigned on a voluntary basis, overtime will be considered mandatory if an

insufficient number of employees volunteer to perform the work. Failure or refusal to work

mandatory overtime may result in disciplinary action up to and including termination.

Attendance and Punctuality

To maintain a safe and productive work environment, the College expects employees to

be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness

place a burden on other employees and on the institution. In the rare instances when

employees cannot avoid being late to work or are unable to work as scheduled, they

should notify their supervisor as soon as possible in advance of the anticipated tardiness

or absence.

Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary

action, up to and including termination of employment.

Rest and Meal Periods

If you work more than six (6) hours in a day, you generally will receive a thirty (30) minute

meal period (which is unpaid) and a paid rest break. The College allows for a 60 minute

meal break. If you work less than six hours, you generally will receive one fifteen-minute

paid rest break. Meal periods and rest breaks cannot be taken consecutively (unless

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approved in advance by your manager), nor can lunch be taken at the beginning or the

end of the work day.

Personal Appearance

Dress, grooming, and personal cleanliness standards contribute to the morale of all

employees and affect the professional image the College presents to the community.

During business hours or when representing William James College, you are expected to

present a clean, neat, and tasteful appearance. You should dress and groom yourself

according to the requirements of your position and accepted social standards.

Although some positions might require a more specific dress code, such as Admissions,

in general professional business casual attire is acceptable. There may be days or events

where your supervisor or office manager may request that business attire is more

appropriate. Advance notice will be given for these events/days.

Casual Days

The following information is intended to serve as a guide to help define appropriate casual

business wear for all employees during designated casual days at the College. Each

Friday will be a designated casual day. Other days, such as certain holidays or days

proceeding holidays, may be designated as casual days with prior notification from your

immediate supervisor.

Our primary objective is to have employees project a professional image while taking

advantage of more casual and relaxed fashions. Casual dress offers a welcome

alternative to the formality of typical business attire.

However, not all casual clothing is appropriate for the office. Casual business wear means

clean, neat, professional clothing. It is never appropriate to wear stained, wrinkled, frayed,

or revealing clothing to the workplace. If you are considering wearing something and you

are not sure if it is acceptable, choose something else or inquire first.

Listed below is a general overview of acceptable casual business wear as well as a listing

of some of the more common items that are not appropriate for the office. Obviously,

neither group is intended to be all inclusive. Rather, these items should help set the

general parameters for proper casual business wear and allow you to make intelligent

judgments about items that are not specifically addressed.

Examples of acceptable casual business wear include:

• slacks

• jeans

• shorts

• golf shirts

• T-shirts

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• sweatshirts

• athletic shoes

Examples of inappropriate clothing items that should not be worn on casual days include:

• sweatpants

• tank tops

On occasion, we may announce dress-down days where looser, even more informal

clothing can be worn in order to allow you to enjoy a special occasion, better tolerate

excessive heat conditions, or more comfortably organize your work area.

For some, traditional business attire may simply remain a more favored option on casual

days. The choice will be yours. We hope and fully expect that casual days will help make

our workplace more enjoyable and productive.

Performance Evaluation

Managers and employees are strongly encouraged to discuss job performance and goals

on an informal, day-to-day basis. A formal written performance evaluation will be

conducted at the end of an employee's initial period of hire, known as the introductory

period. Formal annual performance evaluations are conducted to provide both managers

and employees the opportunity to discuss performance, encourage and recognize

strengths, areas of development and goal setting.

Progressive Discipline

The purpose of this policy is to state the institution’s position on administering equitable

and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary

measure is the one that does not have to be enforced and comes from good leadership

and fair supervision at all employment levels.

The College’s own best interest lies in ensuring fair treatment of all employees and in

making certain that disciplinary actions are prompt, uniform, and impartial. The major

purpose of any disciplinary action is to correct the problem, prevent recurrence, and

prepare the employee for satisfactory service in the future.

Although employment with William James College is based on mutual consent and both

the employee and the College have the right to terminate employment at will, with or

without cause or advance notice, we may use progressive discipline at its discretion.

Disciplinary action may call for any of four steps -- verbal warning, written warning,

suspension with or without pay, or termination of employment -- depending on the severity

of the problem and the number of occurrences. There may be circumstances when one

or more steps are bypassed.

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Progressive discipline means that, with respect to most disciplinary problems, these steps

will normally be followed: a first offense may call for a verbal warning; a next offense may

be followed by a written warning; another offense may lead to a suspension; and, still

another offense may then lead to termination of employment.

William James College recognizes that there are certain types of employee problems that

are serious enough to justify either a suspension or termination of employment, without

going through the usual progressive discipline steps.

By using progressive discipline, we hope that most employee problems can be corrected

at an early stage, benefiting both the employee and the institution.

Problem Resolution

William James College is committed to providing the best possible working conditions for

its employees. Part of this commitment is encouraging an open and frank atmosphere in

which any problem, complaint, suggestion, or question receives a timely response from

management.

The College strives to ensure fair and honest treatment of all employees. Managers and

employees are expected to treat each other with mutual respect. Employees are

encouraged to offer positive and constructive criticism.

If employees disagree with established rules of conduct, policies, or practices, they can

express their concern through the problem resolution procedure. No employee will be

penalized, formally or informally, for voicing a complaint with William James College in a

reasonable, business-like manner, or for using the problem resolution procedure.

If a situation occurs when employees believe that a condition of employment or a decision

affecting them is unjust or inequitable, they are encouraged to make use of the following

steps. The employee may discontinue the procedure at any step.

Procedure

Step One

Employee presents problem to immediate manager after incident occurs or issues with

established rules, policies or practices for a face to face discussion. If the manager is

unavailable or employee believes it would be inappropriate to contact that person,

employee may present problem to the Director of Human Resources or any other member

of management.

Step Two

The Manager will conduct the necessary research or consultation with appropriate

management or individuals to aid in resolution. The manager will respond to the

employee within 10 days of discussion for a status report or information to resolve the

issue. Supervisor documents discussion.

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Step Three

In the event the staff member and manager are unable to resolve the issue or have a

satisfactory resolution, the manager and staff member will document all information and

meet with the Director of Human Resources to discuss the issue and attempt to resolve.

Step Four

All unresolved issues/disputes may be submitted to the Chief Operating Office who will

review and make a determination. All unresolved issues must be submitted in writing and

contain the signatures of Director Human Resources and the Department Manager. The

Chief Operating Office will review and consider the issue and has full authority to make

any adjustment deemed appropriate to resolve the problem.

Not every problem can be resolved to everyone's total satisfaction, but only through

understanding and discussion of mutual problems can employees and management

develop confidence in each other. This confidence is important to the operation of an

efficient and harmonious work environment, and helps to ensure everyone's job

satisfaction.

Resignation

Resignation is a voluntary act initiated by the employee to terminate employment with

William James College. Although advance notice is not required, the College requests

two (2) weeks' written resignation notice from all employees.

Termination

Termination of employment is an inevitable part of personnel activity within any

organization, and many of the reasons for termination are routine. Below are examples

of some of the most common circumstances under which employment is terminated:

• Resignation - voluntary employment termination initiated by an employee.

• Discharge - involuntary employment termination initiated by the organization.

• Layoff - involuntary employment termination initiated by the organization for

non-disciplinary reasons.

The College will generally schedule exit interviews at the time of employment termination.

The exit interview will afford an opportunity to discuss such issues as employee benefits,

conversion privileges, repayment of outstanding debts to the College, or return of College-

owned property. Suggestions, complaints, and questions can also be voiced.

Since employment with William James College is based on mutual consent, both the

employee and the institution have the right to terminate employment at will, with or without

cause, at any time with or without advance notice. Employees will receive their final pay

in accordance with applicable state law.

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Employee benefits will be affected by employment termination in the following manner.

All accrued, vested benefits that are due and payable at termination will be paid. The

employee will be notified in writing of the benefits that may be continued and of the terms,

conditions, and limitations of such continuance.

Return of Property

Employees are responsible for all William James College property, materials, or written

information issued to them or in their possession or control.

Employees must return all College property immediately upon request or upon

termination of employment.

Re-employment at William James College

Employees who leave William James College and are later re-hired may, in the College’s

discretion, receive credit for prior service for vacation eligibility and other benefits.

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EMPLOYEE BENEFITS

William James College currently offers several employee benefit plans to eligible

employees. A number of the programs (i.e., social security, workers’ compensation, and

unemployment insurance) cover all employees in the manner prescribed by law.

William James College and, if applicable, benefit plan administrators or insurance

companies, have the right and the legal authority to administer and interpret the plans, to

change the levels of employee contributions, and to amend, modify or terminate the plans

at any time for any reason.

This Employee Handbook provides a general description of the benefits currently offered

by College to eligible employees. To find out more about eligibility, benefits, options,

exclusions, limitations and other information about each of the benefit plans referenced

in the Handbook, please refer to each plan’s Summary Plan Description, which can be

obtained from the Payroll and Benefits Department or accessed through the College’s

benefit website. In the event the description of the plan in this Handbook conflicts with

the terms and conditions of coverage set forth in the formal ERISA plan documents, the

ERISA plan documents shall govern.

It is the employee’s responsibility to notify the Payroll and Benefits Department of any

changes that affect his/her insurance coverage or the insurance coverage of his/her

eligible dependents. William James College will not be responsible for non-coverage of

employees or their dependents because of an employee’s failure to provide accurate and

timely information to the institution.

Health and Dental Insurance

Employees who meet the eligibility requirements may choose to participate in either or

both of the institution’s sponsored medical and dental insurance plans. Employee

contributions for coverage under the medical and dental plans during active employment

will be made by payroll deductions. Deductions for the medical and dental programs are

taken on a pre-tax basis, according to IRS guidelines, thereby favorably reducing the

employee’s taxable income.

If you are eligible for benefits and waive coverage for either the medical or dental benefit

plans, you must complete a Medical and/or Dental Waiver Form.

Employees will have the opportunity to change their elections on an annual basis during

the open enrollment period. Otherwise, mid-year changes may be made only if you

experience a major change in family status as defined in the institution’s plans (which are

governed by the IRS) and is consistent with the desired change. Examples of a major

change in family status is a marital status change, birth, death or adoption of a child,

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change in spouse’s coverage, or the employee or dependent(s) meet or no longer meet

the eligibility requirements to participate in the plan. Mid-year changes must be made

within 30 days of the event.

Benefits Continuation (Consolidated Omnibus Budget Reconciliation Act - COBRA)

If you are enrolled in the institution’s medical, dental or vision insurance, you normally

may continue your benefits at your own cost after employment ends, generally for up to

18 months. Shortly after your termination/resignation, you will receive the necessary

papers from the institution’s COBRA Administrator. The papers will explain the

conditions, changes, and dates of the COBRA coverage. Certain other events may permit

you and/or your beneficiaries to elect COBRA. Please contact the Payroll and Benefits

Department if you need more information about your COBRA rights.

In most instances, employees have 60 days from the date the COBRA notice was sent,

to decide whether or not they wish to choose COBRA coverage. All papers must be

signed and returned as indicated within such 60-day period.

Life Insurance

William James College offers Life and Accidental Death and Dismemberment insurance

to eligible employees. These plans are 100% paid by the College and eligible employees

are automatically enrolled even if they do not elect medical or dental insurance coverage

that is offered by the institution.

Disability Insurance

William James College currently offers eligible employees both Short Term and Long

Term disability plans that pay a portion of salary replacement in the event you become

disabled as defined under the plans. These plans are covered 100% by the College. You

are automatically enrolled if eligible.

Workers’ Compensation Insurance

The institution makes all reasonable efforts to provide a safe working environment for

employees. Keeping your work area clean and orderly reduces the potential for

accidents. Observe common sense safety rules in the workplace and consider safety first

at all times. If you observe a safety hazard, please report it to your Supervisor

immediately. All employees are required to report all work related injuries or illnesses to

their Supervisor as soon as possible, even if it may appear to be minor.

All employees are covered by Workers' Compensation Insurance in accordance with

State law. If you should be injured while working, either in the office or while conducting

business for William James College, you are responsible for complying with the following:

• Contact your supervisor, Director of Human Resources or the Safety Officer

immediately;

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• Complete and submit an incident report as soon as possible;

• Report to the institution’s designated physician/employee health program for

examination and treatment;

• Refer to the Exposure Control Plan, if relevant, for additional information

regarding exposure to blood and body fluids; and

• Call or report back to your Supervisor, Director of Human Resources or the

Safety Officer to provide an update on your status.

Employees who are absent from work due to a work-related injury will be asked to use

available time from their accrued vacation to provide income during any unpaid portion of

their absence. Any time off from work due to a work-related injury will be treated, if

eligible, as a Family and Medical Leave Act (“FMLA”) leave and administered accordingly.

(Please refer to the FMLA policy in this Handbook for further details.)

Employees absent from work due to a work-related injury are responsible for keeping the

College and their manager informed of their work status and for providing medical

certifications as required. Employees will also be held accountable for keeping

scheduled visits and will be required to forward all documentation to the Director of

Human Resources and their Manager.

Remember that your safety is our primary concern. Please think safety and work safely.

If you have a suggestion that would make our operations safer, please feel free to speak

with your supervisor or the Safety Officer.

403(b) Savings and Retirement Plan

William James College offers a 403(b) Retirement Savings Plan. This program assists

eligible employees in reaching possibly their biggest goal, that of retirement. Examples

of the advantages to participating in the 403(b) plan include pre-tax contributions through

payroll deductions. Please refer to the 403(b) Plan Document and summary plan

description for complete plan details.

Employee Tuition Discount

Employees who want to access the employee tuition discount and have been employed

for thirty-six months may choose to apply to an academic program within the institution.

The employee should have a discussion with his/her manager to receive approval.

Please refer to the Employee Tuition Policy for further information.

Holidays

William James College will grant holiday time off to all eligible employees on the holidays

listed below:

• New Year's Day (January 1)

• Martin Luther King, Jr. Day (third Monday in January)

• Presidents' Day (third Monday in February)

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• Patriots Day (April)

• Memorial Day (last Monday in May)

• Juneteenth (June)

• Independence Day (July 4)

• Labor Day (first Monday in September)

• Columbus Day (second Monday in October)

• Veteran's Day (November)

• Thanksgiving (fourth Thursday in November)

• Day after Thanksgiving

• Christmas (December 25)

Holiday pay will be calculated based on the employee's straight-time pay rate (as of the

date of the holiday) times the number of hours the employee would otherwise have

worked on that day. Eligible employee classification(s):

• Regular full-time employees

• Regular part-time employees

A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A

recognized holiday that falls on a Sunday will be observed on the following Monday.

If eligible nonexempt employees work on a recognized holiday, they will receive holiday

pay plus wages at one and one-half times their straight-time rate for the hours worked on

the holiday.

Paid time off for holidays will be counted as hours worked for the purposes of determining

whether overtime pay is owed.

Vacation

Eligibility

William James College provides vacation time off with pay for eligible employees to

provide opportunities for rest, relaxation, and personal pursuits. Employees in the

following employment classification(s) are eligible to earn and use vacation time as

described in this policy:

• Full-time employees

• Half-time employees

Vacation Accrual Rates

The amount of paid vacation time employees receive each year increases with the

length of their employment as shown in the following schedule:

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• Upon initial eligibility the non-exempt employee is entitled to 10 vacation days

each year, accrued monthly at the rate of .0.833 days.

• Upon initial eligibility the exempt employee is entitled to 15 vacation days each

year, accrued monthly at the rate of 1.25 days.

• After 2 years of service all eligible employees are entitled to 15 vacation days

each year, accrued monthly at the rate of 1.25 days.

• After 5 years of service all eligible employees are entitled to 20 vacation days

each year, accrued monthly at the rate of 1.667 days.

• After 10 years of service all eligible employees are entitled to 25 vacation days

each year, accrued monthly at the rate of 2.0833 days.

• After 20 years of service all eligible employees are entitled to 30 vacation days

each year, accrued monthly at a rate of 2.5 days.

Eligible non-exempt (hourly-paid employees) accrue vacation based on actual hours

paid up to 35 hours per week (prorated if less than 35 hours per week), excluding

overtime, on-call hours, and unpaid leaves of absence.

Exempt employees accruals occur in days; however, these are tracked in equivalent

hours for record-keeping purposes (e.g., 15 days equals 120 hours for a standard 5-

day/35-hour workweek). Accrual rates are prorated based on a percentage of full-time

for exempt employees.

Employees begin to earn paid vacation time according to the accrual schedule.

However, before vacation time can be used, a waiting period of 180 calendar days

must be completed. After that time, employees can request use of earned vacation

time including that accrued during the waiting period.

Vacation Year

The College’s vacation year begins on June 1

and ends on May 31

of the following

year.

Request for Vacation

Employees must obtain prior approval from their supervisors in writing in order to use

their vacation time. This is done by completing a vacation request form in advance.

Requests will be reviewed based on a number of factors, including the institution

needs and staffing requirements. Under certain circumstances, it may be appropriate

for a supervisor to deny an employee’s request for vacation, however the supervisor

must plan with the employee for an alternative time. For this reason, supervisors and

employees are encouraged to plan vacation time with as much advance notice as

possible.

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If an employee is eligible and requests vacation time for a reason covered under the

Family and Medical Leave Act (FMLA), he/she should give at least 30 days written

notice when foreseeable. If not, employees must give as much notice as soon as

possible. When such notice is given, such verifiable requests to use vacation time

under the FMLA will be approved. (See FMLA policy)

Using Vacation Time

Vacation time off is paid at the employee's base pay rate at the time of vacation. It

does not include overtime or any special forms of compensation such as incentives,

commissions, bonuses, or shift differentials.

As stated above, employees are encouraged to use available paid vacation time for

rest, relaxation, and personal pursuits. In the event that available vacation is not used

by the end of the benefit year, employees will forfeit the unused time.

Vacation time needs to be used within benefit year, June 1

– May 31st. Vacation

time cannot be carried over.

Upon termination of employment, employees will be paid for unused vacation time

that has been earned through the last day of work.

Personal Days

Employees who have completed their introductory period are eligible for three (3)

personal days each year. These days do not carry over from year to year.

Sick Leave

William James College provides paid sick leave benefits to employees for periods of

temporary absence due to illnesses or injuries.*

Eligible employees will accrue sick leave benefits at the rate of 7 days per year.

An employee may use sick leave benefits for an absence due to his/her own illness or

injury, or that of a child, parent, or spouse of the employee.

Employees who are unable to report to work due to illness or injury should notify their

direct supervisor before the scheduled start of their workday if possible. The direct

supervisor must also be contacted on each additional day of absence.

Sick leave benefits will be calculated based on the employee's base pay rate at the time

of absence and will not include any special forms of compensation, such as incentives,

commissions, bonuses, or shift differentials.

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Family and Medical Leave Policy

William James College understands the importance of family issues to today’s workforce,

and recognizes that its employees often face conflicting demands of family obligations

and work requirements. Because employees may find it necessary to take leave from

their jobs for a temporary period to address certain family responsibilities or their own

serious health conditions, and in order to comply with the Family and Medical Leave Act

(“FMLA”), the College has established the following policy to address family and medical

leaves. William James policy is intended to complement other leaves that may be

available under applicable federal and/or state laws.

Eligible employees may be entitled to leave under FMLA for specified family and medical

reasons. Although FMLA leave is unpaid, concurrent with FMLA leave, the institution

requires that employees use available paid vacation, sick and personal benefits, to the

extent they are available. If no accrued time is available, leave under this policy will be

unpaid.

FMLA leave applies equally to employees of any gender.

Description

FMLA leave (consecutive days or intermittent) is available for personal serious

illness; births and adoptions; the care of a child, parent, spouse with a serious health

condition; or to care for injured or ill service member (“Military Family Leave”).

Qualified Reasons for Leave

• The employee’s serious health condition:

• The birth and care of the employee’s child;

• Placement with the employee of a child for adoption or foster care:

• Care of the employee’s spouse, child or parent with serious health condition;

• Because care is required for a family member or next of kin who is a member

of the armed forces, including a member of the National Guard or Reserves,

who is undergoing medical treatment, recuperation or therapy, or is otherwise

in outpatient status on the temporary disability retired list, for a serious injury or

illness; and/or

• Because of a “qualifying exigency” relating to the active-duty status or call to

active-duty in the armed forces of a spouse, son, daughter, or parent of the

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employee, including those contingencies set forth in the applicable regulations,

summarized below as follows:

1. Short notice deployment;

2. Military events and related activities;

3. To arrange for childcare or provide childcare on an urgent basis, or for

school activities;

4. To make financial or legal arrangements;

5. To attend counseling;

6. To spend time with the service member while on short-term leave;

7. For post-deployment activities; or

8. For other activities in accordance with the regulations.

Length and Duration of Leave

• Family Medical Leave may not exceed 12 weeks within a rolling 12-month

period (which period is measured backward from the date an employee uses

any FMLA leave). Each time an employee takes FMLA leave, the remaining

leave entitlement equals the balance for the 12 weeks that has not been used

during the immediately preceding 12 months.

• Military Family Leave may not exceed 26 weeks within a 12 month period. This

leave entitlement shall be applied on a per-covered-service member, per-injury

basis.

• "Intermittent leave" is understood as time off in increments shorter than 12

consecutive weeks. Intermittent leave may be taken for the care of a spouse,

child, or parent who has a serious health condition - or for an employee's own

serious health condition. Neither the care of a child following birth or the

adoption or placement of a child with an employee for foster care may be taken

intermittently. Maternity Leave may only be taken on an intermittent basis if

medically necessary.

• Where both spouses are employed by the College, they are each entitled to 12

weeks of FMLA Leave for the birth and care of their newborn child or for the

care and placement with them of a child for adoption or foster care.

• Leave for the birth and care or placement and care of a child must conclude

within 12 months of the birth or placement of the child.

Eligibility

To be eligible for FMLA benefits, an employee must have been employed by William

James College for at least twelve (12) months and have worked for at least 1,250

hours during the 12-month period immediately preceding the start of the leave.

Periods of approved military leave will be counted when calculating these hours of

service requirements for FMLA leave.

Notice and Scheduling Requirements

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• Employees requesting maternity, paternity, or adoption leaves should provide

their supervisor with no less than 30-days-notice prior to the date on which the

leave is to begin – except in cases in which the date of a birth or adoption

placement requires the leave to begin earlier than the 30-day notice. In such

cases employees are expected to provide such notice as soon as practical.

• Employees requesting illness and/or injury leaves or leaves to care for seriously

ill family members should make a reasonable effort to schedule treatment so

as not to unduly disrupt department operations. Such leaves are also subject

to the approval of a health care provider. If at all practical, the employee should

provide at least 30 days-notice prior to the date on which the leave is to begin.

• An employee who is eligible for family medical leave and the reason for the

absence qualifies for family medical leave; the time will be attributed to family

medical leave. If the employee declines family medical leave coverage, the

absence will be designated as “unscheduled” in compliance with the

attendance policy.

• The Request for Leave of Absence should be submitted to the Payroll and

Benefits Office.

Failure to follow these notice requirements may delay or postpone the commencement

of the leave and/or result in disciplinary action. Please contact the Payroll and Benefits

Department for the applicable forms.

Notice to Employee

When an employee has proposed a leave, the Payroll and Benefits Department is

expected to notify the employee, in writing, that the College is provisionally

designating the leave as Family Medical Leave.

Certification by Healthcare Provider

If FMLA is based on a serious health condition, whether it involves the employee or a

family member (parent, spouse or child), medical certification from a health care

provider will be required. Failure to provide such certification may result in a delay of

the employee’s leave. Where the institution requires an employee to provide medical

certification, that certification must be provided within 20 calendar days of the

institution’s request. Please contact the Payroll and Benefits Department for available

medical certification forms. Employees should be aware that the institution may,

under certain circumstances, require recertification of a medical condition. In addition,

employees may be required to report on their intent to return to work. Whenever an

employee learns of a change in the anticipated length of leave, the employee must

notify the institution within two (2) business days of learning of such a change.

If a leave request is based on a qualifying exigency due to active duty service or a call

to active duty service, the employee may be required to provide a copy of the active

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duty order or other appropriate documentation, as well as certification and

documentation from the employee containing information supporting the qualifying

exigency. When leave is taken to care for a covered service member, the employee

may be required to provide certification from an authorized health care provider.

Employees using vacation, sick or personal time are prohibited from working either in

the workplace or at any other location, including employee’s home, whether for the

institution or otherwise. When returning to work from a leave taken because of the

employee’s own serious health condition, the employee will be required to provide a

return to work note from the treating physician prior to reporting back to the workplace.

Using Family Medical Leave Intermittently or on a Reduced Schedule

Employees may take leaves intermittently or on a reduced schedule because of a

serious or chronic health condition of their own, for a family member’s serious health

condition, or for Military Family Leave. Health care provider verification is needed

when using intermittent leave for a serious or chronic health condition. Intermittent

leave or leave on a reduced schedule for the birth and care or placement and care of

a child for adoption or foster care will be allowed only with the institution’s prior written

approval.

For an intermittent leave or a leave on a reduced schedule, there must be a medical

need for the leave – as distinguished from voluntary treatments and procedures –

such that the medical need can be best accommodated through an intermittent or

reduced-leave schedule. Employees needing such schedules must attempt to

schedule their leave so as to create minimum disruption to the department's or unit’s

operations. Only the amount of leave actually taken is counted toward the 12 weeks

of FMLA. Where an employee normally works an abbreviated or part-time schedule,

the amount of leave to which the employee is entitled is determined on a pro-rata

basis.

For example:

If an employee works 30 hours per week, he or she is entitled to a prorated total of 12

weeks of FMLA in a fiscal year [or 360 hours (30 x 12 = 360)]. If an employee works

20 hours per week, he or she is entitled to a prorated total of 12 weeks of FMLA in a

fiscal year [or 240 hours (20 x 12 = 240)].

Any intermittent leave or leave on a reduced schedule must be charged against the

total hours to which an employee is entitled in a given 12-month rolling period.

An employee may be temporarily transferred to an alternative position with equivalent

pay and benefits in order to accommodate better the recurring periods of planned

intermittent or reduced-schedule leaves.

Substituting Paid Leave

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When an employee takes FMLA leave because of the employee’s own serious

medical condition, the employee must substitute any unused vacation, sick time and

personal time for any (otherwise) unpaid FMLA leave. Employees will only be paid

for the time they have available not to exceed six (6) months or 132 consecutive work

days including the paid time off accrued. If the certification states that they must be

out longer for an approved medical reason, he/she may apply for Long Term Disability

or a Leave of Absence without pay.

Employees may use up to three (3) vacation or personal days in a calendar year for

approved leaves for reasons other than the employee’s own serious health condition

(paternity, adoption, foster care and care of a family member living in the same

household with a serious health condition). Employees may substitute unused

vacation for the balance of the leave. Once vacation is exhausted the remainder of

the leave will be unpaid.

The institution will designate an employee’s use of paid leave as FMLA leave based

on the information provided by the employee’s department or Company guidelines.

Paid leave that is substituted for unpaid leave will be counted toward the 12 weeks of

FMLA leave.

Benefits During Leave

During any FMLA leave, the institution will maintain the employee’s medical, dental,

vision and life insurance on the same conditions that coverage would have been

provided if the employee had been continuously employed during the entire leave

period. The College and the employee will each continue to pay their portion of the

benefit costs. The employee is required to send in bi-weekly payments equaling the

cost of their regular bi-weekly deduction for their benefits. Failure to maintain regular

payments, without authorization, could result in termination of benefits and initiation

of a COBRA event.

During a FMLA leave, vacation will continue to accrue only during that portion of the

leave that is paid by using vacation days. During any unpaid FMLA leave, vacation

will not accrue. For those individuals returning from any unpaid FMLA leave, accrual

of vacation will resume with the first payroll which follows or coincides with the date

the individual returns to active work.

Return from Leave

Normally employees returning from medical leave will be reinstated to the same or an

equivalent position, with equivalent pay, benefits and other terms and conditions of

employment. An employee who fails to return to work once all paid leave and unpaid

FMLA leave have been exhausted may face discipline, up to and including

termination. However, at times, departments may restructure due to changing

business and operational needs and the need to continually enhance programs and

services. These restructuring initiatives may result in position discontinuations, even

positions held by employees out on FMLA or other types of leave. If an employee on

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FMLA leave has his/her position discontinued, he/she will be given at least 30 days

written notice of the position discontinuation and will be informed of any applicable

benefits that he/she may be eligible to receive.

Employees returning from leave for a serious health condition must also provide

William James College with a certification from a health care provider documenting

their fitness to return to work. Employees who are unable to return to work at the end

of the leave should notify the College in writing at least two weeks in advance and

must have the physician re-certify that the leave is medically necessary. The Payroll

and Benefits Office contact the employee’s department to discuss alternatives prior to

taking any action if an employee is unable to return to work, has exhausted the 12

weeks of FMLA leave and/or is out of accrued time.

In addition, except as provided in this policy, an employee’s use of FMLA leave will

not result in the loss of any employment benefit that the employee earned before using

FMLA leave. Use of FMLA leave will not be counted against the employee under a

“no fault” attendance agreement.

Note: Under the FMLA, “key employees” may be excluded if restoring their job

would represent a grievous economic injury to the College. A “key employee”

is defined as an employee among the highest paid (10% of all employees of

the College).

Continuous Service Credit

Length of service accrual is continuous during the leave.

Other Leave Arrangements

The determination of whether an employee qualifies for FMLA leave will be made at

the time the leave is requested. If an employee is ineligible for leave under FMLA or

has exhausted his/her 12 weeks, the employee may be entitled to a leave of absence

under the established policies addressing leaves of absence or per State regulations.

Note that a leave of absence without pay is subject to the sole approval of the

department.

FMLA runs concurrently with benefits provided by the institution’s Worker’s

Compensation Program.

Definitions

For the purposes of this Family and Medical Leave Policy, please refer to the

definitions below.

Employee means a person employed by the College on a full-time, part-time or

temporary basis.

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Serious Health Condition means an illness, injury, impairment, or a physical or

mental condition resulting in either:

• Inpatient care in a hospital, hospice or residential medical care facility; or

• Continuing treatment by a health care provider.

Continuing Treatments means in broad terms:

• A period of in-capacity (i.e. inability to work, attend school or perform other

regular daily activities due to a serious health condition, treatment thereof, or

recovery there from) of not more than three (3) consecutive calendar days (and

any subsequent treatment or period of incapacity involving the same condition)

involving treatment two (2) or more times by a health care provider (within 30

days of the incapacity) or treatment by a healthcare provider on at least one

occasion that results in a regimen of continuing treatment under the health care

provider’s supervision.

• Any period of incapacity due to pregnancy or prenatal care.

• Any period of incapacity or treatment for such incapacity due to a chronic

serious health condition that requires periodic visits for treatment by a health

care provider; continues over an extended period of time; and may cause

episodic rather than continuing incapacity (e.g. asthma, diabetes, epilepsy,

etc.)

• A period of incapacity that is permanent or long-term due to a condition for

which treatment may not be effective (e.g. Alzheimer’s, severe stroke, terminal

stages of a disease);

• Any period of absence to receive multiple treatments by a health care provider

either for restorative surgery after an accident or injury or for a condition that

would likely result in a period of incapacity of more than three (3) consecutive

calendar days in the absence of medical intervention or treatment (e.g.

chemotherapy for cancer, physical therapy for severe arthritis, or dialysis for

kidney disease).

Note: A chronic health condition also qualifies as a serious health condition

even if an employee or family member does not receive treatment and if it

does not last three days (for example: asthma or severe morning sickness).

Caution: Unless complications arise, ailments such as the common cold,

the flu, ear aches, upset stomachs, minor ulcers, and headaches (other than

migraines) are not considered as serious health conditions and do not

qualify for FMLA.

Parent means the biological parent of an employee or an individual who stands or

stood in the place of a parent to an employee when the employee was a child.

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Child means a biological, adopted or foster child, a stepchild, a legal ward or a

child of a person standing in the place of a parent, who is under 18 years of age

or 18 years of age or older and incapable of self-care because of mental or physical

disability.

Spouse means a husband or wife as defined by Massachusetts state law.

Next of Kin means nearest blood relative.

Covered Service Member means a member of the United States armed forces,

National Guard or Reserves.

Eligible Employee for Military Medical Leave means spouse, son, daughter, parent

or next of kin of covered service member.

Serious Injury or Illness means an injury or illness incurred by a covered service

member in the line of duty on active duty that may render him or her unfit to perform

the duties of his or her office, grade, rank or rating.

Intermittent Leave means leave taken in separate blocks of time due to a single

illness or injury as opposed to a leave taken in one continuous period of time.

“Intermittent leaves may be taken in hours, days or weeks.

Health Care Provider means a physician, dentist, podiatrist, clinical psychologist

or optometrist who is authorized to practice medicine or surgery in the state in

which the individual practices his/her profession. In cases limited to treatment

consisting of manual manipulation of the spine to correct a subluxation, medical

certification may be provided by a chiropractor. Nurse practitioners and nurse-

midwives who are authorized and are performing under the scope of their practice

as defined under state law; clinical social workers; and Christian Science

practitioners listed with the First Church of Christ, Scientist in Boston,

Massachusetts (any additional certification may be required). Also included in this

category are health care providers who practice outside of the United States and

any other health care providers from whom the College group health care benefits

Associate Director will accept as certified for treating serious health conditions that

warrant benefit claims.

Reduced-leave Schedule means that an employee’s regularly scheduled number

of working hours per week or per day may be reduced.

Continuing Treatment by Health Care Provider means a serious health condition

involving continuing treatment by a health care provider who must provide:

• Treatment two or more times, or treatment on at least one occasion that results

in a regimen of continuing treatments under the health care provider's

supervision.

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• Pregnancy or prenatal care. This treatment qualifies the employee even if she

does not receive treatment and even if her care does not last three days.

• Treatment for a chronic health condition that requires periodic visits for

treatment, treatment that continues over an extended period of time, or

treatment for episodic rather than continuing incapacities (for example: asthma,

diabetes, and epilepsy).

• Treatment for a permanent or long-term condition for which such treatment may

not be effective (for example: Alzheimer's, severe stroke, or the terminal stages

of a disease).

• Treatment either for restorative surgery after an accident or injury or for a

condition that would likely result in incapacity of three or more days if not treated

(for example: cancer, severe arthritis, or kidney disease).

• Treatment for allergies or mental illnesses resulting from stress (but only if

these conditions meet all of the other criteria of a serious health condition).

• Treatment for substance abuse. (Note: absences due to an employee’s use of

a substance rather than treatment for addiction do not qualify for FMLA).

Military Leave

The Uniformed Services Employment and Re-employment Rights Act (“USERRA”)

provides employment and re-employment rights to employees who leave their jobs,

voluntarily or involuntarily, to serve in the military, including Reserve and National Guard

service. In accordance with the Veterans Benefits Improvement Act of 2004, William

James College will provide notice of the rights, benefits, and obligations to all persons

entitled to rights and benefits under USERRA.

In accordance with USERRA, William James College will grant a military leave of absence

to employees who are absent from work because of service in the United States

uniformed services. Employees are allowed up to 5 years of cumulative military leave.

Employees must give the institution advance notice of military leave unless military

necessity prevents such notice.

Military leave will be unpaid. Employees may, however, elect to use any available paid

time off, such as vacation, for the absence.

William James may fill any vacancies while employees are on military leave.

An employee on military leave for less than 30 days is required to return to work for the

first regularly scheduled shift after the end of his/her service, allowing for reasonable

travel time. Employees on longer military leave must apply for reinstatement in

accordance with USERRA and applicable state law.

All employees returning from military leave will be promptly rehired either to the position

they would have attained had they remained continuously employed by the institution or

to a comparable position depending on the length of military service in accordance with

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USERRA. William James College is excused from rehiring returning service members,

or from accommodating those who sustained disabilities during service, when the

difficulty or expense would cause undue hardship. The College is not obligated to

reinstate temporary employees or workers whose terms would have expired during leave.

William James College will reinstate service members without any loss of seniority or

benefits and all employees will be treated as if they had been continuously employed in

terms of the determination of benefits. On return from service, a service member’s group

health insurance coverage will be reinstated without any waiting period or exclusions for

preexisting conditions, other than those that would have applied even if there had been

no absence for uniformed service. If the health plan coverage of a service member or

his/her family members would terminate on account of an absence due to uniformed

service, USERRA permits the service member to elect to continue the health plan

coverage for up to 24 months after the absence begins, or the period of service, whichever

is shorter.

Maternity/Paternity Leave

Full time employees at William James College are eligible for an unpaid

maternity/paternity leave upon successful completion of three months of employment.

Eligible employees are entitled to a leave of up to eight (8) weeks for giving birth to a

child, adopting a child under age 18 or adopting a person under age 2.

Small Necessities Leave

The College also provides eligible employees with leave as governed by the Massachusetts

Small Necessities Leave Act (“SNLA”), Gen. Laws c. 149, § 52D.

Eligibility

Eligible employees may be entitled to take up to twenty-four (24) hours of unpaid leave

during any rolling twelve (12)-month period for any of the following purposes:

• Accompanying a son or daughter (defined as a biological, adopted or foster

child, stepchild, or legal ward under the age of 18 or, if 18 and older, incapable

of self-care) to routine health care appointments, including medical and dental

appointments;

• Participation in school activities of a son or daughter as long as those activities

are directly related to the educational advancement of the child (e.g., parent-

teacher conferences, interviews for a new school);

• Accompanying an elderly relative (defined as an individual at least sixty (60)

years of age related to the employee by blood or marriage) to routine health

care appointments, including medical and dental visits;

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• Accompanying an elderly relative to an appointment for professional services

related to the individual’s care, such as interviewing for a nursing home or

group care facility.

Generally, an employee who has been employed by William James College for at least

twelve (12) months and has worked at least 1,250 hours during the twelve month period

immediately prior to the commencement of the leave is eligible for SNLA leave for any of

the purposes listed above.

Length of Leave

An employee may take up to twenty-four (24) hours of SNLA leave within any rolling twelve

(12) month period, measured backward from the date any leave is used. SNLA leave may

be taken in half-day increments, up to the maximum amount of leave time available.

Notice and Scheduling of Leave

In the event of foreseeable leave, employees are expected to submit a written request for

leave forty-eight (48) hours prior to the anticipated commencement of the leave. Where

leave is not foreseeable, notice must be given as soon as is practicable, but not less than

one day prior to the leave.

An employee may be required to submit a certification form from the health care provider or

administrator visited during the leave. It is the employee’s responsibility to ensure that the

certification form is completed and returned to the Payroll and Benefits office. If an

employee fails to obtain the appropriate medical certification of the need for the leave, the

institution reserves the right to refuse to SNLA leave or to refuse to allow an employee to

remain on SNLA leave.

Coordination with Available Paid Leave Time

Employees are required to use paid vacation or personal time off, if available, during the

time taken for SNLA leave. Any paid time off used is exhausted simultaneously with an

employee’s entitlement to SNLA leave. If the employee has no paid time off available, then

the leave will be unpaid.

Domestic Violence Leave

If you or your family member is a victim of domestic violence or abusive behavior, William

James College encourages you to communicate with the Director of Human Resources

about the situation and your ability to take domestic violence leave.

An employee may take up to a maximum of 15 days of leave within a 12 month period, if

either the employee or their family member as described below is:

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• the victim of abuse or abusive behavior (such as domestic violence, stalking,

sexual assault, or kidnapping);

• seeking medical attention, counseling, housing, legal or other victim services

directly related to the abusive behavior against the employee or family member

of the employee.

For the purposes of this domestic violence leave policy, a “family member” includes not

only legally married spouses but also:

• Persons "in a substantive dating or engagement relationship" AND who reside

together;

• Persons having a child in common regardless of whether they have ever

married or resided together;

• A parent, step-parent, child, step-child, sibling, grandparent or grandchild; or

• Persons in a guardianship relationship.

For the purposes of this domestic violence leave policy, “abuse” means:

• attempting to cause or causing physical harm;

• placing another in fear of imminent serious physical harm;

• causing another to engage involuntarily in sexual relations by force, threat or

duress or engaging or threatening to engage in sexual activity with a dependent

child;

• engaging in mental abuse, which includes threats, intimidation or acts designed

to induce terror;

• depriving another of medical care, housing, food or other necessities of life; or

• restraining the liberty of another.

For the purposes of this domestic violence leave policy, “domestic violence” is abuse

against an employee or the employee’s family member by:

• a current or former spouse of the employee or the employee’s family member;

• a person with whom the employee or the employee’s family member shares a

child in common;

• a person who is cohabitating with or has cohabitated with the employee or the

employee’s family member;

• a person who is related by blood or marriage to the employee; or

• a person with whom the employee or employee’s family member has or had a

dating or engagement relationship.

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Although domestic violence leave is unpaid, the institution requires that employees use

available paid vacation, sick and personal benefits, to the extent they are available. If no

accrued time is available, leave under this policy will be unpaid.

William James College requests that you provide appropriate advance notice of this

leave, unless there is an imminent danger to your immediate health and safety (in which

case - you must provide notification within 3 workdays that the leave was taken or is being

taken for reasons covered by this policy).

In the event that you take domestic violence leave, please provide documentation

evidencing that you or your family member has been a victim of domestic violence or

abusive behavior within 30 days (reasonable amount of time) of the leave request. Such

forms of documentation may include:

• a court-issued protective order;

• an official document from a court, provider or public agency;

• a police report or statement of a victim or witness provided to the police;

• official legal documentation attesting to perpetrator’s guilt;

• medical documentation of treatment for the abusive behavior;

• a sworn statement from the employee attesting to being a victim of abusive

behavior; and/or

• A sworn statement from a professional who has assisted the employee or the

employee's family, for example, a counselor, a social worker or a member of

the clergy.

Provided you have submitted proper documentation, your employment is protected for

leave taken under this policy.

All documentation provided to William James College will be kept confidential and will not

be disclosed except if requested to or consented, in writing, by the employee, or ordered

to be released by a court or otherwise required by applicable state or federal law.

Additionally, the institution may retain this documentation for only as long as is required

for it to determine the employee’s eligibility for domestic violence leave.

Under state law, perpetrators of domestic violence are not entitled to leave under this

policy.

Bereavement Leave

William James College will allow employees up to a maximum of three (3) days for

absences due to the death of an immediate family member. An immediate family member

under this policy includes the employee's current spouse, domestic partner, children, step

children, children for which the employee is the legal guardian, grandchildren,

grandparent, parent, step-parent, parent-in-law, brother/sister-in-law, brother, sister.

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Bereavement days must be taken consecutively. Such bereavement days will include

only the days on which an employee would be regularly scheduled to work. The College

may request evidence of death (i.e. obituary) to substantiate the need for a bereavement

leave to be fair to all employees. If additional time off is needed, it may be approved, but

will be unpaid.

If attending the funeral of an extended family member or friend, employees must use

Vacation or Personal Time.

Jury Duty Leave

Employees who are called for and serve jury duty shall be allowed time off to complete

this civic responsibility provided that they notify their Supervisor as soon as possible and

that they bring in a copy of the official notification that they have received to verify such

duty. Once you have provided the institution with verification of your notice to serve, you

will be entitled to a maximum of one week's base pay while on jury duty, unless additional

pay is required by applicable law. This pay shall be at your regular rate of pay and offset

by any compensation received by the court system. Jury duty is not considered time

worked for overtime purposes.

Unpaid Personal Leaves of Absence

Occasionally, for medical, personal, or other reasons, you may need to be temporarily

absent, but may not be eligible for Family and Medical Leave and may not wish to submit

your resignation. Under certain circumstances, you may be eligible for an unpaid

personal leave of absence.

In special circumstances, William James College may grant a leave for a personal reason,

but never for taking employment elsewhere or going into business for yourself. You

should request an unpaid personal leave of absence from your manager. An unpaid

personal leave of absence must not interfere with the operations of your department or

the institution. Your manager will submit your request to the appropriate individuals and

Director of Human Resources for final approval. Please understand, however, that

reinstatement to your same or any equivalent position cannot be guaranteed.

A personal unpaid leave of absence may be granted for up to 30 days. Vacation and

other benefits will not accrue during unpaid personal leave and insurance premiums will

not be paid by the company. Failure to return from a leave at the time agreed will be

considered a voluntary resignation.

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COMPUTER AND EMAIL SYSTEMS: ACCEPTABLE USAGE

William James College provides all employees access to a wide variety of computing and

other electronic and technical resources, including computer networks, software

products, and email. All computers, computer files, software, and the email system

furnished to employees are the property of the institution and these resources exist to

support and facilitate our business. The use of these resources should be limited to work-

related purposes. Every employee who uses the College’s computers, software and

email system is responsible for ensuring that all communications and usage are

professional, businesslike and in the interest of the institution. Employees should not use

a password, access a file, or retrieve any stored communication without authorization. To

ensure compliance with this policy, computer and email usage may be monitored.

You should also be aware that communications on these systems may be transmitted to

and stored in several different computers on the way to their destinations. Many people,

within William James College and in the outside world, may be able to read your email

and other documents on the system. Accordingly, before sending outside email, consider

whether the matter is so confidential or sensitive that it should not be transmitted

electronically without permission, encryption or both.

Similarly, you should be aware that, if you make use of the system for personal

communications or to store personal files despite the institution’s prohibition on such

activity, you cannot expect them to be private. In addition, it may become necessary for

the College, in the course of its legitimate business activities, to access documents and

information contained within the system. Accordingly, William James College reserves

the right to access email or other documents produced or stored on its computers or disks

when it determines, in its sole discretion, it has a legitimate business purpose for doing

so.

You will create unique passwords to the computer and email system. William James

College reserves the right to bypass such passwords and access the system in its sole

discretion. At the same time, the institution strongly recommends that you keep your

passwords secret from other employees as well as from third parties.

William James College strives to maintain a workplace free of harassment and

discrimination. Therefore, you are not permitted to use the institution’s computer or email

systems to create or send messages of a harassing, discriminatory, abusive nature, or

messages that are otherwise prohibited by law or the College’s policy.

William James College purchases and licenses the use of various computer software for

business purposes and does not own the copyright to this software or its related

documentation. Unless authorized by the software developer, the College does not have

the right to reproduce such software for use on more than one computer.

Employees may only use software on local area networks or on multiple machines

according to the software license agreement. William James College prohibits the illegal

duplication of software and its related documentation.

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Employees may not: degrade any system in any way, such that access to the system by

other users is prevented; use another employee’s computer or email account (including

accessing or intercepting email or accessing documents stored by other employees)

without the explicit permission of that individual or the institution; tamper with the

operation of the College’s computer systems (i.e., all hardware) or software programs;

inspect, modify or copy programs or data without the authorization of William James

College; allow people outside of the institution access to the computer or email system

without the explicit permission of William James College; or remove computer equipment

from the campus without prior authorization.

Abuse of the computer or email system provided by William James College in violation of

law or policies will result in disciplinary action, up to and including termination of

employment. Employees may also be held personally liable for any violations of this

policy.

Employees should notify their immediate supervisor, the Director of Human Resources or

any member of management upon learning of violations of this policy.

Internet Usage Guidelines

Internet access to global electronic information resources on the worldwide web is

provided by William James College to assist employees in obtaining work-related data

and technology. The following guidelines have been established to help ensure

responsible and productive internet usage. While Internet usage is intended for job-

related activities, incidental and occasional brief personal use is permitted within

reasonable limits.

All internet data that is composed, transmitted, or received via our computer

communications systems is considered to be part of the official records of William James

College and, as such, is subject to disclosure to law enforcement or other third parties.

Consequently, employees should always ensure that the business information contained

in internet email messages and other transmissions is accurate, appropriate, ethical, and

lawful.

The equipment, services, and technology provided to access the internet remain at all

times the property of William James College. As such, the institution reserves the right

to monitor internet traffic, and retrieve and read any data composed, sent, or received

through our online connections and stored in our computer systems.

Data that is composed, transmitted, accessed, or received via the internet must not

contain content that could be considered discriminatory, harassing, or abusive to a

reasonable person.

Furthermore, some material circulating the internet, such as child pornography, is illegal.

Accordingly, you must never use the institution’s system to download or access illegal

content. In addition, some material circulating on the internet is copyrighted or otherwise

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illegally distributed. It is illegal to make or distribute copies without a license from the

or access copyrighted or otherwise illegally distributed material.

Moreover, some material circulating on the internet could damage the institution’s computer

system or interfere with others’ use of it. Such material includes, but is not limited to, viruses

and extremely large files consuming large amounts of memory, such as those containing

graphics or animation. Accordingly, you should use caution and consideration when

downloading internet materials.

Finally, be aware that delivery of internet email is not guaranteed. Not only can mail be lost

or corrupted in transmission, but an error in even one character in an internet address may

prevent delivery or cause a document to be delivered to an unintended recipient.

Accordingly, in conducting company business by email, use the following rules of common

sense:

• use internet email for William James College business only when the content

is plainly not so confidential that interception would be harmful to the College;

• when guaranteed, on-time delivery is important, use mail, overnight mail or fax;

do not rely exclusively on internet email; and

• when you send a message by internet email, do not assume that it will be

received in a short time or even at all.

Abuse of the internet access provided by the College in violation of law or policies will result

in disciplinary action, up to and including termination of employment. Employees may also

be held personally liable for any violations of this policy.

Employees should notify their immediate supervisor, the Director of Human Resources or

any member of management upon learning of violations of this policy.

Phone and Mail System Use

Personal phone calls via cellular phone and office phone should be kept to a minimum

during working hours as well as emails.

The use of the College’s paid postage for personal correspondence is not permitted.

To ensure effective telephone communications, employees should always use a

professional greeting and speak in a courteous and professional manner. Please

confirm information received from the caller, and hang up only after the caller has done

so.

Workplace Monitoring

Computers furnished to employees are the property of William James College. As such,

computer usage and files may be monitored or accessed.

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Social Media Guidelines

William James College believes in the free and open exchange of information and ideas

and that social media can play an important role in getting the word out about the

College, its programs and its values. The institution also sees the ultimate goal of

engaging in social media as a way to enhance its image and reputation through

respectful, consistent, and honest commentary and conversation online and has

established these guidelines:

• Be transparent. Use your real name, identify that you are affiliated with William

James College and what your role is. Provide your own unique and individual

perspective. Use a disclaimer when appropriate.

• Never represent yourself or William James College in a false or misleading way.

All statements must be true and not misleading; all claims must be substantiated.

If you make a mistake, admit it. Be upfront and be quick with your correction.

• Be respectful. As a William James College employee or representative, you

should be mindful of the institution’s public mission as a forum for thoughtful

discussion of opposing ideas. Some online communities can be volatile,

tempting users to behave in ways they otherwise wouldn’t. Your reputation and

that of the institution’s are best served when you remain above the fray.

• Create a conversation and participate. Post meaningful, respectful comments.

Stick to your area of expertise and do feel free to provide unique, individual

perspectives on non-confidential activities at the College.

• Do not discuss financial or proprietary information of William James College,

unless specifically authorized to do so by senior management.

• For advice, contact the institution’s spokespeople, including the Associate

Director or the Director of Marketing and Communications.

• Be sensitive to the expectations of existing users of the specific site. If you add a

presence, be aware that you are joining their site rather than the opposite.

• Use common sense and common courtesy. Always act respectfully towards all

people. Always consider others’ privacy and avoid discussing topics that may be

inflammatory, e.g. politics and religion.

• Ethical conduct. Do not violate the College's privacy policies or code of conduct.

Do not violate national, state or copyright laws.

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• The use of social media is inappropriate in the clinical context. Clinicians and

clinicians in training do not discuss patients or patient information in any way

over social media. Doing so constitutes a HIPAA violation as well as an ethical

violation for failure to safeguard confidentiality.

• E-mail is not a secure HIPAA compliant modality to discuss students, clients or

other individual services.

• Students and faculty are asked to visit their Facebook and other similar sites’

landing page and make certain that they present themselves in a dignified and

professional manner. Outside individuals may visit their sites to learn more

about the institution.

William James College Brand Guidelines

• Do not discuss competitors or partners without their prior approval. Do not,

without consent, name or tag other people on photos, places or in blog posts.

• Never participate in social media when the topic being discussed may be

considered a crisis situation. Refer all social media activity around crisis topics

to the Associate Director and Director of Marketing and Communications.

• Activity on social media channels during office hours must complement and/or

support your role at William James College. Keep it work-related and don’t let

it take focus from your primary responsibilities.

• Do not start social media accounts on the institution’s behalf or use the brand

unless you have authority to do so. This includes claiming Places on geo-

location services, such as Facebook or Foursquare.

• Do not upload images or videos to any social network without permission.

• If you find negative and potentially damaging blog posts, Facebook groups,

tweets or other posted material about William James College, please report to

the Director or Associate Director of Marketing and Communications.

• Be aware that all material uploaded, shared, blogged and commented online is

potentially there forever and always accessible through search engines. The

information you share even on closed networks can also run the risk of being

disclosed to third parties.

Special Note: If a reporter, editor, or producer from the mainstream media

contacts you about William James College through social media, refer

him/her to the Associate Director or Director of Marketing and

Communications.

Personal Site Guidelines

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• Be authentic. Be honest about your identity. In personal posts, you may identify

yourself as a William James College faculty or staff member, but please be

clear that you are sharing your personal views, not representing the College.

• A common practice among individuals who write about the industry in which

they work is to include a disclaimer on their site, usually on their “About Me”

page. If you discuss higher education on your own social media site, we

suggest you include a sentence similar to this: “The views expressed on this

[blog, website] are mine alone and do not necessarily reflect the views of

William James College.”

• Don’t be a mole. Never pretend to be someone else and post about William

James College. Tracking tools enable supposedly anonymous posts to be

traced back to their authors. There have been several high-profile and

embarrassing cases of company executives anonymously posting about their

own organizations.

• Take the high ground. If you identify your affiliation with William James College

in your comments, readers will associate you with the College, even with the

disclaimer that your views are your own. Remember that you’re most likely to

build a high-quality following if you discuss ideas and situations civilly.

• Be aware of liability. You are legally liable for what you post on your own site

and on the sites of others. Individual bloggers have been held liable for

commentary deemed to be proprietary, copyrighted, defamatory, libelous or

obscene (as defined by the courts). Employers are increasingly conducting web

searches on job candidates before extending offers. Be sure that what you post

today will not come back to haunt you.

• Don’t use the institution’s logo or make endorsements. Do not use the

institution’s logo, or any other College marks or images, on your personal online

sites. Do not use the William James College name to promote or endorse any

product, cause, or political party or candidate.

• Protect your identity. While you want to be honest about yourself, don’t provide

personal information that scam artists or identity thieves could use against you.

Don’t list your home address or telephone number or your work telephone or

e-mail address. It is a good idea to create a separate e-mail address that is

used only with your social media site.

• Follow a code of ethics. There are numerous codes of ethics for bloggers and

other active participants in social media, all of which will help you participate

responsibly in online communities. If you have your own social media site, you

may wish to post your own code of ethics or adapt an existing code already on

the web. Monitor comments. Most people who maintain social media sites

welcome comments—it builds credibility and community. However, you can set

your site so that you can review and approve comments before they appear.

This allows you to respond in a timely way to comments. It also allows you to

delete spam comments and to block any individuals who repeatedly post

offensive or frivolous comments.

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GENERAL COMPUTER/AUDIO VISUAL/TECHNOLOGY EQUIPMENT POLICIES

William James College provides electronic equipment including desktop and portable

computing devices, smart phones, and various audio/visual equipment and accessories

for use in the classroom and for administrative purposes. All equipment is purchased and

maintained regularly by authorized staff. Equipment may be lent or assigned to authorized

users, or be stored on campus to allow easy access for the College community.

Equipment is evaluated during maintenance to determine whether an

upgrade/replacement is needed to assure the functionality of the equipment.

Lending and Usage Policy

1. William James College equipment should only be used for the institution’s

administrative or academic purposes and should not be used for personal business

or financial gain.

2. Equipment should not be used for any illegal activities or activities not sanctioned

by William James College, such as activities including, but not limited to, using

equipment for harassment or non-professional behavior.

3. Equipment should not be tampered with, modified, or enhanced, except by

authorized staff. Unplugging, detaching, removing, disassembling, or relocating

any equipment without authorization or by unauthorized staff is a serious offense

and may result in loss of equipment privileges.

4. When borrowing William James College equipment, the borrower is responsible

for equipment that she/he has used. Any damage to the equipment or problems

with its use must be reported immediately to the IT Office. Borrowers will be

financially responsible for damage due to improper use or mishandling, and will be

billed for repairs necessitated by such use. It is the borrower's responsibility to

make sure she/he knows how to use the equipment properly.

5. Equipment is available on a first come, first serve basis. Reservation in advance is

possible by contacting the IT Helpdesk.

6. When any equipment is assigned to a William James College community member

as a long term/permanent assignment, the owner of the institution’s equipment

must schedule a maintenance appointment with the IT Helpdesk at least once

every 3-6 months, or by request to the Helpdesk Staff.

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Policy Against Discrimination, Discriminatory Harassment and Retaliation

Prohibited Conduct

The Policy prohibits all conditions and all actions or omissions, including all acts of

discrimination, discriminatory harassment and retaliation, which deny or have the

effect of denying to any person their rights to equity and security on the basis of their

membership in or association with a member(s) of any protected class.

The prohibited conduct contained in this Policy shall apply to and be enforced against

all members of the William James College community, including, but not limited to,

faculty, administrators, staff, students, vendors, contractors and all others having

dealings with the institution.

Examples of discrimination, all of which are prohibited by this Policy, include, but are

not limited to:

• Differences in terms, conditions and privileges of employment (including, but

not limited to hiring, promotion, reassignment, termination, salary, salary

increases, discipline, granting of tenure, selection for awards, etc.) on a

prohibited basis.

• Unlawful disparity of treatment in educational programs and related support

services on the basis of membership in a protected class.

• Differences in salaries or other benefits that are paid to one or more men or

women if the differences are not based on a bona fide occupational

qualification.

• Developing position descriptions or qualifications, which, without lawful

justification, that are so specific as to have a disparate exclusionary impact on

a group of individuals because of their membership in a protected class.

• Limiting access to housing, or participation in athletic, social, cultural or other

activities to students because of membership in a protected class not based on

a bona fide requirement or distinction.

• Failing or refusing to hire or promote a person because of their age.

• Classifying a position or positions as unsuitable for persons of certain religions.

• Excluding members of a certain race or national origin from a category of

positions or from a department or division.

• Restricting the number of veterans or qualified persons with disabilities in a

category of positions or in a department or division.

• Using information on marital or parental status for employment decisions where

the use of such information has a disparate impact on persons of one gender

or sexual orientation.

• Advising students of similar interests and backgrounds differently because of

their gender or gender identity.

• Forcing female students to sit in the back of the class on the stereotyped

assumption that each of them has a lower aptitude for learning that particular

subject than male students.

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• Placing unreasonable expectations upon students of particular races or

national origins on the basis of stereotyped assumptions that members of those

protected classes have a better aptitude for certain academic subjects than

students not of those races or national origins.

Examples of discriminatory harassment, all of which are prohibited by this Policy,

include, but are not limited to:

• Physically harassing another individual or group because of that person’s or

persons’ membership in a protected class by assaulting, touching, patting,

pinching, grabbing, staring, leering at them, making lewd gestures, invading

their personal space, blocking their normal movement, or other physical

interference.

• Encouraging others to physically or verbally abuse an individual (or group of

individuals) because of that person or persons’ membership in a protected

class.

• Threatening to harm an individual or group 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, magazines,

written articles or stories, screensavers, or electronic communications, to an

individual or group because of that person or persons’ membership in a

protected class.

Examples of retaliation, all of which are prohibited by this Policy, include, but are not

limited to:

• Terminating an employee for stating an intention to file a complaint of

discrimination or for assisting another employee in filing a discrimination

complaint.

• Refusing to hire an employee because employee pursued an age

discrimination charge against a former employer.

• Denying a promotion to an employee for complaining about alleged sexual

orientation harassment.

• Refusing tenure to a faculty member for filing a complaint of sexual harassment

pursuant to the Complaint Investigation and Resolution Procedures.

• Issuing an unjustified negative evaluation to an employee for testifying in a legal

proceeding concerning a complaint of discrimination or harassment.

• Assigning a student an unearned poor grade for requesting a reasonable

academic accommodation based on religion.

• Assigning a student an unearned failing grade for cooperating with an internal

investigation of alleged discriminatory practices or a complaint of discrimination

or harassment.

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• Refusing to admit a student for requesting a reasonable accommodation based

on disability in the admission process.

Members of the academic community should not assume that any of the forms of

speech described above are protected by the principles of academic freedom or the

First Amendment to the United States Constitution.

Conduct That is Not Prohibited

William James College is committed to protecting, maintaining and encouraging both

freedom of expression and full academic freedom of inquiry, teaching, service, and

research. Nothing in this Policy shall be construed to penalize a member of our

community for expressing an opinion, theory, or idea in the course of responsible

teaching and learning.

Complaint Investigation and Resolution Procedures

William James College has established specific Complaint Investigation and

Resolution Procedures to review and resolve allegations of discrimination,

discriminatory harassment and retaliation on its campus. Any member of the

College’s community or any applicant for admission or employment who believes that

he/she has been a victim of such conduct in violation of this Policy may initiate a

complaint as outlined in these procedures.

Duty to Cooperate

Every faculty member, administrator, staff member and employee has a duty to

cooperate fully and unconditionally in an investigation conducted pursuant to the

Complaint Investigation and Resolution Procedures. This duty includes, among other

things, speaking with the EO Officer, Administrative Investigator, reviewing or

appellate body, and voluntarily providing all documentation that relates to the claim

being investigated. The failure and/or refusal of any employee to cooperate in an

investigation may result in a separate disciplinary action up to and including

termination.

Duty to Report Discrimination, Discriminatory Harassment or Retaliation

No member of the William James College community, including a faculty member, can

ignore a report of discrimination, discriminatory harassment or retaliation. He/she

should provide the reporter as much assistance in bringing it to the attention of the EO

Officer as is reasonably appropriate given his/her position and relationship with the

reporter.

In terms of reports of discrimination, discriminatory harassment or retaliation, any

trustee, administrator, department chair, program coordinator, manager or supervisor

who receives such a complaint from a student or other member of the William James

College community is obligated to report the complaint to the EO Officer as soon as

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he/she becomes aware of it. Likewise, any member of the William James College

community is encouraged to report to the EO Officer any conduct of which they have

direct knowledge and which they in good faith believe constitutes discrimination,

discriminatory harassment or retaliation in violation of this Policy.

Any member of the William James College community who has a question about

his/her responsibilities under this Policy should contact the EO Officer.

False Charges

Filing a false charge of discrimination, discriminatory harassment or retaliation is a

serious offense. If an investigation reveals that a person knowingly filed false charges,

the College may take appropriate actions and issue sanctions, up to and including

termination or expulsion, pursuant to other applicable institutional policies. The

imposition of such sanctions does not constitute retaliation under this Plan.

Consensual Relationships

William James College does not intrude upon private choices regarding personal

relationships when these relationships do not violate the institution’s policies, or cause

harm or increase the risk of harm to the safety and wellbeing of members of the

campus community. Consensual romantic and/or sexual relationships in which one

party retains a direct supervisory or evaluative role over the other party are unethical

and create a risk for real or perceived coercion.

Faculty/Administrator/Staff Member Relationships with Students

A romantic and/or sexual relationship, consensual or otherwise, between a faculty

member, administrator or staff member and a student is looked upon with disfavor

and is strongly discouraged. No faculty member shall have a romantic and/or

sexual relationship, consensual or otherwise, with a student who is being taught

or advised by the faculty member or whose academic work is being supervised or

evaluated, directly or indirectly, by the faculty member. No administrator or staff

member shall have a romantic and/or sexual relationship, consensual or

otherwise, with a student who the administrator or staff member supervises,

evaluates, advises, or provides other professional advice or services as part of an

institution program or activity.

Relationships Between Supervisors and Subordinates or Between Co-Workers

A consenting romantic and/or sexual relationship between a supervisor and

subordinate or co-workers may interfere with or impair the performance of

professional duties and responsibilities and/or create an appearance of bias or

favoritism. Further, such relationships could implicate state ethics laws and/or

result in claims of sexual harassment, discrimination, gender-based misconduct

or retaliation. Therefore, such workplace relationships are strongly discouraged.

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Retaliatory Action Prohibited

William James College prohibits retaliatory action against persons who file claims,

complaints or charges under its Complaint Investigation and Resolution Procedures,

under applicable local, state or federal non-discrimination statutes, who are suspected

of having filed such claims, complaints or charges, who have assisted or participated

in an investigation or resolution of such claims, complaints or charges, or who have

protested practices alleged to be volatile of the non-discrimination policy of the

institution, or of local, state or federal non-discrimination regulations or statutes. Such

retaliation is cognizable under the Institutional Complaint Investigation and Resolution

Procedures as well as under state and federal law. Retaliation, even in the absence

of provable discrimination in the original complaint, charge or allegation, constitutes a

violation as serious as proved discrimination under the original claim, complaint,

charge or allegation. Any person who believes he/she has been retaliated against in

this manner is encouraged to immediately file a claim or complaint under the

institution’s Complaint Investigation and Resolution Procedures.

Other Administrative Options

It is the intent of the institution to actively respond to all claims/complaints of

discrimination with the hope that it can fully, quickly and adequately resolve them

internally. William James College also recognizes the right of all complainants to file

charges of unlawful discrimination with the appropriate federal, state or local agency

with or without first pursuing a resolution of the claim/complaint through the

institution’s Discrimination Complaint Procedures. These agencies include:

U.S. Department of Education

Office for Civil Rights

33 Arch Street, 9th Floor

Boston, MA 02119-1424

Telephone: (617) 289-01111

TDD: 877-521-2172

Email: [email protected]

Equal Employment Opportunity

Commission

John F. Kennedy Federal Building

475 Government Center

Boston, MA 02203

1-800-669-4000

TTY: 1-800-669-6820

Mass. Commission Against

Discrimination

One Ashburton Place

Rm. 601

Boston, MA 02108

(617) 727-3990

Mass. Commission Against

Discrimination

Worcester City Hall

455 Main Street, Room 101

Worcester, MA 01608

(508) 799-8010

Mass. Commission Against

Discrimination

424 Dwight Street

Rm. 220

Springfield, MA 01103

(413) 739-2145

Mass. Commission Against

Discrimination

800 Purchase St., Rm 501

New Bedford, MA 02740

(508) 990-2390

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Title IX Policy**

William James College is committed to maintaining a safe and healthy environment that

is free from all forms of sexual violence, sexual harassment, gender-based harassment,

domestic violence, dating violence, stalking and retaliation. Consistent with this

commitment, the institution complies with Title IX of the Higher Education Amendment of

1972, which prohibits discrimination and harassment on the basis of sex in education

programs and activities. William James College does not discriminate on the basis of sex

in admission to or employment in its education programs and activities.

This Policy prohibits all forms of sexual violence, sexual harassment, gender-based

harassment, domestic violence, dating violence, stalking and retaliation. These behaviors

are antithetical to the institution’s educational mission and will not be tolerated by William

James College, and the institution commits itself to the elimination, prevention and

remediation of them. In accordance with that commitment and in compliance with Title

IX, William James provides educational and preventative programs, services for

individuals who have been impacted by violence and accessible, timely and equitable

methods of investigation and resolution of complaints.

This Policy and the Complaint Investigation and Resolution Procedures are intended to

comply with Title IX, the reauthorized Violence Against Women Act, including the Campus

SaVE Act, the Clery Act, and the guidance documents on Title IX issued by the

Department of Education’s Office for Civil Rights and the White House Task Force to

Protect Students from Sexual Assault.

A. Policy Purposes

By this Policy, William James College seeks to educate its community about its efforts to

prevent, address and remedy all forms of sexual violence, sexual harassment, gender-

based harassment, domestic violence, dating violence, stalking and retaliation.

Accordingly, this Policy:

• states unequivocally that sexual violence, sexual harassment, gender-based

harassment, domestic violence, dating violence, stalking and retaliation are

prohibited and will not be tolerated;

• defines and describes the misconduct that is prohibited;

• explains what to do if one experiences sexual violence, sexual harassment,

gender-based harassment, domestic violence, dating violence, stalking and/or

retaliation;

• identifies available on- and off-campus resources;

• identifies the persons with whom you may speak confidentially;

• describes how to file a report with the College and other reporting options;

• specifies the rights of both complainants and respondents; and

• explains the institution’s response to alleged incidents, including how reports of

sexual violence, sexual harassment, gender-based harassment, domestic

violence, dating violence, stalking and retaliation are evaluated, investigated and

resolved.

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B. Prohibition Against Sexual Violence, Sexual Harassment, Gender-Based

Harassment, Domestic Violence, Dating Violence, Stalking and Retaliation

William James College prohibits and will not tolerate sexual violence, sexual harassment,

gender-based harassment, domestic violence, dating violence, stalking and retaliation.

These behaviors violate this Policy, state and federal civil rights laws, and possibly the

criminal laws of Massachusetts.

These behaviors can occur between strangers or acquaintances, including between

people involved in an intimate or sexual relationship. Victims

can be any gender. Any

person, regardless of gender identity, can commit sexual violence, sexual harassment,

gender-based harassment, domestic violence, dating violence, stalking and retaliation,

and these behaviors can occur between people of the same or different gender.

William James College prohibits any community member (student, faculty, employee,

visitor, volunteer or contractor), regardless of gender, from sexually harassing, stalking,

engaging in sexual violence toward or committing domestic or dating violence against

another member of the community or any other person having dealings with the

institution. William James will not tolerate any form of such conduct.

Any member of the William James College community who believes that she/he has been

subjected to conduct prohibited by this Policy is encouraged to report it. The College will

respond promptly and effectively to all reports, and will take appropriate action to prevent,

to correct, and when necessary, to discipline individuals that violate this Policy. Such

discipline may include termination or dismissal.

William James College prohibits retaliation against anyone who reports sexual violence,

sexual harassment, gender-based harassment, domestic violence, dating violence,

stalking and retaliation, who assists another in making a report, or who participates in an

investigation of a report. All persons should feel free to report their concerns without fear

of retribution or reprisal.

This Policy applies to all community members of William James College, including

students, faculty, employees, visitors, volunteers or contractors for employment or

admission. This Policy applies without regard to a person’s sexual orientation, sex,

gender identity, gender expression, age, race, color, nationality, class status, ability,

religion, or other protected class of the parties involved.

Acts of sexual violence, sexual harassment, gender-based harassment, domestic

violence, dating violence, stalking and retaliation that take place off campus may be

subject to investigation and disciplinary action under this Policy when the conduct

involves behavior by or toward a community member, which:

• occurs during institutional-sponsored events such as social functions, business-

related travel, field education placements or internships;

• occurs during the events of institutional-affiliated organizations, including student

Although some prefer to use the term “survivor” to describe an individual who has been subjected to sexual violence,

the term “victim” is also widely used. This Policy uses the term “victim” or “complainant,” and does so with respect

for those who have been subjected to sexual violence.

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groups;

• has a negative effect on a person’s access to education programs and activities;

• adversely affects or disrupts the College’s community; and/or

• poses a disruption or threat of harm to the College community.

C. Title IX Coordinator

Pursuant to Title IX and its implementing regulations at 34 C.F.R. Part 106, William James

College has appointed an official, known as the Title IX Coordinator, who is responsible

for maintaining the institution’s compliance with Title IX, administering this Policy and

monitoring their responsive action to ensure that the learning and working environments

are free of sexual violence, sexual harassment, gender-based harassment, domestic

violence, dating violence, stalking and retaliation. The Title IX Coordinator also monitors

the steps taken to remedy the effects of the misconduct on the complainant(s), including

any investigation, resolution or disciplinary proceedings, and may conduct investigations.

Additionally, the Title IX Coordinator provides information about reporting options and

support resources, initiates interim protective safety measures, coordinates appropriate

accommodations, and, when requested, assists persons in filing complaints with law

enforcement.

The Title IX Coordinator may also serve as the institution’s Equal Opportunity Officer. If

these positions are held by different individuals, the EO Officer and the Title IX

Coordinator may collaborate on the enforcement of any aspect of this Policy. The Title

IX Coordinator should not have other job responsibilities that may create a conflict of

interest. There may also be a Deputy Title IX Coordinator designated to assist the Title IX

Coordinator in the performance of the Coordinator’s duties and to whom specific

responsibilities may be delegated. Any person with questions, concerns or complaints

related to this Policy may contact the following:

Title IX Coordinator: Gloria Noronha, Director of Diversity, Equity & Inclusion, Extension

2261.

D. Coordination with William James’ Non-Discrimination and Harassment Policy

Harassment or other misconduct related to a person’s sex, sexual orientation, gender

identity or expression is sometimes also related to a person’s race, age, disability, or

membership in another protected class. Discriminating against or harassing any person

on such bases is prohibited by the institution’s Non-Discrimination and Harassment

Policy. In cases where the conduct at issue implicates both this Gender-Misconduct

Policy and the Non-Discrimination and Harassment Policy, the institution will coordinate

its evaluation, investigation and resolution efforts to address the alleged harassment or

misconduct on all prohibited bases.

Note: While this Policy and the Complaint Investigation and Resolution Procedures

identify certain College officers and employees who have particular roles and duties,

William James College may designate other officers or employees to perform specific

roles and/or duties set forth in this Policy or the Complaint Investigation and Resolution

Procedures.

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I. DEFINITIONS AND EXAMPLES OF POLICY VIOLATIONS

A. Sexual Violence

As defined by the U.S. Department of Education’s Office for Civil Rights, sexual

violence “refers to physical sexual acts perpetrated against a person’s will or where

a person is incapable of giving consent (e.g., due to the [person’s] age or use of

drugs or alcohol, or because an intellectual or other disability prevents the [person]

from having the capacity to give consent).” Sexual violence therefore includes a

broad range of prohibited behaviors including, but not limited to:

1. Sexual Assault

Sexual assault is any kind of sexual physical contact that involves any form of

coercion or intimidation or force and/or sexual physical contact with a person who

does not give consent or is unable to give consent. Sexual physical contact

includes the intentional touching of another person on an area of the body

generally recognized as a private part of the body, or touching any part of another

person’s body with a private part of one’s own body, no matter how slight. Sexual

intercourse means penetration, no matter how slight, of a bodily orifice (vagina,

anus, or mouth) by an object or by a body part, and/or non-consensual fellatio or

cunnilingus with anyone without consent.

Examples of sexual assault include:

• rape;

• non-consensual sexual contact (an intentional physical contact of a sexual

nature with anyone without the individual’s consent, or attempts to commit

the same);

• non-consensual sexual intercourse (engaging, continuing to engage, or

attempting to engage in sexual intercourse without the other’s consent);

• advancing sexual activity without consent;

• ignoring a partner’s objections to sexual activity on one occasion given past

consent to sexual activity; and

• engaging in manipulative, threatening and coercive behavior to obtain

consent.

2. Sexual Exploitation

Sexual exploitation occurs when a person takes sexual advantage of another

person for the benefit of anyone other than that person without that person’s

consent.

Examples of sexual exploitation include:

• prostituting another person;

• recording images (e.g., video, photograph) or audio of another person’s

sexual activity, intimate body parts, or nakedness without that person’s

consent;

• distributing images (e.g., video, photograph) or audio of another person’s

65 | Page

sexual activity, intimate body parts, or nakedness, if the individual

distributing the images or audio knows or should have known that the

person depicted in the images or audio did not consent to such disclosure

and objects to such disclosure; and

• viewing another person’s sexual activity, intimate body parts, or nakedness

in a place where that person would have a reasonable expectation of

privacy, without that person’s consent, and for the purpose of arousing or

gratifying sexual desire.

3. Incest

Incest is sexual intercourse between persons who are related to each other

within the degrees wherein marriage is prohibited by law. Incest and attempts to

commit Incest are prohibited.

4. Statutory Rape

Statutory rape is sexual intercourse with a person who is under sixteen years

of age. Mass. Gen. Laws c. 265, § 23. Statutory rape and attempts to commit

Statutory Rape are prohibited.

5. Aiding in the Commission of the Violence

The aiding or assisting in the commission of an act(s) of Sexual Violence as an

accomplice is prohibited under this Policy.

6. Consent and Incapacitation

Consent is an understandable exchange of affirmative words or actions, which

indicate a willingness to participate in mutually agreed upon sexual activity.

Consent must be informed, freely and actively given. It is the responsibility of the

initiator to obtain clear and affirmative responses at each stage of sexual

involvement. Each person involved in a sexual activity must willingly and

knowingly engage in the activity. Whether an individual has taken advantage of a

position of influence over an alleged victim may be a factor in determining consent.

Silence, previous sexual relationships or experiences, and/or a current

relationship may not, in themselves, be taken to imply consent. Consent to one

form of sexual activity does not imply consent to other forms of sexual activity.

Consent to sexual activity may be withdrawn at any time, as long as the withdrawal

is communicated clearly.

An individual who is incapacitated by alcohol and/or other drugs both voluntarily

or involuntarily consumed may not give consent. Alcohol or drug related

incapacitation is more severe than impairment, being under the influence, or

intoxication. Evidence of incapacity may be detected from context clues, such as

slurred speech, bloodshot eyes, the smell of alcohol on the breath, shaky

equilibrium, vomiting, unusual behavior, or unconsciousness. While context clues

are important in helping to determine incapacitation, these signs alone do not

necessarily indicate incapacitation.

66 | Page

Persons unable to consent also include, but are not limited to: persons under

age 16; persons who are intellectually incapable of understanding the implications

and consequences of the act or actions in question; and persons who are

physically helpless. A physically helpless person is one who is asleep, blacked

out, involuntarily physically restrained, unconscious, or, for any other reason,

unable to communicate unwillingness to engage in any act.

The use of alcohol or drugs to render another person mentally or physically

incapacitated as a precursor to or part of a sexual assault is prohibited by this

Policy. The use of alcohol, medications or other drugs by the respondent does not

excuse a violation of this Policy.

7. Force

Force is the use of physical strength, violence, threats of violence or

intimidation (implied threats of violence) to gain sexual access. A person who is

the object of actual or threatened force is not required to physically, verbally or

otherwise resist the aggressor.

8. Coercion

Coercion is unreasonable pressure or emotional manipulation to persuade

another to engage in sexual activity. When someone makes it clear that she/he does

not want to engage in sexual behavior, or she/he does not want to go beyond a certain

point of sexual interaction, continued pressure beyond that point can be considered

coercive. Being coerced into sexual activity is not consent to that activity.

B. Sexual Harassment

Unwelcome verbal, non-verbal and/or physical behavior of a sexual nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition

of an individual’s employment or education; and/or

• submission to, or rejection of, such conduct by an individual is used as a basis for

academic or employment decisions affecting that individual; and/or

• such conduct has the purpose or effect of substantially interfering with an

individual’s academic or professional performance or creating a sexually

intimidating, hostile, or offensive employment or educational environment.

A single or isolated incident may create a hostile environment if the incident is

sufficiently severe. The more severe the conduct, the less need there is to show a

repetitive series of incidents to provide a hostile environment, particularly if the

harassment is physical. Likewise, a series of incidents may be sufficient even if the

sex-based harassment is not particularly severe.

Sexual harassment can occur between community members of any gender. It can

occur between equals (e.g., student to student, staff member to staff member, faculty

member to faculty member) or between persons of differing power status (e.g.,

67 | Page

supervisor to subordinate, faculty member to student). Although sexual harassment

often occurs in the context of an exploitation of power by the individual with the greater

power, it is possible for a person who appears to have less power in a relationship to

commit sexual harassment (e.g., a student harassing a faculty member).

In order for conduct to constitute sexual harassment under this Policy, a

reasonable person under similar circumstance would have to conclude that the

behavior was harassing or discriminatory.

Reasonable directions or warnings by authorized College personnel as to the time,

place and manner in which employees perform their assigned responsibilities,

students carry out their educational assignments or program participants engage in

sponsored activities do not constitute evidence of sexual harassment under this

Policy.

Examples of sexual harassment may include, but are not limited to:

• repeatedly pressuring another person for sexual activity;

• making sexist remarks about an individual’s clothing, body or sexual activities;

• unnecessary touching, patting or pinching another person;

• demanding sex from a subordinate while making implied threats concerning the

subordinate’s job;

• demanding sex from a student while making implied threats concerning the

student’s grade;

• electronically transmitting derogatory, demeaning or pornographic materials;

• posting explicit sexual pictures on an exterior office door or on a computer monitor;

• and sexually assaulting another person.

A hostile environment exists when sex-based harassment is sufficiently serious to

deny or limit a person’s ability to participate in or benefit from programs or activities.

A hostile environment can be created by anyone involved in the institution’s programs

or activities (e.g., administrators, faculty members, students, and campus visitors).

In determining whether sex-based harassment has created a hostile environment,

the College considers the conduct in question from both a subjective and objective

perspective. It will be necessary, but not enough, that the conduct was unwelcome to

the person who was harassed. The College will also need to find that a reasonable

person in the victim’s position would have perceived the conduct as undesirable or

offensive in order for that conduct to create or contribute to a hostile environment.

To make the ultimate determination of whether a hostile environment exists for

campus community member(s), the College considers a variety of factors related to

the severity, persistence, or pervasiveness of the sex-based harassment, including:

(1) the type, frequency, and duration of the conduct; (2) the identity and relationships

of persons involved; (3) the number of individuals involved; (4) the location of the

conduct and the context in which it occurred; and, (5) the degree to which the conduct

affected one or more person’s education or employment.

68 | Page

C. Gender-Based Harassment

Unwelcome conduct of a nonsexual nature based on a person’s actual or

perceived sex, including conduct based on gender identity, gender expression, and

nonconformity with gender stereotypes, is prohibited when:

• submission to such conduct is made either explicitly or implicitly a term or condition

of an individual’s employment or education; and/or

• submission to, or rejection of, such conduct by an individual is used as a basis for

academic or employment decisions affecting that individual; and/or

• such conduct has the purpose or effect of substantially interfering with an

individual’s academic or professional performance or creating an intimidating,

hostile, or offensive employment, educational, or living environment based on

gender.

Examples of gender-based harassment include, but are not limited to:

• using derogatory comments and terms toward a male or female who do not act in

ways that align with their gender stereotype, such as a male being called names

for being interested in the arts or a female being called names for being interested

in construction;

• telling someone to use a restroom that does not align with that person’s gender

identity; and

• making generalized derogatory comments about one gender, such as “all females”

are ______ or “all males” are _______.

While harassment based on non-sexual factors may be distinguished from sexual

harassment, these types of behaviors may contribute to the creation of a hostile

environment. Thus, in determining whether a sexually hostile environment exists,

William James College may consider acts of gender-based harassment. In order for

conduct to constitute gender-based harassment under this Policy, a reasonable

person under similar circumstance would have to conclude that the behavior was

harassing or discriminatory.

Reasonable directions or warnings by authorized College personnel as to the time,

place and manner in which employees perform their assigned responsibilities,

students carry out their educational assignments or program participants engage in

sponsored activities do not constitute evidence of gender-based harassment under

this Policy.

The definition of hostile environment provided under the Sexual Harassment

section above also applies in the context of gender-based harassment.

D. Dating and Domestic Violence

Domestic and dating violence are acts of abusive or coercive behavior (physical,

sexual, financial, verbal and/or emotional) used by a perpetrator to gain or exercise

control over another, including any behaviors that intimidate, manipulate, humiliate,

isolate, frighten, threaten, blame, hurt, injure, or wound someone. Domestic and

dating violence can occur in relationships between persons of any gender.

69 | Page

Domestic violence is such behavior directed against a current or former spouse,

family member (blood, step, adoptive or foster), person with whom a child is shared,

or cohabitant (possibly a roommate).

Dating violence is such behavior directed against another person in a social

relationship of a romantic or intimate nature, and where the existence of such a

relationship is determined based on a consideration of the length and type of

relationship and frequency of interaction between the persons involved.

Examples of domestic and dating violence include, but are not limited to:

• hitting, slapping, punching, kicking, pulling hair or other physical misconduct;

• isolating a partner from family and friends;

• destroying a partner’s personal items;

• physically assaulting the child of a partner;

• pursuing sexual activity when a partner is not fully conscious, is not asked, or is

afraid to say no, or coercing a partner to have sex without protection;

• threatening to reveal a person’s sexual orientation without the person’s permission;

• exhibiting excessive possessiveness and jealousy;

• constantly belittling or insulting a partner;

• checking a partner’s cell phone or email account without permission;

• demanding that a partner dress or act in a certain way; and/or

• threatening violence against the victim’s acquaintances, friends, or family

members.

E. Stalking

Stalking refers to a pattern of harassing, threatening, or unwanted behavior that

causes an individual to experience emotional distress and/or to fear for his/her safety.

Stalking may occur in a range of formats including, but not limited to, in-person, written

letters or notes, voicemail, email, text messaging, following someone utilizing global

positioning systems (GPS), video and audio recording, and social networking.

Examples of stalking behaviors include, but are not limited to:

• repeated unwanted or unsolicited contact or leaving unwanted gifts or items;

• posting disturbing messages or threats online;

• creating, attempting to create, or disseminating unauthorized audio or video

recordings of another individual;

• gathering information about an individual from family, friends, co-workers, and/or

classmates, or by electronic means by installing spyware on a computer or using

GPS;

• threats in any form about an individual or their loved ones or threats to harm

oneself;

• pursuing, waiting, or showing up uninvited at a workplace, residence, classroom,

or other locations frequented by an individual; and

• directing a third party to take any of the above acts.

70 | Page

F. Retaliation

William James prohibits retaliation against any person for making a complaint of

sexual violence, sexual harassment, gender-based harassment, domestic violence,

dating violence, stalking and/or retaliation, for assisting in making a complaint, for

resisting or openly opposing such conduct, or for otherwise using or participating in

the complaint investigation process under the Policy. Persons who file, or participate

in the investigation or resolution of, claims or complaints of sexual violence, sexual

harassment, gender-based harassment, domestic violence, dating violence, stalking

and/or retaliation with outside agencies, law enforcement or otherwise pursuant to any

applicable state or federal law, are also protected from retaliation by this Policy.

Prohibited retaliation includes, but is not limited to: threats; intimidation; reprisals;

continued harassment or misconduct; other forms of harassment; slander and libel;

and adverse actions related to employment or education. Retaliation can be

committed by individuals or groups. Retaliation, even in the absence of provable

sexual violence, sexual harassment, gender-based harassment, domestic violence,

dating violence, stalking and retaliation in an underlying complaint, constitutes as

violation of this Policy that is just as serious as the main offense itself.

Anyone who believes that he/she is the object of retaliation, or any person with

questions or concerns about retaliation, is encouraged to contact the EO Officer: Ellen

Collins, extension 1531.

Note: Incidents of sexual violence, domestic violence, dating violence, stalking or

retaliation as described above may also constitute criminal actions when they meet the

standards set forth in Massachusetts criminal laws. The relevant Massachusetts crime

definitions are included in Section XII of this Policy. An individual can be prosecuted by

the Commonwealth for violating a criminal law and be subject to discipline for violating

this Policy by the College.

II. CONSENSUAL RELATIONSHIPS

William James College does not intrude upon private choices regarding personal

relationships when these relationships do not violate the institution’s policies, or cause

harm or increase the risk of harm to the safety and wellbeing of members of the campus

community. Consensual romantic and/or sexual relationships in which one party retains

a direct supervisory or evaluative role over the other party are unethical and create a risk

for real or perceived coercion.

A. Faculty/Administrator/Staff Member Relationships with Students

A romantic and/or sexual relationship, consensual or otherwise, between a faculty

member, administrator or staff member and a student is looked upon with disfavor and

is strongly discouraged. No faculty member shall have a romantic and/or sexual

relationship, consensual or otherwise, with a student who is being taught or advised

by the faculty member or whose academic work is being supervised or evaluated,

directly or indirectly, by the faculty member. No administrator or staff member shall

have a romantic and/or sexual relationship, consensual or otherwise, with a student

who the administrator or staff member supervises, evaluates, advises, or provides

71 | Page

other professional advice or services as part of a College program or activity.

B. Relationships Between Supervisors and Subordinates or Between Co-Workers

A consenting romantic and/or sexual relationship between a supervisor and

subordinate or co-workers may interfere with or impair the performance of professional

duties and responsibilities and/or create an appearance of bias or favoritism. Further,

such relationships could implicate state ethics laws and/or result in claims of sexual

violence, sexual harassment, gender-based harassment, domestic violence, dating

violence, stalking or retaliation. Therefore, such workplace relationships are strongly

discouraged.

III. RESOURCES

The institution encourages all persons who have experienced any form of sexual violence,

sexual harassment, gender-based harassment, domestic violence, dating violence,

stalking or retaliation to talk to someone about what happened to get the support they

need, and to avail themselves of all available resources, no matter when the incident

occurred.

A. Assuring Your Safety/Preserving Evidence

If you or another person is in immediate danger or needs immediate medical help,

call 911 or the Newton Police at 617-796-2100 or Boston Police 617-343-4633.

If an incident occurs, the institution strongly encourages victims to report the

incident and seek both medical and police assistance for the victim’s protection and

that of the entire campus. Seeking immediate medical attention is the best option to

preserve evidence and ensure an optimal remedial response. William James College

will assist any community member in getting to a safe place, providing transportation

for medical help, and coordinating the institution’s response to the incident with law

enforcement. Seeking police or medical assistance does not obligate a victim to make

a complaint or take any further action.

Any individual who has experienced an act or acts of gender-based misconduct is

encouraged to take steps to preserve evidence of the incident, as doing so may be

necessary to the proof of a criminal act or to obtain a protection order from the court.

After an incident occurs, victims should try to refrain from bathing or showering,

brushing teeth, drinking, eating, douching or changing clothes until the evidence can

be collected. If clothing is changed, each garment should be placed in a separate

paper (not plastic) bag. If the incident involves any written or electronic

communications (e.g., pictures, texts, social media posts, videos, etc.), take care to

preserve copies and not delete the originals.

B. Resources to Obtain Confidential Medical Attention

Medical attention is strongly encouraged to treat any possible injuries, including

internal injuries, or infections. Please note that there are some medical actions that

are more effective if taken within a few days after an offense, such as preventative

treatment for pregnancy and sexually transmitted infections, evidence collection, and

72 | Page

toxicology testing if there are signs that drugs or alcohol facilitated the offense.

Generally, you may discuss the incident with licensed medical personnel on a

confidential basis.

The following hospitals are part of the Sexual Assault Nurse Examiner Program

(SANE). This program has specially trained nurses who can examine you and collect

evidence. They will also call the Boston Area Rape Crisis Center (BARCC) and a

trained Medical Advocate can meet you at the hospital. You may be faced with

confusing medical and legal decisions, and the Medical Advocate can help you

through the process.

Beth Israel Deaconess Hospital

148 Chestnut Street

Needham, MA 02492

781-453-3000 – Non Emergency Number

Hours: 24 Hours a Day/7 Days a Week

Newton Wellesley Hospital (Designated Boston SANE Hospital)

2014 Washington Street

Newton, MA 02462

617-243-6000 – Non Emergency Number

Hours: 24 Hours a Day/7 Days a Week

Other SANE hospitals in the Boston area are:

• Beth Israel Deaconess Medical Center

• Boston Medical Center

• Brigham and Women’s Hospital

• Cambridge Hospital

• Children’s Hospital

• Massachusetts General Hospital

For more information about SANE services and where to obtain them, see:

http://www.mass.gov/eohhs/gov/departments/dph/programs/community-

health/dvip/violence/sane/designated-sites/boston-regions.html.

C. Resources to Obtain Confidential Counseling and Support

Generally, you may discuss the incident with a licensed mental health counselor

or a counselor recognized by a religious order or denomination on a confidential basis.

Please see Section V “Privacy and Confidentiality: Know Your Options” of this Policy

for more information.

These counselors are good options if you want to discuss your situation with

someone who can keep your information as confidential as possible while assisting

you to determine what steps to take, such as obtaining further counseling, seeking

medical attention, preserving evidence, and/or reporting to the College or law

enforcement authorities then or at a later time.

73 | Page

1. Confidential Counseling and Support Resources at William James College

Joan Axelrod

[email protected]

Academic

Resource

Director

Monday-Friday

9:00a.m. –

5:00p.m.

1341

Disability Services; Remedial

Services; Counseling

2. Confidential Community Counseling and Support Resources

Many off-campus counseling resources are available to assist you. These off-campus

service providers are not required to report any information to the College and will

generally maintain your confidentiality.

City of Newton Police: 617-769-2100

City of Boston Police: 617-343-4633

White House Initiative to Combat

Sexual Assault on College Campuses

www.notalone.gov

(searchable local resources and

hotlines)

The National Stalking Resource Center

http://www.victimsofcrime.org/our-

programs/stalking-resource-center

National Sexual Assault Hotline

(800) 656-4673 (24 hour)

RAINN [Rape Abuse & Incest National

Network] (800) 656-4673 (Hotline)

www.rainn.org (Online Chat Live)

National Domestic Violence Hotline

(800) 799-7233 (24 hour)

MA Spanish Language Rape Crisis Center

(800) 223-5001(Hotline)

National Suicide Prevention Lifeline

(800) 273-8255 (Hotline)

Victim Rights Law Center

115 Broad Street, 3rd Floor Boston, MA

02110

Phone: 617-399-6720

(legal services for victims of sexual assault)

Additionally, the Rape Crisis Centers listed below offer FREE services to victims of sexual

violence, including:

• 24/7 hotline counseling, information, and referral;

• will go with victims to hospitals and/or police stations 24/7;

• will go with victims to court;

• provide one-to-one counseling and support group counseling; and

• provide primary prevention education; professional training; outreach.

Greater Boston Area Our Boston Office

Boston Area Rape Crisis Center (BARCC) 989 Commonwealth Avenue

99 Bishop Allen Drive Boston, MA 02215

Cambridge, MA 02139 24/7 Hotline: 800-841-

8371

74 | Page

24/7 Hotline: 800-841-8371 (Office) 617-492-8306

TTY: 617-492-6434 (Fax) 617-492-3291

Services are available in Spanish, French and Kreyol.

Northeastern Massachusetts

YWCA North Shore Rape Crisis Center, Lynn, 800-922-8772 Hotline, 781-477-2312

Office

Center for Hope and Healing, 800-542-5212 Hotline, 978-452-8723 TTY

YWCA of Greater Lawrence, 877-509-9922 SA Hotline, 978-686-8840 TTY

Central Massachusetts

Pathways for Change, Worcester, 800-870-5905 Hotline, 888-887-7130 TTY

Rape Crisis Center of Central Mass., Fitchburg, 800-870-5905

Wayside Victim Services, Milford, 800-511-5070 Hotline, 508-478-4205 TTY

Southeastern Massachusetts

A Safe Place, Nantucket, 508-228-2111 Hotline, 508-228-7095 TTY

Independence House/Cape Cod Rape Crisis Center, Hyannis, 800-439-6507 Hotline,

508-778-6782 TTY

Martha’s Vineyard Community Services/CONNECT to End Violence, Vineyard Haven,

508-696-7233 Hotline, 508-684-8176 TTY

New Bedford Women’s Center, New Bedford, 508-996-6636 Hotline, 508-996-1177 TTY

New Hope, Attleboro, 800-323-4673 Hotline/TTY

Health Imperatives, Brockton, 508-588-8255 SA Hotline, 508-894-2869 TTY

Western Massachusetts

Elizabeth Freeman Center, Pittsfield, 866-401-2425 Hotline, 413-499-2425 TTY

Center for Women and Community, Amherst, 413-545-0800 Hotline, 413-577-0940 TTY

NELCWIT, Greenfield, 413-772-0806 Hotline, 413-772-0815 TTY

YWCA of Western Mass., Springfield, 800-796-8711 Hotline, 413-733-7100 TTY

As the above contact information may be subject to change, current contact information

on rape crisis centers in Massachusetts can be found at:

http://www.mass.gov/eohhs/gov/departments/dph/programs/community-

health/dvip/violence/rape-crisis-centers.html.

More information regarding programs and services offered by the Commonwealth for

victims of sexual and domestic violence see:

http://www.mass.gov/eohhs/gov/departments/dph/programs/community-

health/dvip/violence/sapss/

75 | Page

D. College Resources

In addition to the confidential resources listed above, William James College offers

a variety of resources to those who have experienced or been affected by sexual

violence, sexual harassment, gender-based harassment, domestic violence, dating

violence, stalking or retaliation. While the following individuals and offices are not

bound by confidentiality, they will maintain your privacy within the limited group of

College personnel necessary to address the issues presented.

The following individuals are located at One Wells Avenue, Newton, MA 02459.

Phone Number: 617-327-6777

Name

Title

Hours

Ext

Services Provided

Dan Brent

Dan_brent@williamjames.edu

VP of Finance

and

Operations,

Monday-

Friday

9:00 a.m. –

5:00p.m.

1532

Coordinates efforts in response to

student crisis

Gloria Noronha

Gloria_Noronha@williamjames.edu

Director of

Diversity,

Equity &

Inclusion, Title

IX Coordinator

Monday-

Friday

9:00 a.m. –

5:00p.m.

2261

Coordinates efforts in response to

student crisis

Ellen Collins

ellen_collins@williamjames.edu

Director of

Human

Resources,

EEO Officer

Monday-

Friday

9:00a.m.–

5:00 p.m.

1531

Coordinates efforts in response to

student crisis; promote ethical

conduct

Josh Cooper

[email protected]

Dean of

Students

Mon – Friday

9:00a.m. –

5:00p.m.

2241

Coordinates efforts in response to

student crisis; standards of

behavior; assist in remedy

Joan Axelrod

[email protected]

Academic

Resource

Director

Monday-

Friday

9:00a.m. –

5:00p.m.

1341

Disability Services; Remedial

Services; Counseling/Support

Resources

E. Relevant Government Resources

The following agencies may provide additional resources for persons wishing to file a

complaint of sexual violence, sexual harassment, gender-based harassment, domestic

violence, dating violence, stalking and/or retaliation outside of William James College

complaint investigation procedures. You may also contact the agencies if you have any

questions or concerns about the application of Title IX and/or the institution’s compliance with

Title IX.

U.S. Department of Education,

Office for Civil Rights

http://www2.ed.gov/about/offices/list/ocr/ind

ex.html

U.S. Department of Education

Office for Civil Rights

33 Arch Street, 9th Floor

Boston, MA 02119-1424

U.S. Department of Justice, Office

on Violence Against Women

http://www.ovw.usdoj.gov/

Office on Violence Against Women

145 N St., NE, Suite 10W.121

Washington, D.C. 20530

202-307-6026

Fax: 202-305-2589

76 | Page

Telephone: (617) 289-01111

TDD: 877-521-2172

Email: [email protected]

Persons wishing to file a complaint of gender discrimination or sexual harassment

under state law, or who have questions about the state’s law on gender discrimination and

sexual harassment, may contact the Massachusetts Commission Against Discrimination as

follows:

Boston Office: Worcester Office:

One Ashburton Place Worcester City Hall

Rm. 601 455 Main Street, Room 101

Boston, MA 02108 Worcester, MA 01608

(617) 727-3990 (508) 799-8010

Springfield Office: New Bedford Office:

424 Dwight Street 800 Purchase St., Rm 501

Rm. 220 New Bedford, MA 02740

Springfield, MA 01103 (508) 990-2390

(413) 739-2145

IV. REPORTING OPTIONS

William James College strongly encourages all who have experienced sexual violence, sexual

harassment, gender-based harassment, domestic violence, dating violence, stalking and/or

retaliation to report the incident so that the College may provide victims with support services

and pursue an administrative resolution regarding the alleged perpetrator. The institution

prohibits and will not tolerate retaliation against anyone who makes a report.

You have several options for reporting: Confidential Reports, Non-Confidential Reports and

Making No Report. While each option will be described for you in detail below and

summarized at Appendix A, as a general rule, if William James College receives a report of

sexual violence, sexual harassment, gender-based harassment, domestic violence, dating

violence, stalking and/or retaliation, it must investigate the report. If you are unsure of

someone’s duty to report or ability to maintain your privacy, you should ask them before you

talk to them about an incident. They will be able to tell you if they are required to make a report

and they can identify others who can help you.

Title

Hours

Ext

Services Provided

All parties and witnesses to incidents of such prohibited conduct have reasonable

expectations of privacy in matters reported and investigated under this Policy. The

College wants all community members to seek the assistance they need without fear

that their private information will be shared more broadly than they would like. Federal

and state laws, however, impose reporting obligations on certain William James College

employees that, under some circumstances, require those employees to share

information about an incident of sexual violence, sexual harassment, gender-based

harassment, domestic violence, dating violence, stalking and/or retaliation with others at

the institution. Even when these employees have an obligation to report, they will

protect the privacy of the reporter to the greatest extent possible and share information

77 | Page

on only a need-to-know basis.

When you make a report, a College employee or official will try to ensure that you are

informed of their reporting obligations, and they will direct you to Confidential Resources

to whom you may make a private report. So that you fully understand your ability to

make reports and your ability to keep your information confidential, please review the

following reporting options. If you need assistance in making a report, please contact

the Title IX Coordinator.

APPENDIX A

GENDER-BASED MISCONDUCT: CONFIDENTIALITY AND REPORTING

Personnel/Organization

Confidential

Status

Obligation to Report to William James Colleges’ Title IX

Coordinator and/or Outside of the institution

William James College

Employee Assistance

Program

Confidential

None

Outside Medical Providers

Confidential

None

Outside Rape Crisis

Centers, Counseling and/or

Victim Support Services

Confidential

None

Outside Chaplains, Clergy,

Pastoral Counselors

Confidential

None

Local Police or other Law

Enforcement

Not

Confidential

There is no obligation for local police or law enforcement to make a

report to William James College, but information may be shared with

the College within the requirements of Massachusetts law.

Outside Agencies

(MCAD, EEOC, OCR,

BHE)

Not

Confidential

The relevant agency will notify the institution of accepted complaints.

Title IX Coordinator (and

Deputies)

Not

Confidential

Yes. The Title IX Coordinator will share information with College

officials and employees who need to know it in order to implement

the institution’s policies and procedures.

EO Officer/Director of

Human Resources

Not

Confidential

Yes. The EO Officer will share information with College officials and

employees who need to know it in order to implement the

institution’s policies and procedures.

William James College

Trustees

Not

Confidential

Yes. Members of the Board of Trustees will share information with

College officials and employees who need to know it in order to

implement institution policies and procedures.

The President

Not

Confidential

Yes. The President will share information with College officials and

employees who need to know it in order to implement institution

policies and procedures.

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GENDER-BASED MISCONDUCT: CONFIDENTIALITY AND REPORTING

Personnel/Organization

Confidential

Status

Obligation to Report to William James Colleges’ Title IX

Coordinator and/or Outside of the institution

Vice Presidents,

Associate and Assistant

Vice Presidents

Not

Confidential

Yes. The Vice Presidents and Associate/Assistant Vice Presidents

will share information with College officials and employees who need

to know it in order to implement the institution’s policies and

procedures.

Department Directors and

Assistant Directors

Not

Confidential

Yes. Departmental Directors and Assistant Directors will share

information with College officials and employees who need to know

it in order to implement the institution’s policies and procedures.

Deans, Associate and

Assistant Deans

Not

Confidential

Yes. The Deans and Associate/Assistant Deans will share

information with College officials and employees who need to know

it in order to implement institution’s policies and procedures.

Academic Department

Chairs

Not

Confidential

Yes. Academic Department Chairs will share information with

College officials and employees who need to know it in order to

implement the institution’s policies and procedures.

Faculty and Staff Leading

or Chaperoning Travel or

Overnight Trips

Not

Confidential

Yes. Faculty and Staff Travel Leaders and/or Chaperones will share

information with College officials and employees who need to know

it in order to implement the institution’s policies and procedures.

Faculty Advisors to Student

Groups

Not

Confidential

Yes. Faculty and Staff Advisors to Student Groups will share

information with College officials and employees who need to know

it in order to implement the institution’s policies and procedures.

Complaint Investigation and Resolution Procedures

It is the policy of William James College to provide each student, employee, and other

person having dealings with the College an environment free from all forms of

discrimination, discriminatory harassment, sexual violence, sexual and gender-based

harassment, domestic and dating violence, stalking and retaliation as defined in William

James College Policy Against Discrimination, Discriminatory Harassment and Retaliation

and Policy Against Sexual Violence.

These Complaint Investigation and Resolution Procedures (“Procedures”) are intended

to provide a mechanism to investigate and resolve complaints of discrimination,

discriminatory harassment, sexual violence, sexual and gender-based harassment,

domestic and dating violence, stalking and retaliation. These Procedures are available

to all students, faculty, staff, visitors, contractors, applicants for employment or admission,

and others having dealings with the institution.

Complaints of the following prohibited behaviors may be made under these procedures:

Discrimination or harassment

on the basis of:

Any form of the following prohibited

conduct:

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• race

• color

• religion

• national origin

• age

• disability

• sex/gender

• sexual orientation

• gender identity

• gender expression

• genetic information

• marital status

• veteran status

• sexual violence or misconduct

o rape

o sexual assault

o sexual exploitation

o incest

o statutory rape

o aiding in the commission of sexual

misconduct

• sexual harassment

• gender-based harassment

• domestic violence

• dating violence

• stalking

Retaliation

Investigations of such complaints are necessary to determine:

• if a complaint alleges a violation of William James College’s Policy Against

Discrimination, Discriminatory Harassment and Retaliation and/or its Policy

Against Sexual Violence;

• whether prohibited conduct has occurred;

• whether there is an ongoing risk of harm for further prohibited conduct and, if so,

to take steps to prevent its recurrence;

• whether interim protective measures should be in place for the safety of the

complainant or the College community, or to redress the effects of prohibited

conduct;

• whether the conduct warrants disciplinary action; and

• whether changes to policies, practices or training should be considered and

implemented by the College.

These procedures have been designed to provide prompt, fair, impartial, complete and

effective processes from investigation to final result. The proceedings will be conducted

transparently and consistently with College policies. The formal rules of process or

evidence, such as those applied in criminal or civil courts, are not used under these

procedures.

No community member may retaliate, intimidate, threaten, coerce or otherwise

discriminate against any individual for filing a complaint under these procedures or for

otherwise exercising his/her rights or responsibilities under the institution’s Policy Against

Discrimination, Discriminatory Harassment and Retaliation or their Policy Against Sexual

Violence.

Note: While these Procedures identify certain College employees/officials who have

particular roles and duties, William James College may designate other

employees/officials to perform specific roles or duties as set forth in these Procedures.

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I. INVESTIGATION AND RESOLUTION PROCEDURES

The complaint investigation and resolution process is comprised of two processes: (A)

the Informal Resolution Procedure; and (B) the Formal Investigation Procedure.

A. Informal Resolution Procedure

The Informal Resolution Procedure may not be used in an effort to resolve

allegations of sexual violence, domestic or dating violence or stalking. If you

seek to make such a complaint, the Formal Investigation Procedure in Section

B will apply. Where appropriate, the parties to a dispute may attempt to reach an

informal resolution of the potential complaint. The College encourages involved

parties to request the intervention of the institution to assist in an informal resolution

by contacting the EO Officer.

In conference with the Title IX Coordinator and others as necessary, the EO Officer

or his/her designee will assess the request for informal resolution against the severity

of allegations and the potential risk of a hostile environment or safety concern for other

community members. If an informal resolution is appropriate, the EO Officer will notify

the parties. The College will not ask a complainant to resolve a problem with a

respondent without the involvement of the EO Officer or his/her designee.

The EO Officer or his/her designee will facilitate a dialog with the parties in an

attempt to reach a resolution. At no time shall a respondent question or confront a

complainant, or engage a third party to do so, as such conduct may constitute

intimidation and/or retaliation, both of which are strictly prohibited under William

James College Policy Against Discrimination, Discriminatory Harassment and

Retaliation and the Policy Against Sexual Violence. The matter will be deemed

resolved when all parties expressly agree to an outcome that is acceptable to them

and to the institution, which will make every attempt to conclude the Informal

Resolution Process within sixty (60) days of the date of the complainant’s request.

A complainant is not required to use the Informal Resolution Procedure before

initiating the Formal Investigation Procedure, and a party may withdraw from the

Informal Resolution Procedure at any time.

B. Formal Investigation Procedure

Submission of Complaint and Initial Review

When a person believes that she/he has been harassed, discriminated or retaliated

against or subjected to violence in violation of William James College Policy Against

Discrimination, Discriminatory Harassment and Retaliation and/or Policy Against

Sexual Violence, she/he may file a written complaint using the Complaint Form at

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Section IV of these procedures.

Persons are encouraged to file complaints directly

with the EO Officer, but complaints may also be filed with other offices or officers, such

as the Title IX Coordinator or Deputy Coordinator, Human Resources or the Dean of

Students. Any complaint alleging harassment, discrimination, retaliation or violence in

violation of the Policy Against Discrimination, Discriminatory Harassment and

Retaliation and/or Policy Against Sexual Violence initially filed with other offices or

officers will be transferred to the EO Officer.

In certain circumstances, the College may initiate the complaint investigation and

resolution procedures without the filing of a written complaint or the active participation

of a complainant. Complaints may be generated upon receipt of a report by a

complainant or by a third-party reporter, such as, but not limited to, a friend, spouse,

family member, advisor, parent or coworker.

A complaint must be filed by the complainant or a College official, and the

complaint must be in the words of the complainant or the College official. Complaints

should contain all known facts pertaining to the alleged violation, the names of any

witnesses and others with knowledge of the allegations, and an identification of any

documents or other evidence.

The EO Officer or his/her designee will determine if the complaint falls within the

jurisdiction of these procedures. When complaints allege sexual violence, sexual or

gender-based harassment, domestic or dating violence, stalking and/or retaliation, the

EO Officer or his/her designee will refer them to the Title IX Coordinator for

jurisdictional evaluation and review. At this point, the College will implement any

necessary or appropriate interim protective measures, or monitor and/or revise any

measures already in place. If the EO Officer or Title IX Coordinator, or a designee,

determines that the matter is not properly filed pursuant to these procedures, she/he

will provide written notice to the complainant (or third party reporter).

Investigation Process

If a complaint has been properly filed, or the College otherwise determines that an

investigation is necessary, the William James College will assign the matter to an

Administrative Investigator. The College may also designate other trained and

knowledgeable institution officials to assist with the investigation. The Administrative

Investigator will promptly notify the respondent of the complaint, provide him or her

with a copy of the complaint, and ask him/her to submit a written response to the

complaint. See Section V (Notice to Respondent). If the respondent does not

respond, or otherwise fails to participate in the investigation, the Administrative

Investigator will complete the investigation on the basis of the other information

obtained. Where a complaint is initiated by a third party reporter, the Administrative

Persons who believe that they have been the victim of the conduct prohibited by the Sexual Violence Policy also

have options to report incidents in a confidential manner; victims are encouraged, but not required, to file complaints

pursuant to these Procedures. Please see the Sexual Violence Policy for more information on reporting options.

82 | Page

Investigator shall attempt to meet with the potential complainant to discuss his/her

participation in the investigation and gain additional information.

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OFFICE OF RESEARCH: POLICY

The values of research, scholarship and evidence based practice are central to William

James College (WJC). To support these values, the Office of Research has developed

policies to foster the execution of responsible and ethical research. All investigators

(faculty, staff, professionals and students) must comply with these policies while

conducting research at WJC, or while affiliated with WJC.

The Office of Research policies and procedures consist of five different areas:

1. The WJC Institutional Review Board (IRB)

2. Research Participant Recruitment (extramural and intramural)

3. Institutional Research Requests

4. Institutional Data Requests

5. Review and Approval of Sponsored Program Proposals

1. Institutional Review Board (IRB)

Review, Approval and Oversight of Research

The Institutional Review Board (IRB) (sometimes referred to as a Human Subjects

Committee, or Human Research Committee), is the institutional group charged by WJC

with the responsibility and authority to review and approve all human subjects research

conducted by or with members of the WJC community prior to beginning any research-

related activities.

First, the IRB evaluates each protocol to determine the level of review that will be

required. Does a proposed activity constitute “research?” If it is “research,” does it

involve “human subjects?” If it is “research involving human subjects,” does it qualify for

exemption from IRB review? If it’s not exempt, does it qualify for expedited review? Or,

will it require full IRB review? All these determinations are based on a highly codified

set of ethical and legal considerations, all with the intent of minimizing the risks

associated with research participation and ensuring that those risks are offset by

potential benefits to be derived from the research. These determinations are made

within a context that respects the rights of individual participants to make informed

choices in deciding whether or not to participate in a specific research project.

Regardless of the type of research undertaken, all research protocols must go through

the IRB. The IRB application for review can be found at IRB Protocol Review on

MyCampus. All key personnel (Principal Investigator and co-investigators) must have

successfully completed the C.I.T.I. Human Subjects certification (or its approved

equivalent – see following sections) prior to IRB review. In addition to the protocol

review application, the investigator must submit all materials used in the research as

well as signed Conflict of Interest form(s). Once an individual has submitted all the

required documents, the IRB determines which level of review is required for each

project (exempt, expedited, or full). The IRB bases these determinations on the federal

regulations for conducting research.

84 | Page

WJC has a Federal-wide Assurance (FWA #00017733) that has been approved by, and

is on file with, the U.S. Department of Health and Human Services (HHS) Office of

Human Research Protections (OHRP). The FWA is included as an appendix to this

IPPM and is incorporated in its entirety into this policy and procedures statement. The

FWA provides federally compliant and approved written procedures which the IRB

follows for:

1. conducting its initial review of research;

2. conducting its continuing review of research;

3. reporting its findings and actions to investigators and the institution;

4. determining which projects require review more often than annually;

5. determining which projects need verification from sources other than the

investigators that no material changes have occurred since previous IRB review;

6. ensuring prompt reporting to the IRB of proposed changes in a research activity,

and for ensuring that such changes in approved research, during the period for

which IRB approval has already been given, may not be initiated without IRB

review and approval except when necessary to eliminate apparent immediate

hazards to the subject; and

7. ensuring prompt reporting to the IRB, appropriate institutional officials, and

Department or Agency head, and OHRP of: (a) any unanticipated problems

involving risks to subjects or others; (b) any serious or continuing noncompliance

with federal regulations or the requirement or determinations of the IRB; and (c)

any suspension or termination of IRB approval.

Research protocols that are exempt (see qualifiers on OHHS website or on IRB

Protocol Review application) do not require formal IRB review, but must be submitted

for an IRB administrative review. This ensures all documentation is correct and the

project meets federal regulatory standards. Protocols eligible for expedited review

(again, see OHHS website or IRB protocol review application) are assigned to one or

more IRB members for review and feedback. Those projects designated as expedited

will be given feedback for the investigator to address and resubmit for approval. For

research involving more than minimal risk to participants, or involving protected

vulnerable populations, a full review is required. Convened IRB meetings take place on

an “as needed” basis as projects arise. Please note the IRB review process is an

iterative one, sometimes requiring multiple reviews or resubmissions before final

approval is granted.

Continuing Review of Approved Protocols

All protocols that have been approved by WJC’s IRB are subject to continuing review.

Typically, protocols that are reviewed will be granted approval for a period not to exceed

one year from the date that the original protocol was approved (subject to the usual

conditions concerning adverse events and/or procedural errors). Please note that

research that involves significant risk may be approved for periods less than one year

(e.g., six months). Two weeks prior to the protocol’s expiration date, the investigator

must submit a Continuing Review Application to the IRB. If the active IRB approval

lapses, all research activities must cease until the continuing review application has

85 | Page

been reviewed and approved. Conducting research activities under a lapsed protocol

constitutes serious legal and ethical misconduct.

Data Retention Policy

After an investigator has completed collecting, analyzing and reporting, research data

must be retained and maintained securely for a period of at least 5 years. If the data

includes personally identifiable information (PII), the data must be securely stored as

described in the original IRB-approved protocol.

Personally identifiable information (PII) is ― “any information about an individual

maintained by an agency, including (1) any information that can be used to distinguish

or trace an individual‘s identity, such as name, social security number, date and place of

birth, mother’s maiden name, or biometric records; and (2) any other information that is

linked or linkable to an individual, such as medical, educational, financial, and

employment information.”ǁ

[Source: GAO Report 08-536, Privacy: Alternatives Exist for Enhancing Protection

of Personally Identifiable Information, May 2008,

http://www.gao.gov/new.items/d08536.pdf]

Examples of PII include, but are not limited to:

• Name, such as full name, maiden name, mother’s maiden name, or alias

• Personal identification number, such as social security number (SSN), passport

number, driver’s license number, tax payer identification number, or financial

account or credit card number

• Address information, such as street address or email address

• Personal characteristics, including photographic image (especially of face or

other identifying characteristic), fingerprints, handwriting, or other biometric data

(e.g., retina scan, voice signature, facial geometry)

• Information about an individual that is linked or linkable to one of the above (e.g.,

date of birth, place of birth, race, religion, weight, activities, geographical

indicators, employment information, medical information, education information,

financial information)

[Source: Nat’l Inst of Standards & Technology, U.S. Dept. of Commerce, Guide to

Protecting the Confidentiality of Personally Identifiable Information (PII),

http://nvlpubs.nist.gov/nistpubs/Legacy/SP/nistspecialpublication800-122.pdf]

This policy was created to ensure proper maintenance, retention and protection of

confidential data. Each investigator has the responsibility of maintaining his/her raw

data for a period of at least five years. Should a breach of confidentiality reasonably

place a participant at risk, the raw data must be maintained securely (password

protected and encrypted).

This risk is outlined in the Code of Federal Regulations 45CFR§46.101(b)(2):

86 | Page

Research involving the use of educational tests (cognitive, diagnostic, aptitude,

achievement), survey procedures, interview procedures or observation of public

behavior, unless:

(i) information obtained is recorded in such a manner that human subjects

can be identified, directly or through identifiers linked to the subjects; and

(ii) any disclosure of the human subjects' responses outside the research

could reasonably place the subjects at risk of criminal or civil liability or be

damaging to the subjects' financial standing, employability, or reputation.

However, if the risk is greater, the IRB may waive or modify the data

retention/maintenance policy in the interest of human subject protections. For example,

the researcher may be asked to maintain de-identified (sanitized) data records, records

from which any PII has been removed or redacted. This information, when sanitized,

can be kept indefinitely. Any data that can be linked to individual respondents should be

destroyed after a period of five years, consistent with American Psychological

Association (APA) recommendations. According to the APA Publication Manual (6th

ed., 2009):

Authors are expected to retain raw information for a minimum of five years after

publication of the research. Other information related to the research (e.g.,

instructions, treatment manuals, software, details of procedures, code for

mathematical models reported in journal articles) should be kept for the same

period; such information is necessary if others are to attempt replication and

should be provided to qualified researchers on request.

After 5 years, personally identifiable data must be destroyed using a secure, verifiable

process or de-identified (stripped of unique identifiers that would permit linking the data

to the individual participant). De-identified datasets (datasets that contain no PII) may

be retained indefinitely.

Human Subjects Certification

In addition to review, approval and oversight of research activity, the IRB is also

charged with assuring that all key personnel involved in research have the necessary

knowledge base to engage in these activities. To this end, WJC maintains a

subscription with the Collaborative Institutional Training Initiative (CITI) Program, one of

the nation’s leading resources for research ethics education. CITI provides an

extensive array of learning modules designed to cover different research disciplines and

practitioners. Consistent with the needs of various WJC programs, WJC’s Office of

Research has selected the required and optional modules that must be completed by all

members of the WJC community who will have key roles in the planning,

implementation, and/or oversight of research. This includes all students who will be

conducting human subjects research (whether as part of their own research or on

someone else’s), all faculty who will be conducting human subjects research and/or who

supervise student research as principal investigators, chairs, or readers of student

research projects, and all other members of the WJC community who may be actively

87 | Page

involved in research (e.g., research assistants, administrative assistants involved in

data entry, transcription, filing, etc.).

To be certified, an individual must log onto the CITI website https://www.citiprogram.org.

New users must register. Please use your WJC email name format (i.e.,

firstname_lastname) and then log into WJC’s protected CITI site. Once you’ve entered

the site, you will be instructed to select the curriculum appropriate to your learner group.

Except as indicated below, most faculty, students and staff involved in research should

identify themselves as “Social & Behavioral Research Investigators” in response to

Question 1. Those working in health psychology and/or engaged in the conduct of

biomedical research should select that group. A third learner group is designed for

“students conducting no more than minimal risk research,” and is appropriate for

students collecting data for in-class projects, typically associated with a research

course. There is a section on Good Clinical Practice, as well as one that deals with

“Health Information Privacy & Security.” The curriculum is tailored to your role and

needs, and assembles the modules that must be successfully completed to receive

certification.

Each module concludes with an online quiz. Your scores will be automatically shared

with the Office of Research at WJC, which will monitor all members of the WJC

community’s IRB certification. Please be advised that depending on your prior

familiarity with the material, your role (e.g., student, faculty, staff), and your own learning

style, completing the certification may take 3-4 hours total, or more. You may choose to

tackle only 1 or 2 modules at a time. Record of your successful completion will be

accumulated in the institutional gradebook that CITI maintains.

Also note that IRB certification has a continuing education component. Within 3 years

of receiving your initial certification, for those of you still affiliated with WJC, you will be

required to successfully complete a Stage 2: Refresher Course that consists of 5

refresher modules. Based on the CITI Program’s recommendations, the WJC Office of

Research has selected modules that are salient to the types of research being

conducted at WJC and likely to be pursued by its faculty and its graduates. There is

some flexibility in terms of optional modules that may be pursued depending upon

specific interests and needs. For example, a module on working with incarcerated

individuals may be relevant to faculty and students working in WJC’s forensics

programs, but may not be of particular interest or relevance to other members of the

community.

Conflict of Interest

In conjunction with ensuring all investigators have the knowledge base needed to

conduct research, the IRB requires notification of any possible conflicts of interest that

researchers may have with their investigation. It is essential to assure the continued

confidence of the public in their judgment of research investigators, and in the

dedication of research institution’s to the integrity of their research. In this regard, the

IRB requires a Conflict of Interest Form for each investigator/sub-investigator who is

directly involved with research involving human subjects in the covered protocol. The

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strength of this assurance is based on the assumption that scholars are honest and

conduct their research with the highest standards and integrity.

This policy is intended to serve human subjects research. This policy is not intended to

eliminate all situations of conflict of interest, but rather to enable individuals to recognize

situations that may be subject to question and resolve them so as to avoid conflicts of

interest. Thus an integral part of the policy is disclosure whereby individuals regularly

review their professional activities.

Individuals directly involved in the conduct, design, or reporting of research involving

human subjects should not have more than a minimal personal financial interest in an

institution that sponsors the research or owns the technology being studied. A conflict of

interest arises when a researcher is or may be in a position to put his/her own interest

before the best interests of research subjects. Conflicts involving the IRB itself or

conflicts involving the institution must be managed. In order to manage such conflicts,

the IRB must be informed of potential conflicts of interest. Researchers submitting

protocols using human subjects must disclose all interests that may be perceived as a

conflict with the best interest of the subject in order for the research to be considered for

approval.

Based on the information submitted by the researcher for review, the IRB may

determine that:

1. No conflict exists, or

2. A conflict exists and must be disclosed to the subjects in the informed

consent statement, or

3. A conflict exists and the researcher must resolve the conflict before the

research can be approved.

Examples of Reportable and Non-Reportable Activities for Conflict of Interest

1. Non-Reportable Activities

The following activities and relationships do not need to be reported and do not

represent a conflict of interest because they have been generally accepted practices

and do not violate fundamental ethical principles.

a. Receiving royalties for published scholarly works and other writings.

b. Accepting honoraria for commissioned papers and occasional lectures.

c. Receiving payment for reasonable travel and lodging expenses related to

presentations of scholarly work or to a person’s academic endeavor.

d. Investing in mutual funds.

e. Payments for clinical research to an approved practice corporation or to a

department fund for salary or other expenses of conducting clinical trials.

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2. Reportable Activities

a. Conducting research in applied and/or clinical research on a technology

developed by the investigator or a member of his/her immediate family

(spouse, children, parent, in-laws, siblings).

b. Conducting research in applied and/or clinical research on a technology

developed by a faculty member or other employees of the institution.

c. The financial relationship of an investigator or his/her immediate family

member with the sponsor of his/her research (acting as scientific advisor

or consultant, or receiving honoraria exceeding $5,000 annually, or acting

as director or other executive).

d. Conducting applied and/or clinical research on a technology owned by a

business in which the investigator or a member of his/her immediate

family holds 5% or more of the outstanding stock or stock options.

e. Conducting applied and/or clinical research on a technology owned by a

business in which another faculty member or other employee of the

institution holds 5% or more of the outstanding stock or stock options.

f. Conducting applied and/or clinical research on a technology owned by a

business in which another faculty member or other employee of the

institution holds a position of senior management officer, or directory of

the company.

g. Receiving royalties under institutional royalty-sharing policies from

marketing the drug, device or procedures that is the subject of the

research.

h. Receiving payments directly from the sponsor, rather than through the

University or an approved practice corporation, for recruiting subjects.

2. Research Participant Recruitment

Extramural Requests

WJC frequently receives requests to recruit community members to participate in survey

or other types of research. We are committed to research and evaluation activities that

can provide insight into and advance psychological theory, practice, education, research

and policy. To expedite the process, to manage potential risks associated with

proposed research, and to keep the burden on the WJC community manageable, all

requests for research participation must comply with the school’s policy.

Any external individual or organizational entity not affiliated with WJC who seeks to

recruit research participants through WJC must submit an application to WJC’s Office of

Research for review and approval. WJC will only consider requests for participation that

have been reviewed for use by a federally certified Institutional Review Board (IRB). To

be eligible, the proposed research protocol will have been determined by the applicant’s

IRB-of-record to be (1) exempt from federal policy according to federal statute; or (2)

approved for use through an expedited review procedure; or (3) approved for use

through full IRB review. Documentation of IRB review and approval must be provided

as an attached document.

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Each applicant must complete an Extramural Research Recruitment Request Form and

submit it to the Office of Research ([email protected]). Once a complete application

has been submitted, WJC’s Office of Research will review the request within 10

business days, and send an email with the resulting decision to the address provided by

the applicant. If approved, the recruitment request will be posted on the Office of

Research website page that has been set up for that purpose [it may also be posted on

the Community Bulletin Board that may be established for that purpose]. An abbreviated

title and brief description will be included in the list of approved intramural and

extramural research recruitment requests that are sent out periodically to members of

the WJC community.

Any follow-up requests or modifications must be sent to the Office of Research prior to

implementation. It will be the responsibility of the applicant to notify WJC’s Office of

Research of any Adverse Events that may occur using the protocol (regardless of where

the participant was recruited), as well as any proposed modifications in the research

protocol, as these may affect our decision for local permission.

WJC reserves the right to reject requests that are judged not to be in the best interest of

the individual respondents, the institution, and/or the profession.

Intramural Requests

Members of the WJC community (primarily students and faculty) may be interested to

recruit research participants through other members of our community, either directly or

indirectly by requesting that recipients share or forward the request to others with whom

they might be familiar or connected. We are committed to research and evaluation

activities that can provide insight into and advance psychological theory, practice,

education, research and policy and we wish to support members of our community who

actively engage in this pursuit. To keep the burden on the community manageable,

students and faculty may not use WJC email or email lists to recruit research

participants from within the WJC community. Intramural requests for research

participation may be posted on the Community Bulletin Board that has been set up for

that purpose. Electronic and/or hard copy posts on physical bulletin boards are both

permitted. All intramural recruitment requests must be for protocols that have been

reviewed and approved for use by WJC’s IRB prior to their posting.

Students and faculty are also encouraged to submit a completed Intramural Research

Recruitment Request Form to the Office of Research (at [email protected]). This is a

much shorter form than that required for extramural requests. Once received, the

recruitment request will be posted on the Office of Research website page that has

been set up for that purpose, and an abbreviated title and brief description will be

included in the list of approved intramural and extramural research recruitment requests

that are sent out periodically to members of the WJC community.

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3. Institutional Research Requests (primarily for Administrators & Staff)

As a growing institution, it is increasingly important to ensure that decisions are based

on sound quantitative and qualitative evidence. The Office of Research may be called

upon to complete research to demonstrate that WJC is accomplishing its stated

mission, that there is ongoing improvement and that our students are successful

(among other institutional goals). Through self-studies, the Office of Research uses

institutional data to assist in program improvement, institutional planning and policy

development.

Any individual or organizational entity seeking to request institutional research must

submit a request to the WJC’s Office of Research for review and approval. A “research

request” is defined as any individual, committee or WJC affiliate who seeks to gain

institutional knowledge of WJC. This knowledge must be generalizable to the

community and useful in informing WJC decisions. Requests will be reviewed and given

priority based on the availability of the Office of Research to complete the proposed

self-study.

The Office of Research will provide an initial response to research requests within 5

business days. Specific research requests may take longer depending upon the

research project sought and the degree to which reporting may need customization.

Estimated time to completion will accompany the initial response.

4. Institutional Data Requests

WJC maintains several internal databases and frequently receives requests for data

and reports from them. To expedite the process of data requests; to manage potential

risks associated with data sharing; to ensure federal compliance (FERPA, HIPAA,

other); to track how these data are intended to be used; and to provide accurate, timely

and efficient access to appropriate information, all data requests must comply with the

school’s policy.

Any individual or organizational entity seeking to request data from any database

managed by WJC must submit a request to WJC’s Office of Research for review and

approval (using the Data Request Policy Form). The Office of Research will provide an

initial response to requests within 5 business days. Specific data reports may take

longer depending upon the data sought and the degree to which reporting may need

customization. Estimated time to completion will accompany the initial response.

Unless otherwise permitted for internal administrative use, all shared data will be purged

of unique identifiers. Recipients of all data must agree to be bound by the appropriate

use, maintenance, confidentiality, and reporting restrictions accompanying data release.

The appropriate use policy includes the following data security guidelines:

Data maintained by WJC contain personal information about individuals. This

information is protected by the Federal law known as the Family Educational Rights and

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Privacy Act of 1974 (see FERPA). To protect the confidentiality of this information, the

following guidelines are in place and required of everyone who accesses WJC data:

• FERPA training is required of all persons accessing confidential WJC data. WJC

has resources and options through our subscription to CITI for training.

Researchers must provide proof of the completion of FERPA training before they

can be granted access to WJC data.

• A Confidentiality Agreement must be signed and renewed annually for a

researcher to gain access to WJC data. Your signature on the Confidentiality

Agreement acknowledges that you have read and understand the terms of the

agreement. Your signature also confirms that you agree to comply with the

terms of these documents. Please direct any questions concerning data security

to the Assistant Director for Institutional Research of the WJC Office of

Research.

• WJC data to be used for research purposes may be used only for research

projects that have been specifically approved by the WJC IRB.

• Permission to use WJC data is granted for a fixed amount of time and may be

renewed as needed at the discretion of the Associate Vice President for

Research. Permission may be revoked at any time. Immediate termination of

access will result in cases where there is significant risk of unauthorized

disclosure of confidential information or violation of security guidelines.

• Research results must be reported in a manner that does not enable audiences

to learn about individual persons in the data. For example, groups for which

aggregate statistical summaries are presented must include at least five persons.

• All research products (reports, summaries, presentations, proposals, etc.) that

reference, contain, or are based on WJC data must be FERPA-compliant. All

such products must be submitted for review and approval for release.

• Prior to review and approval for release, all data must physically and

electronically reside within the WJC IT system. WJC data files, working data

sets, summary data, and individual records may not be removed from WJC in

any form, including printed copies. All data processing of the WJC data must take

place within the WJC’s controlled system environment.

• Each research project is assigned a working directory that is shared by all

researchers working on that project. In addition, individual researchers are

granted access to a workspace and directory for their own use. All researchers

working on a project should work primarily in the shared project directory, storing

all work there and organizing it as they see fit through the creation of

subdirectories, etc.

• Researchers are to provide the WJC Office of Research with regular updates

regarding progress and changes to their projects. This includes, but is not limited

to, changes and extensions to the research hypotheses and project personnel.

Any extension of research that can be reasonably interpreted as a new research

project requires approval from the Office for Research and execution of a new

Confidentiality Agreement.

93 | Page

To fulfill its responsibilities, WJC may periodically ask for information related to ongoing

research projects. Timely response to these requests is a condition for continued

access to WJC data.

5. Review and Approval of Sponsored Program Proposals

All formal proposals submitted to external sources with the intent of procuring funds

through some form of binding agreement between that source and William James College

(WJC), must be reviewed and approved for submission prior to receiving the signature of

the President of WJC or his/her designee.

WJC supports and encourages faculty, students and staff to identify and pursue funding

opportunities that are consistent with the school’s values and mission, and will help to

advance them. All materials that bear the imprimatur of WJC represent the institution and

should be a positive reflection on the school, its people, its practice and its values.

Proposals to would-be funders are especially important. Not only can they be a critical

resource for current initiatives, but they represent an investment in future efforts. A poorly

crafted proposal is not likely to receive funding. In addition, a submission that does not

meet basic professional standards of quality reflects badly on the institution and can

jeopardize future efforts to seek support.

Given WJC’s current size and grant-seeking activities, there is less immediate concern

about coordinating development efforts. However, it will be important as the institution

grows, to make sure WJC presents a well-managed, coordinated, and unified front as we

pursue external funds. As such, it will be important to have a single point of contact to

coordinate reviews and submissions, and in the event of conflict, to resolve potentially

competing interests.

Procedures:

This policy focuses exclusively on the proposal narrative, the section of the proposal that

typically provides an overview (an abstract), a statement of the problem, a review of

current research and practice as they ground the proposed work, and a clear description

of what you propose to do. While there are certain standard elements for research

proposals, this policy is not limited to research.

1. Applicants are encouraged to give notice of a potential proposal early in the

process. Please submit a Proposal Review Request Form to the Office of

Research [the form is available online at the Office of Research website. Complete

Parts 1 and 2 to the best of your ability at the time of the submission. The

completed form should be sent by email to the Office of Research

([email protected]).

2. Please update the Office of Research if the submission status changes.

3. At least one week prior to the submission deadline

, submit the following to the

Submission guidelines may vary with respect to “due date,” which will affect when the submission needs to be signed by an

authorized signatory (typically, the President or his/her designee). For electronic submissions, the due date may be the date by

which the complete submission must be uploaded to the funder’s webpage. For paper submissions, some sponsors require the

94 | Page

Office for Research:

a. A completed copy of the Proposal Review Request Form [please update

Part 1];

b. A near-final draft of the proposal narrative;

c. A copy of the submission guidelines and requirements as set forth by the

funder:

i. This may be a letter inviting a proposal;

ii. A more general written solicitation;

iii. Requirements as they appear on the funder’s website; and/or

iv. A copy of the Request for Proposal (RFP), Request for Applications

(RFA) or Program Announcement (PA)

4. The Office of Research will review the submitted narrative and evaluate it against

the following criteria:

a. Is the proposal substantively responsive to the solicitation

b. Does the statement of the problem (or needs statement) adequately

establish the need for the proposed activity?

c. Does the narrative provide sufficient background in the empirical literature

and/or anecdotal experience to justify or ground the proposed approach to

the issue?

d. Does the proposed approach flow directly from the literature cited and is it

responsive to the problem as presented?

e. Does the proposed approach have an internal logic such that the

intervention targets specific areas that the literature have implicated in the

development, progression, or resolution of the problem area being

addressed?

f. If the proposal includes research and evaluation activities, are these

consistent with the tenets of good science?

g. Is the proposal doable? Can the proposed activities be successfully

implemented in the time allotted and with the resources sought? Are the

outcome objectives likely to be realized in the time available for follow up?

If successfully implemented, will the proposed activity(ies) likely achieve the

desired outcomes and impacts?

h. Is the proposal sufficiently well written so as to share with an external

funder?

5. The Office of Research will provide written feedback to the Principal Investigator

within 3-5 business days. The earlier the narrative can be submitted to the Office

of Research for review, the more time the proposal writing team will have to

respond to and/or incorporate the reviewer(s)’s comments.

6. The investigator must submit a revised proposal based on the Office of Research’s

feedback. The resubmission should be accompanied by a cover letter that

document to be postmarked by the due date and received no later than one week (or other specified time period) later. Some

sponsors will require RECEIPT of the document before close of business on a particular due date. While these distinctions may

seem trivial compared to the concept for which funding is sought, it is important to pay careful attention to them. Proposals that

are not submitted properly (everything from due dates to font sizes, margins, and page length) will likely be seen as non-

responsive. They typically will not be reviewed; there will be no feedback from reviewers; and they will not be funded.

The primary focus of the Office of Research review is for the substantive quality of the proposal narrative. Final responsibility

for both the quality of the proposal as well as its compliance with the submission requirements rests with the Principal

Investigator and the proposal writing team.

95 | Page

identifies in detail, and on a point-by-point basis, the team’s response to the

feedback, noting the specific changes made in the proposal.

7. Based on this iterative substantive review process, the Office of Research will

make a final recommendation to the President (or his/her designee) regarding the

quality of the proposed submission as well as a recommendation to submit, defer

or not submit.

8. Separate from the narrative review, the Principal Investigator must work with

WJC’s Office of Finance to address all budgetary aspects of the proposed work.

Following their review process, a recommendation will be made to the President

(or his/her designee).

9. The decision of the President will be binding.

96 | Page

ALCOHOL AND DRUG-FREE CAMPUS POLICY

I. PURPOSE AND SCOPE

William James College is committed to providing students, employees and

visitors a safe and healthful campus. The unlawful use of drugs and alcohol impairs the

safety and health of students and employees, lowers the productivity and quality of work

performed, and undermines the public’s confidence in the institution and its services.

Only in an environment free of substance abuse can William James College fulfill its

mission of developing the professional, social, cultural and intellectual potential of each

member of its community. For these reasons, the College prohibits the unauthorized

use of alcohol and the unlawful manufacture, distribution, dispensation, possession or

use of a controlled substance on campus and at all William James College activities.

This Policy is designed to comply with the Drug-Free Workplace Act of 1988

(Pub. L. 100-600, 11-18-88), which requires federal grant recipients to take action

aimed at establishing and maintaining drug-free workplaces, and the Drug-Free Schools

and Communities Act Amendments of 1989 (Public Law 101-226), which require that

“as a condition of receiving funds or any form of financial assistance under any Federal

program, an institution of Higher Education...must certify that it has adopted and

implemented a program to prevent the unlawful possession, use, or distribution of illicit

drugs or alcohol by students and employees.”

This Policy applies to all students and employees, except those regulated under

federal or state drug laws to the extent that this Policy conflicts with such laws. A copy

of this Policy will be provided annually to every student and employee.

If it is determined that a violation of this policy has occurred, disciplinary action

up to and including termination of employment, expulsion of students, and referral for

criminal prosecution may result as deemed appropriate. All members of this community

- faculty, staff, and students - are urged to carefully and seriously reflect on their

personal responsibility to remain drug free and, further, to demonstrate care and

concern for others through timely intervention, support, and referral.

Pursuant to the Drug-Free Schools and Communities Act Amendments of 1989,

the institution will evaluate the effectiveness of this Policy every two years and will make

any necessary amendments to enhance and improve the institution’s environment.

William James College will notify all students and employees of any amendments to the

Policy.

II. DEFINITIONS

A. “Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol, or

other low molecular weight alcohols including methyl or isopropyl alcohol.

B. “Controlled substances” refers to any drug or substance whose use is legally

prohibited as defined in Sections I through V of Section 202 of the Controlled

Substances Act, 21 U.S.C. § 812 et seq., including, but not limited to: narcotics (opium,

heroin, morphine, and synthetic substitutes); depressants (chloral hydrate, barbiturates

and methanqualones); stimulants (amphetamines, cocaine and cocaine derivatives

97 | Page

such as crack); hallucinogens (LSD, mescaline, PCP, peyote, psilocybin, and MDMA);

and cannabis (marijuana and hashish).

C. “Drugs” means any substance taken into the body, other than alcohol, which

may impair one’s mental faculties and/or physical performance.

D. “Premises” means any building, structure, vehicle, improved land, or

unimproved land, in whole or part, which is owned, used, or occupied by the College.

III. HEALTH RISKS

A. Alcohol. Alcohol is a depressant that affects the central nervous system. It

is absorbed directly into the bloodstream from the stomach and intestines and it reaches

the brain quickly, slowing down the parts that control thinking and emotion. In large

doses it dulls sensations and impairs muscle coordination, memory and judgment.

Alcohol is a drug for which the potential exists for physical and/or psychological

addiction. Alcohol can be mentally and physically destructive, reducing a person’s life

span by 10 to 12 years. Alcohol abuse may result in: heart, brain, liver, and other

organ damage, malnutrition, high susceptibility to infectious diseases, permanent

damage to the nervous system, deterioration of memory, judgment and learning ability,

and inability to grasp reality. Excessive drinking is also involved in a major portion of

highway accidents, domestic abuse, assaults, suicides and homicides.

B. Tobacco. Some 350,000 Americans die annually from diseases related to

tobacco use. Nicotine, the addictive ingredient in tobacco, stimulates the central

nervous system and is physically and psychologically addictive. Nicotine irritates lung

tissue and increases blood pressure. One in six deaths in the United States is smoking-

related and smoking is the most common cause of cancer deaths. Smoking is the

major cause of chronic bronchitis and emphysema and also causes pneumonia, heart

disease, blood vessel disease, and stomach ulcers.

C. Marijuana. Marijuana is primarily used by smoking the dried leaves of the

cannabis plant. The high derived from smoking marijuana comes from tetra-

hydrocannabinol (THC) contained in the plant. The user experiences euphoria, a sense

of time passing slowly and distorted perceptions. Others experience confusion, anxiety,

disorientation and paranoia. Marijuana is psychologically addictive and contains four

times as much cancer causing tar as one cigarette. It contains 426 chemicals in its

smoke and has been linked to lung disease, cancer, genetic damage, lowered

immunity, and impaired physical and psychological development.

D. Prescription Drugs. Legal prescription drugs are often the first abused drugs.

Valium and Librium are the most commonly abused prescription drugs. Tranquilizers

and sedatives are both depressants that dull the central nervous system. Even in small

amounts, these drugs slow reaction time, decrease eye-hand coordination and interfere

with judgment. Alcohol greatly increases the effects and can cause a potentially

dangerous overdose.

E. Hallucinogens. Hallucinogens, such as LSD, mescaline, mushrooms, PCP,

and MDMA (Ecstasy), are a class of drugs that produce profound psychoactive effects,

including profound alterations in sensation, mood and consciousness that may involve

senses of hearing, touch, smell or taste, as well as visual experiences that depart from

98 | Page

reality. Some hallucinogens also produce stimulant effects on the body. These

hallucinogens can produce psychological problems that include confusion, depression,

sleep problems, drug craving, severe anxiety, and paranoia. Psychotic episodes have

been reported. Increased heart rate, blood pressure, muscle tension, involuntary teeth

clenching, nausea, blurred vision, rapid eye movement, sweating, and chills are some of

the physical effects. Users of hallucinogens build tolerance requiring that they take

more of the drug to achieve the same effects. Some of the hallucinogens have been

known to induce long-term or permanent psychosis. Risk of accidental injury or death is

greatly increased with hallucinogen use.

F. Cocaine. Cocaine, a stimulant to the central nervous system, is a very

addictive drug. One of the most popular forms of cocaine is crack, a cheaper form of

the drug. Cocaine creates a high in the user, which causes alertness, excitement,

talkativeness, over-confidence, and a lessened need for sleep. After the high, the

“crash” occurs including depression, restlessness, anxiety, and impaired concentration.

Repeated use of cocaine will lead to addiction and other complications, which may

include heart failure, family, and financial problems.

*Attachment A provides a more detailed analysis of the Use and Effects of Controlled

Substances.

IV. CRIMINAL PENALTIES

A. Alcohol Laws

1. The City of Newton prohibits and imposes fines for the public consumption

of any alcoholic beverages; possession of alcoholic beverages in

unsealed containers; and the drinking of alcoholic beverages in any public

building or on any public property, including parks, playgrounds, public

buildings, public parking lots and public ways, as well as private parking

lots and private ways to which the public has access. The City further

prohibits the advertisement of alcoholic beverages in or on public

buildings, facilities, land and in or on public transportation.

2. In Massachusetts, providing alcohol to persons under 21 years old is

punishable by a fine of $2,000, up to one year in prison, or both. Mass.

Gen. Laws Chapter 138, § 34.

3. Any person under 21 who purchases, attempts to purchase alcohol,

makes arrangements with another to purchase or procure alcohol,

misrepresents his/her age, or alters or falsifies his/her I.D. with intent to

purchase alcohol is punishable by a fine of $300. A conviction of this

crime will result in a driver’s license suspension of 180 days. Mass. Gen.

Laws Chapter 138, §34 A.

4. Persons in licensed alcohol establishments, upon request by an official,

must state their correct name, age, and address or may be fined up to

$500. Persons making, carrying, using, or selling altered or forged

identification or furnishing false information to obtain such identification

may be punished by a fine of $200 or incarceration for up to three months.

Mass. Gen. Laws Chapter 138, § 34B.

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5. Whoever alters, forges, or steals a driver’s license is punishable by a fine

of up to $500 or by incarceration of up to 5 years. A conviction of this

crime will result in a license suspension of one year. Mass. Gen. Laws

Chapter 90, § 24B.

6. Any person under 21 who knowingly possesses, carries, or transports

alcohol is punishable by a fine of $50 for a first offense and $150 for any

subsequent offense. A conviction of this crime will result in a driver’s

license suspension of 90 days. Mass. Gen. Laws Chapter 138, § 34C.

7. Whoever knowingly transports more than a personal limit of 20 gallons of

malt beverages, or three gallons of any other alcoholic beverage, or one

gallon of alcohol or its equivalent is punishable by a fine of up to $2,500,

or up to 6 months incarceration or both. Mass. Gen. Laws Chapter 138,

§ 22.

8. Whoever possesses an open container of alcohol in the passenger area of

any motor vehicle is punishable by a fine of $100 to $500. Mass. Gen.

Laws Chapter 90, § 241.

9. Driving under the influence of alcohol, marijuana, narcotics, depressants,

stimulants or glue vapors (Mass. Gen. Laws Chapter 90, §§ 24 and 24P)

carries the following penalties:

a. Breathalyzer test and license suspension:

SITUATION

LICENSE

SUSPENSION

Over 18 years old and refuses test ; 18-21 years old and

blows a .02 or fails to complete a prescribed treatment

program

180 days to 1 year

Under 18 and refuses test or consents to test and blows

a .02 or fails to complete a prescribed treatment

program; or is over 21 years old with a previous

conviction and refuses test

1 year

Over 21 with 2 or more previous convictions and refuses

test

18 months

b. In addition to the above penalties, one who is convicted, placed on

probation, or is granted a continuance without a finding or

otherwise pleads guilty to facts sufficient to convict for DUI may

also be assessed up to a $250 fee and a mandatory $50 fee.

Mass. Gen. Laws Chapter 90, § 24.

c. Once convicted of DUI, a person may be ordered to participate in a

driver education program, drug treatment program, drug

rehabilitation program, or any combination of the three. Mass. Gen.

Laws Chapter 90, § 2

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OFFENSE

PENALTY

First Offense

Fine:

$500-$5,000

Incarceration:

Maximum 2.5 years

License Suspension:

90 days-1 year (Under 18, 180

days)

Second Offense

Fine:

$600-$10,000

Incarceration:

Minimum 30 days; up to 2.5 years

License Suspension:

6 months-2 years (Under 18, 1

year)

Third Offense

Fine:

$1,000-$15,000

Incarceration:

Minimum 150 days; up to 5 years

License Suspension:

2-8 years

Fourth Offense

Fine:

$1,500-$25,000

Incarceration

Minimum 1 year; up to 5 years

License Suspension:

5-10 years

Fifth Offense

Fine:

$2,000-$50,000

Incarceration:

Minimum 2 years; up to 5 years

License Suspension:

Life

10. It violates federal law to manufacture, produce, or import intoxicating

liquors without a permit. Violators will be fined up to $1,000 for each

offense. 27 U.S.C. §§ 203 and 207.

B. State Drug Laws

1. Involving Minors in Drug Sale or Distribution – A person who knowingly

causes, induces, or abets a person under the age of eighteen to distribute

or dispense any controlled substance or to accept, deliver, or possess

money used or intended for procurement, manufacture, distribution . . . of

any controlled substance shall be punished by five (5) to fifteen (15) years

in state prison and a fine of $1,000 to $100,000. Minimum five (5) years

imprisonment is mandatory. (Refer to chapter 94C, section 32K of Mass.

General Law.). Trafficking and sale to minors carry much stiffer penalties

in terms of imprisonment and fines (Mass. General Law, chapter 94C,

sections 32E and F).

2. Simple Possession – The penalties for possession of the substances

outlined in Mass. General Law, chapter 94C, section 34, are punishable

by one (1) year or less of imprisonment or by a fine of not more than

$1,000 or both. Possession of heroin is punishable by two (2) years or

less in a house of correction or by a fine of not more than $2,000 or both

for the first offense. Possession of marijuana or a Class E substance is

punishable by not more than six (6) months in a house of correction or a

$500 fine or both. Possession of all other controlled substances is

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punishable by up to one year incarceration or a fine of $1,000 or both.

Mass. General Law, c. 94C, section 34.

3. Marijuana (decriminalized, but still illegal) – Possession of less than one

ounce of marijuana is now punishable in Massachusetts by a civil fine

rather than a criminal penalty. Cities and towns may impose additional

penalties for the public consumption of marijuana or THC. Mass. General

Law, c. 94C, Section 32L. Those under 18 years of age when cited for

possession of less than one ounce of marijuana must also complete a

drug awareness program. Mass. General Law, c. 94C, section 32M.

4. The following outline the penalties for distribution or trafficking drugs:

DRUG CLASS*

†

PENALTY

Imprisonment in state prison for not more than ten (10) years or in a

house of correction for not more than two and one half (2 1/2) years

or a fine of $1,000 - $10,000 or both.

Same as Class A

Imprisonment in state prison for not more than five (5) years or in a

house of correction for not more than two and one half (2 1/2) years or

a fine of $500 - $5,000 or both.

Imprisonment in a house of correction for not more than two (2) years

or a fine of $500 - $5,000 or both.

Imprisonment in a house of correction for not more than nine (9)

months or a fine of $250 - $2,500 or both.

*Refer to Mass. Gen. Law, c. 94C, § 31 for a description of the drug classes.

†

The exception is that special rules for distribution and trafficking have been crafted

specifically for marijuana. Mass. General Law, c. 94C, section 32E.

C. Federal Drug Laws

1. Penalties for possession with intent to manufacture, sell, dispense, or

distribute a controlled substance including heroin, cocaine, PCP, LSD,

Fentanyl, marijuana (in useable form or actual plants), methamphetamine

are the following:

FIRST OFFENSE

SECOND OFFENSE

Lower Amount*

Greater

Amount*

Lower Amount*

Greater

Amount*

PRISON

TERM

5-40 Years

10 years to life

20 years to life

If death or

serious injury

If death or

serious injury

If death or

serious injury

If death or

serious injury

102 | Page

occur: 20 years to

life

occur: 20 years

to life

occur: Not less

than life

occur: Not less

than life

FINE

Individual - not

more than $2

million; Other

than individual-

not more than $5

million

Individual - not

more than $4

million; Other

than individual -

not more than

$10 million

Individual - not

more than $4

million; Other

than individual-

not more than

$10 million

Individual - not

more than $8

million; Other

than individual -

not more than

$20 million

*Amounts vary by specific drug. See 21 U.S.C. § 841 for exact amounts for each drug and full

listing of drugs included in this statute or please view Attachment B. Penalties for attempt or

conspiracy to traffic or manufacture are the same as above. 21 U.S.C. § 846.

2. Anyone who is eighteen years old or older who distributes to anyone who

is under twenty-one years old is subject, for a first offense, to two times

the penalties listed above at item 1 for a first offense and is subject to

three times the first offense penalties listed above for a second or

subsequent offense. 21 U.S.C. § 859.

3. Anyone who manufactures or distributes within 1,000 feet of a school,

College or playground or within 100 feet of a public or private youth

center, public swimming pool, or video arcade facility is subject, for a first

offense, to two times the penalties listed above at item 1 for a first offense

and is subject to three times the first offense penalties listed above for a

second or subsequent offense.

4. Employing children to distribute near schools or playgrounds is subject to

three times the first offense penalties listed above at item 1. 21 U.S.C. §

860.

5. Anyone found in simple possession will be subject to up to one year of

incarceration and a $1,000 fine for a first offense; up to two years of

incarceration and a $2,500 fine for a second offense; and up to three

years of incarceration and a $5,000 fine for a third or subsequent offense.

21 U.S.C. § 844.

6. It is unlawful to open, rent, lease, use, maintain, manage, or own a place,

whether temporarily or permanently, for the purpose of manufacturing,

distributing or using controlled substances. Penalties for violation of this

law are up to 20 years incarceration or a fine of up to $500,000 or both;

and a fine of up to $2,000,000 for a company, corporation, etc. One who

violates this law may also be subject to civil penalties limited to the greater

of $250,000 or two times the gross receipts from the unlawful conduct. 21

U.S.C. § 856.

*Please see Attachment B to view the Federal Drug Trafficking Penalty Schedule.

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V. PROHIBITED CONDUCT UNDER THIS POLICY

A. Controlled Substances.

1. No person may use, possess, sell, manufacture, distribute, store or

dispense controlled substances on the College premises, as part of

any College-related activity, or in the workplace, except as authorized

under the College’s regulations or otherwise by the institution at any

time.

2. While William James College has no desire to intrude upon the private

activities of its employees and students when they are away from its

premises and not on the institution’s time, involvement with unlawful

drugs, including their manufacture or distribution, constitutes a severe

breach of accepted conduct and is also prohibited.

3. Any person on business on behalf of William James College, on or off

the institution’s premises, is prohibited from purchasing, transferring,

using or possessing illicit drugs or prescription drugs in any way that is

illegal.

4. Where available evidence warrants its doing so, William James

College will bring matters of illegal drug or controlled substance use to

the attention of appropriate law enforcement authorities.

B. Prescription Drugs.

1. Students and employees are prohibited from bringing prescription

drugs on the premises unless they have been prescribed by a licensed

physician. Such drugs can only be utilized by the person receiving

such a prescription in the manner, combination and quantity

prescribed. In instances where any employee holds a position which

the institution considers to be safety sensitive, it must be notified by the

employee that the use of prescription drugs on the job will not impair

the individual’s working abilities by a suitable statement from the

prescribing physician.

2. Employees are prohibited from being under the influence of legally

prescribed drugs in the workplace if such drugs prevent the employee

from performing the essential functions of the job or where the

employee poses a direct threat to himself/herself or to others while

using those drugs.

C. Alcohol.

1. No person may use, possess, sell, manufacture, distribute, store or

dispense alcohol on the institution’s premises, as part of any College-

related activity, or in the workplace, except as authorized under

regulations of the institution or otherwise by the William James College

at any time.

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VII. CONSEQUENCES OF ENGAGING IN PROHIBITED CONDUCT

A. It is a condition of enrollment and employment at William James College

that each person abide by the terms of this Policy.

B. Where appropriate, persons violating this Policy will be referred to local

authorities.

C. If an employee is directly engaged in the performance of work pursuant to

the provisions of a Federal grant or contract, the employee must notify the institution

of any criminal conviction under a drug statute or a violation occurring in the

workplace no later than five (5) days after such conviction. William James College

will notify the appropriate granting or contracting agency within ten (10) days after

receiving notice from the employee.

D. Within thirty (30) days of notification of a criminal drug statute conviction,

the institution will have the convicted employee undergo an assessment of drug use

and/or addiction. Subsequently, William James College will take appropriate

personnel action on behalf of the employee, at a minimum, requiring drug abuse

education, additional assistance, or rehabilitation and (if the severity and/or repetition

of convictions warrants it) actions consistent with existing policies, up to and including

termination.

E. An employee’s violation of any portion of this Policy will subject him/her to

appropriate disciplinary measures, up to and including termination. The institution will

evaluate violations of this policy on a case-by-case basis. Any employee who

engages in prohibited conduct may be: immediately removed from duty; referred to

the Employee Assistance Program; required to attend an evaluation session with a

professional staff member or other individual designated by the Vice President of

Academic Affairs or Human Resources Director; required to successfully complete an

alcohol or drug abuse treatment program as a condition of continued employment;

reported to authorities for criminal prosecution or other appropriate action; and/or

disciplined, up to and including termination of employment.

F. A student’s violation of any portion of this Policy will subject him/her to

appropriate disciplinary measures, up to and including expulsion. The institution will

evaluate violations of this Policy on a case-by-case basis. Any student who engages

in prohibited conduct may be: required to attend an evaluation session with a

professional staff member or other individual designated by the VP of Academic

Affairs; required to complete successfully an alcohol or drug abuse treatment program

as a condition of continued enrollment; reported to authorities for criminal prosecution

or other appropriate action; and/or disciplined, up to and including expulsion.

VIII. ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND AWARENESS

PROGRAM

The institution has established an alcohol and drug awareness program that

endeavors to provide information, referrals and services to the community of William

James College. The program includes education and training about the dangers of

drugs and alcohol in the workplace, the elements of this Policy and the penalties it

contains, and available counseling, treatment and rehabilitation that an employee or

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student may receive. The Office of the VP of Academic Affairs administers the Alcohol

and Substance Abuse Prevention and Awareness Program.

A. Training and Information. The Program emphasizes education and

prevention. The President shall oversee an annual program for students, faculty and

staff, where appropriate, concerning issues of alcohol and substance

abuse. Throughout the academic year, the William James College will also make

available information and/or appropriate audiovisual materials concerning alcohol and

drug treatment and prevention; make available brochures describing the health risks

associated with the abuse of alcohol and the use of controlled substances; endeavor to

identify offices or agencies who may work with our community concerning potential

alcohol or drug problems; and provide information on appropriate assistance programs

and wellness clinics to any student or employee who feels he/she may have a problem

with chemical dependency or the use of alcohol.

B. Self-Referral. Persons with alcohol or drug problems are strongly

encouraged to voluntarily contact their family physicians or employees can reach out to

the college’s Employee Assistance Program for assistance. Employees may seek help

without their supervisor’s knowledge. Although voluntarily seeking assistance will not

bar William James College from treating the employee like other employees under this

Policy, the institution will consider voluntary requests for help in determining any

discipline to be imposed. The College will not assume any financial or other

responsibility for drug or alcohol treatment except as may be provided by its benefits.

C. Employee Assistance Program. The institution’s Employee Assistance

Program offers free, confidential services to employees with alcohol or drug problems,

including: information about the dangers of alcohol and drug use and this Policy;

assessment and evaluation; referral to and information regarding public and private

treatment programs; services to families of employees with drug or alcohol problems;

and assistance with questions concerning insurance coverage.

IX. IF YOU NEED ASSISTANCE

William James College will treat the details of any person’s participation in an

assistance program confidentially, to the greatest extent possible, to ensure that the

person’s privacy is respected.

Help concerning alcohol and substance abuse and related problems are available from

several sources. If you, or someone you know, needs help, or if you have questions

concerning alcohol or substance abuse, you may confidentially contact any of the

following:

Faculty/Staff Assistance

Work/Life Balance EAP

1-800-854-1446-English

1-800-528-2147-Spanish

1-800-999-3004-TTY/TDD

Students

Dean of Students

617-564-9406

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Other Assistance for Everyone

Massachusetts Drug and Alcohol Hotline

(800) 327-5050

Alcoholics Anonymous/Boston Area

Main: (617)426-9444

Business: (617)426-4807

Site: www.aaboston.org

Massachusetts Dept. of Public Health

Bureau of Substance Abuse Services

Information and Referrals

(800) 327-5050

*Effective July, 2015, MA Sick Leave Law to take effect allowing for accrual of all employees.

**This is a summary of the institution’s Title IX Policy. Please refer to the policy for actual processes and

definitions.