I. Policy Statement
Spa Tech Institute is committed to a policy of non-discrimination, equal opportunity, diversity and affirmative action. The purpose of this policy is to promote an academic and work environment that free from all forms of harassment and discrimination. Spa Tech Institute has zero tolerance for discrimination and will not unlawfully discriminate in admission, access to employment, educational programs and activities on the basis of race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity or sexual orientation, or previous assertion of a claim or right under the Maine or Massachusetts Workers' Compensation Act (depending on the location of the campus). Spa Tech Institute prohibits unlawful discrimination or discriminatory harassment on all of those bases.
It is also the policy of Spa Tech Institute to provide each student, employee, and other person having dealings with the institution an environment free from unlawful sexual violence and all forms of sexual misconduct.
We encourage all individuals to inform Spa Tech bout behavior that may be inappropriate or constitute harassment promptly, and before it becomes so serious that it interferes with your work or academic environment. We will work with students and employees to review their options for addressing the harassing behavior and tailor a response appropriate to the circumstances that effectively ends, remedies, and prevents any further misconduct.
Spa Tech has designated the following individuals as responsible for overseeing Spa Tech’s Title IX Policy and responding to claims of harassment or discrimination on a Spa Tech campus.
On-Site Deputy Title IX Coordinators
Ipswich Campus, 126 High Street, Gia Stillman (978) 356-0980 x121
Plymouth Campus, 59 Industrial Park Road, Jon Schmaling (508) 747-3130
Westborough Campus, 227 Turnpike Road, Jon Schmaling (508) 836-8864
Westbrook, Maine Campus, 100 Larrabee Road, (207) 591-4141 Charlotte Hanna x219 or Peggy York x202
Because Spa Tech Institute takes allegations of discrimination and harassment seriously, we will respond promptly to complaints of harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.
Please note that while this policy sets forth our goals for promoting a workplace and education setting that is free of discrimination and harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct or in an educational setting which we deem unacceptable, regardless of whether or not that conduct satisfies the definition of harassment.
II. Prohibited Conduct
Definition of Harassment
Harassment is prohibited under this policy if it is based upon an individual’s race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation. Harassing conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating.
Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Sex-based harassment includes sexual harassment, which is further defined below, and gender-based harassment based on stereotypical notions of what is female/feminine v. male/masculine or a failure to conform to those gender stereotypes.
Definition of Sexual Harassment
Sexual harassment is a form of sex discrimination prohibited under Title IX and will not be tolerated at Spa Tech.
Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal, visual, or physical conduct of a sexual nature. It also includes sexual violence, which is defined as physical sexual acts perpetrated
against a person’s will or where a person is incapable of giving consent due to the use of drugs or alcohol or intellectual disability. Sexual violence includes sexual assault, domestic violence, dating violence, and stalking.
Consent must be informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the nature or extent of the sexual situation, there is no consent;
this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, either expressed or implied, or use of duress or deception upon the victim. Silence does not necessarily constitute consent. Past consent to sexual activities does not necessarily imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.
Sexual harassment also includes quid pro quo harassment, where sexual conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or academic advancement.
Title IX also prohibits gender-based harassment, which may include acts of verbal, written, or physical aggression, intimidation, or hostility based on gender or gender-stereotyping, even if those acts do not involve conduct of a sexual nature.
When Harassment Creates a Hostile Environment
A Hostile Environment based on race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity or sexual orientation, or previous assertion of a claim or right under the Maine or Massachusetts Workers' Compensation Act (depending on the location of the campus) exists when harassment:
is sufficiently serious (i.e., severe, pervasive, or persistent) and offensive so as to deny or limit a person’s ability to participate in or benefit from Spa Tech’s programs, services, opportunities, or activities; or when such conduct has the purpose or effect of unreasonably interfering with an individual’s education
Gender-based harassment or sexual harassment constitutes sex discrimination if it is sufficiently severe or pervasive and has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile, or offensive working or academic environment.
In some cases, a single act of sexual harassment or sexual violence, such as sexual assault, may be sufficiently severe to create a hostile environment and constitute discrimination.
Any harassment that is sufficiently serious to create a hostile environment (“hostile environment harassment”) violates this policy and may warrant serious disciplinary action up to expulsion or termination.
In determining whether harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. The following
factors will also be considered:
- The degree to which the conduct affected one or more students’ education or individual’s employment;
- The nature, scope, frequency, duration, and location of incident or incidents; and
- The identity, number, and relationships of persons involved.
- suggestive or obscene letters, notes, or invitations if sufficiently severe or pervasive;
- derogatory comments, epithets, slurs or jokes if sufficiently severe or pervasive;
- impeding or blocking movements, touching, or any physical interference with normal work or activities, if sufficiently severe or pervasive;
- sexual oriented gestures, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters (the situation will be evaluated for appropriateness related to the educational or workplace objective(s));
- unwelcome sexual flirtations, advances or propositions;
- unwelcome actions, words or comments based on an individual’s gender;
- sexually suggestive or offensive personal references about an individual and subtle pressure or requests for dates or sexual activities;
- Sexually explicit or offensive jokes and references, pictures and photographs, suggestive objects, verbal comments, leering or whistling.