PAYDAY

The regular payday for employees of HEC is every other Tuesday. Employees are paid for the time worked (and benefit time used) during the 14-day period ending the Tuesday before payday.

TIME WORKED

Each employee is responsible for accurately reporting and recording the hours that they work on a daily basis. Any falsification or misrepresentation of hours worked will result in disciplinary action up to and including termination.

DAYLIGHT SAVINGS TIME

When Daylight Savings Time begins in the spring, staff working the overnight shift on that night will work one less hour and be paid for one less hour.

In the fall, when Daylight Savings Time ends, staff working the overnight shift on that night will work one extra hour and be paid for one extra hour. If the total hours worked including the extra hour worked is more than 40, time over 40 hours is at time and a half for non-exempt staff.

PAY INCREASES

On an annual basis, the Board of Directors determines a pay raise, if any, for each position at HEC, based on the financial status of the organization and the rate adjustment given to HEC by the Commonwealth of Massachusetts.

PROFESSIONAL DIRECT CARE RATE

The professional YDP rate is paid to exempt staff when they are mandated to work as direct care staff to maintain ratio, or if they are mandated to work because of agency or campus wide
staffing shortages. Professional staff may also sign up to work as direct care staff on a voluntary basis. The professional childcare rate is reviewed annually. For information on the current rate
for professional staff, please contact Human Resources.

If exempt staff use sick, vacation, or holiday time during their regular week, they will receive their regular rate of pay for direct care work done in the same pay period up to a total of
40 work hours. Over 40 work hours will be at the professional rate.

DIFFERENTIALS

Direct Care Staff who work other than Monday – Friday day schedules are eligible for differential pay.

Academic Day Shift No Differential
Residential Shift
Overnight Shift 3:00 p.m. to 11:00 p.m.
11:00 p.m. to 9:00 a.m. .75/hour
.50/hour
Weekend Shift Starts at 3:00 p.m. Friday
Ends at 9:00 a.m. Monday $1.00/hour

Differentials may be combined so that staff working the weekend on Residential or Night shift will receive the Weekend Differential and the Differential for either Night or Residential.

OVERTIME

General Guidelines:
A non-exempt employee shall be compensated at the rate of one-and-one half times his/her regular rate of pay for overtime work performed in excess of forty hours per week. An employee’s failure to do so, or an employee working without proper authorization, will result in discipline, up to and including termination of employment.

No overtime will be authorized for new full time employees until they have completed three full weeks of work.

Employees may not exceed 20 hours of direct care overtime work during a regular workweek, unless the campus Program Director or APD has given prior approval.

Voluntary overtime will be allotted on a first come first serve basis, after on-call and non- overtime staff have been used, with the following considerations: The balance and effectiveness of staffing; fair distribution of hours to all of those in need of extra time; seniority.
When possible, a sign-up sheet shall be posted to accommodate those seeking overtime hours. These guidelines shall be followed unless changes are approved by staff at the APD level or
higher.

Mandatory overtime due to shift staffing shortage:

At various times throughout the year, overtime may be mandated due to a shift staffing shortage. In the event a staff must be mandated to stay, the following guidelines apply:

1. Overtime may be mandated for the following positions: Youth Development Professionals
(YDP’s), Assistant Supervisors, and Supervisors.

• Residential staff – will not be mandated on Saturday or Sunday nights due to having worked a 14-hour day. They may volunteer to work a weekend overnight with

administrator approval. If there is no other option the administrator will come in and cover the weekend overnight shifts.

• Overnight staff – may be mandated on school days, but should be released as teachers, clinicians and administrators arrive. Overnight shift may be mandated on weekend mornings, but every effort should be made to release them by noon, even if the administrator must come in and cover.

• Day staff – is always eligible to be mandated for the subsequent residential shift.

• On-Call and overtime staff – are not subject to the mandate procedure.

A “rolling list” with all employees’ names (in the above categories) based on seniority will be created to determine the order in which employees will be mandated. The least senior employee will be at the top of the list. Once mandated, the employee’s name will go to the bottom of the list.

When possible, those staff at the top of the mandate list will be given at least 24 hours’ notice that they are now at the top of the list and expected to work the next mandated shift.

It is the employee’s responsibility to be present for any and all assigned overtime shifts. Failure to do so will be viewed the same as failing to show for a regular shift and will result in disciplinary action up to an including termination.

Mandatory overtime due to campus-wide staffing shortage:

In some circumstances when the mandated policy above is not sufficient to cover our staffing needs, or when a crisis situation is presented, the following guidelines apply:
In addition to the “rolling list” above, all employees will be asked to volunteer to work overtime. If the number of volunteers stepping forward is insufficient, all other positions on the campus
may be mandated to work overtime. The methodology for scheduling and assignments will be
determined by the Program Director/Manager.

Staff required to work the mandated overtime will be notified as soon as possible.

As stated above, it is the employee’s responsibility to be present for any and all assigned overtime shifts. Failure to do so will be viewed the same as failing to show for a regular shift and will result in disciplinary action up to an including termination.

BREAKS

If operationally acceptable, employees are allowed to take breaks during their workday. HEC
follows Federal and Massachusetts labor law regarding meal breaks.

MEALS

All HEC employees who are campus based are allowed to eat meals that are served during their normal work schedule. Day staff are allowed to have lunch, residential staff are allowed to have dinner, and overnight staff are allowed to have a meal during their shift. Staff who work the long shift on the weekend are allowed to have two meals.

BENEFIT DATE

The employee’s benefit date (used for benefit calculation) is defined as the anniversary of his/her date of hire. An employee’s benefit date will change if an employee changes status from full to part-time, or vice versa. All benefits except retirement are based on this date. If an employee leaves HEC but returns within 1 year, the benefit date will be adjusted (see Adjusted Service Date).

The Human Resources Department (HR) fills all staff positions and candidates will be chosen on the basis of education, experience and ability to perform the essential functions of the position. HEC shows no preference regarding the employment of relatives of its staff or Board of Directors. A sincere effort is made to be impartial and select candidates with the best qualifications.

REASONABLE ACCOMMODATION

HEC is committed to providing equal access to employment opportunities for otherwise qualified individuals with a handicap or disability. Hillcrest Educational Centers vigorously supports the federal Americans with Disabilities Act and related state laws, and is committed to hiring and offering reasonable accommodations to its applicants and. If you feel that you need assistance in performing any of the essential functions of your job or would like to discuss a workplace accommodation please contact your supervisor, or a member of the Human Resources Department.

Human Resources and supervisory staff use job descriptions and existing personnel policies to define criteria for all hiring, and to set performance expectations. These practices are applied without discrimination and in accordance with applicable state and federal regulations.

HIV AND RELATED MEDICAL CONDITIONS

Pursuant to applicable state law, HEC does not discriminate against employees, applicants or students solely because they are infected with HIV or affected by any of the medical conditions associated with HIV infection.

HEC will not require serology testing or any type of information concerning HIV status from employees or prospective employees as a condition of employment.

PREPLACEMENT PHYSICAL, TUBERCULOSIS SCREEN, FUNCTIONAL CAPACITY EVALUATION

All successful candidates, after receiving a conditional offer of employment, will undergo a pre- employment physical, fully paid for by HEC, which will determine if the candidate is able to perform the essential functions of the position for which they are being offered, with or without reasonable accommodation. During this medical exam a tuberculosis test will be administered and the employee will return 48-72 hours later to have the test read. The employee will also be offered the opportunity to receive the Heptivax Vaccine, which is a series of three shots that will provide immunization against Hepatitis B. The follow up for the remaining two shots will be scheduled during the initial visit. All employees are eligible to receive the Heptivax Vaccine at a later date, even if they refuse the initial offer of the vaccine. Candidates must successfully complete the physical and tuberculosis screening to be eligible for employment.

BACKGROUND RECORD CHECKS

To ensure the safety and security of our students and staff at HEC, as a condition of employment with our agency, all employees, interns and volunteers (current and prospective) are subject to an intensive background record check (BRC). This check includes all criminal history (CORI – Criminal Offender Record Information) verified through the Criminal History Systems Board
and any substantiated/supported reports related to abuse or neglect documented through the Department of Children & Families (DCF). In addition to CORI and DCF, we also conduct a national criminal check, sexual offender check, and social security verification.

This policy also follows the regulations of the Department of Early Education and Care (DEEC) who is the licensing agency for Hillcrest. The DEEC regulations state that HEC is prohibited from confirming an offer of employment until the satisfactory completion of both a CORI and a DCF Background Record Check of the candidate. Further, the regulations prohibit a candidate from commencing employment beyond new staff orientation until after the candidate is cleared as a result of the CORI check. Staff may not have unsupervised contact with students until they are DCF cleared.

Policy
It is the policy of HEC, to ensure that all candidates for employment are subject to a background
record check (BRC) prior to confirming an offer of employment. In addition, all current employees of HEC will also undergo a background record check at a time period not to exceed three (3) years or at any time HEC determines appropriate due to information surfacing regarding an employee’s circumstance.

Confidentiality/Privacy
HEC respects the sensitive and confidential nature of this information and has implemented several safeguards to ensure the integrity of the process.
All “adverse findings” related to a completed BRC are stored in a confidential locked file in
Human Resources.

Only certain HEC employees, known as “Reviewers with Hiring Authority” or “Reviewers with
Access”, that have been cleared through DEEC will have access to this information.

Only general information related to the BRC process such as the BRC Consent Form, Government Issued Photo ID, and the BRC submittal form, will be stored in the employee’s personnel file.

Process (external candidates):
At time a conditional offer of employment is extended, successful candidates will complete and
sign the BRC Consent Form and provide a Government Issued Photo ID.

It is the expectation of HEC, that all BRC results will be received prior to being scheduled for New Staff Orientation. However, due to the time constraints of the record checking process, combined with the needs of the agency, exceptions may be made by allowing a new employee to participate in New Staff Orientation before all results (CORI/DCF) are received.

If, at the conclusion of New Staff Orientation, a new employee has not been “CORI-cleared” (meaning that either there has been a finding of “no record” or HEC has not granted discretionary approval review of the findings) the employee will not be able to continue their employment with HEC and the conditional offer will be rescinded.

If, at the conclusion of New Staff Orientation, a new employee has been “CORI-cleared” (defined above) but HEC has not received the results of the DCF record check, at the discretion
of HEC, the new employee may be able to begin at the campus and may be counted in ratios but
they may not have any unsupervised contact with children. This condition must be documented in writing by H.E.C., addressed to the employee and placed in their BRC file and will only be utilized as an interim measure with limited duration.

If the candidate’s CORI information reveals an outstanding warrant for a disqualifying offense, or DCF information indicates that there is an open 51B investigation, then the candidate must be notified that they are not eligible for a position with HEC

In the event adverse findings are received regarding the CORI or DCF component of the BRC, then a Discretionary Review must take place (see below). This may include an open case if the charges fall into the “Discretionary Qualification” category (CORI – Table B).

When communicating to the administration and staff that an employee is not to have unmonitored supervision of children, it must be emphasized that this no way implies that an employee has any adverse Background Record Check information.

Process (current employees):
All current employees of HEC will undergo background record checks at a time period not to
exceed every three (3) years or at any time HEC determines appropriate due to information surfacing regarding an employee’s circumstance.

All employees will need to complete and sign the BRC Consent Form and provide a Government
Issued Photo ID each time a BRC is to be conducted.

If the employee’s CORI information reveals an outstanding warrant for any offense, or DCF information indicates that there is an open 51B investigation, then the employee may be suspended from HEC in accordance with the Arrest/Criminal Charges Policy.

In the event that adverse findings are received regarding the CORI or DCF component of the
BRC, then a Discretionary Review must take place (see below).

Periodic BRC’s will be conducted for the Licensee and Reviewers at the time of each license renewal.

Discretionary Review:
Adverse findings are defined as those findings (other than “no record” or “no findings”) that
appear on a CORI/DCF record check. HEC reserves the right to review those findings and make a determination of whether or not the agency feels that the employee/candidate poses a risk to students. This is known as a discretionary review.

Any DCF information that shows that a candidate has been named in a supported 51B report as the person responsible for the abuse or neglect of a child will result in a “Discretionary Disqualification” of the candidate. In these cases the employee will be contacted and HEC will request approval to proceed with requesting the detailed findings. In the event the employee fails to grant approval, the employee will be considered to have resigned from their position and the resignation will be accepted immediately.

Upon receipt of the DCF 51B report, HEC will review the findings and make a determination of continuing employment or terminating employment if there is a concern of risk to our students. HEC will document its decision outlining the rationale for either terminating the employee or granting a discretionary approval to maintain employment and place this documentation in the employees BRC file. H.E.C will notify DEEC of the decisions made regarding the Discretionary Review (as outlined on results page of the BRC received from DEEC).

Criminal Charges/Arrests:
• All staff are required to report any arrests or charges of criminal offense (need to
clarify) to the Program Director or designee and the Human Resources Department, prior to the start of the next scheduled shift.
• All documentation of the charges must be submitted to Human Resources. Depending on the charges filed the following may occur:
• Staff who are arrested/charged with an offense that would be a disqualifying offense under
CORI hiring guidelines will be placed on leave without pay for up to 15 days.
• Staff who are arrested/charged with an offense that would not be a disqualifying offense under CORI hiring guidelines may be placed on leave without pay for up to 15 days.

DCF Investigation:
All staff are required to report to the Program Director or designee and the Human Resources Department if they have been named in a 51A or 51B or if they are involved in any activity that may be considered an investigation by DCF.

Human Resources will meet with the employee to gather data regarding the nature of DCF investigation. Depending upon the nature of the DCF investigation, HEC will make a determination regarding the continuation or termination of employment. In some instances the employee may be suspended pending this investigation (see above Criminal Charges/Arrests).

Failure to report arrests, charges, or DCF investigations per this policy will be subject to disciplinary action up to and including termination.

Process:
If an employee is suspended, a suspension letter will be given to the employee indicating the
dates of suspension and impact on the employee’s benefits.

Once a complaint has been resolved, employee must bring official documentation to Human
Resources stating resolution and a decision will be made on reinstatement.

Factors considered will include the nature of the allegation and any conditions of continuance, the entire CORI record of the employee, length of employment, and employment history. Based upon the needs of the agency, a decision regarding filling the position will be made.

Eligible employees will be reinstated to the same position if possible, or to a similar position if original position has been filled.

Prior to returning to full unrestricted employment, a new BRC will be conducted.

Benefit and Paid Time Implications:
Employees who are suspended due to criminal charges, an arrest, or a DCF investigation may use vacation and/or personal time, within the guidelines of usage in Personnel Policies (example: maximum annual for personal time is 24 hours). If employees do not have enough benefit time to cover the time off, the time will be without pay. (Long Term Illness and sick time are not available to use during this time off.)

Record Retention:
As mentioned above, only the BRC Consent Form, Government Issued Photo ID, and the BRC
submittal form, will be stored in the employee’s personnel file. All other information including but not limited to adverse finding results, 51B’s, and discretionary review determinations will be stored in the separate locked BRC cabinet. This documentation will be retained for no more than
3 years or until a new BRC is conducted, whichever comes first. At the end of this period, all
prior documents, with the exception of the rationale for hire, will be destroyed.

BRC documentation for those candidates not employed for reasons not related to a BRC check will be destroyed at the time of decision. BRC documentation related to a candidate that is not hired, or is terminated for reasons related to the BRC will be retained for the same duration as is typical with the maintenance of personnel records.

LETTER OF EMPLOYMENT

Each new employee at Hillcrest Educational Centers will receive a letter of employment.
This letter will contain the name of your immediate supervisor, your initial work schedule, your
starting pay, as well as other information important for you to know.

INTRODUCTORY PERIOD

The first 90 days of your employment or starting of a new position with Hillcrest Educational Centers is known as the introductory period. It is the period that gives new employees an opportunity to discover whether they enjoy working with HEC, on a specific campus, or student population, and want to continue. It also gives your supervisor an opportunity to evaluate your interest in your job and your ability to carry out its requirements. During this introductory period, employees will undergo evaluation by their supervisor and will have a number of opportunities to discuss their progress with supervisory personnel.

At the end of this period, their supervisor will recommend to their Program Director or
Department Head, one of three options:
• Classification as regular employee
• Extension of introductory period (not to exceed six months in total)
• Termination of employment

Upon review, the Program Director or Department Head will implement one of the above options. A new employee who is in their introductory period will not be allowed to utilize any accrued leave or benefit time until the employee has attained classification as regular employee. An employee whose introductory period has been extended may use benefit time if approved in accordance with our time off policy.

During the introductory period, employees are not permitted to apply for open positions within the agency. Any employee who accepts a new position in the agency will be subject to a new three-month introductory period.

Successful completion of the Introductory Period does not alter an employee’s status as an at-
will employee, nor is an employee guaranteed employment throughout an Introductory Period, as
all employment at HEC is considered employment-at-will.

INTERNAL JOB POSTING AND TRANSFER PROGRAM

In an effort to encourage personal and professional growth within the agency, HEC utilizes a job- posting program. Each week POST TIME, an updated list of all open positions throughout HEC, is distributed to all programs. Typically, existing employees have seven (7) days to apply for a newly posted position. After that time, the position will be “closed” but will remain on POST TIME until it has been filled. Employees who are currently in their Introductory Period (see Introductory Period) are ineligible to apply for an open position. Any employee with current or unresolved disciplinary action may be ineligible to apply for an open position.

Staff who are interested in being considered for an open position (either a promotion or lateral transfer) should complete the Internal Job Application Form, available at all HEC locations, on HECnet, or through the Human Resources Department. The completed application form should be returned to the Employment Manager in the Human Resources Department, where it will be reviewed and forwarded to the appropriate manager. While every attempt will be made to accommodate an internal move, this cannot be guaranteed.

While HEC employees are given consideration for any available position, it may also be necessary to advertise externally and to hire external candidates. This decision is made at the sole discretion of HEC, based upon the particulars of the available position and the needs of the agency. As with all aspects of employment, HEC is an equal opportunity employer with regard to hiring and

All of us at Hillcrest Educational Centers, Inc. (HEC) extend a sincere welcome to you and are very pleased to have you with us.

This manual has been prepared to serve as a general guide to help you understand important agency and personnel policies and practices in our daily operation. Included is an outline of your employment benefits. We ask that you become familiar with its contents since a basic understanding of these policies is essential to a successful work performance as well as the success of our combined efforts.

Our goal is to provide the highest standard of care for those entrusted to us. The efforts of the staff toward this goal are indispensable.

The person primarily responsible for your work, activities and progress is your immediate supervisor. Feel free to discuss with your supervisor any problem, which may be affecting your work. A good relationship is important to you and the facility, and all of us stand to gain from discussion in the spirit of cooperation.

We value your ideas, suggestions and comments on any matter pertaining to your employment. We hope that your association with Hillcrest Educational Centers, Inc. will be rewarding.

Gerard E. Burke
President/CEO

ABOUT THIS MANUAL

We feel it is important that all employees understand our philosophies, policies and procedures. This manual will familiarize you with the various aspects of working with us at HEC and provide a general overview of useful information. We encourage you to use it as a reference document. Nothing herein should be interpreted as interfering with the rights of employees under the National Labor Relations Act or any other applicable laws.

It is also important to understand that this manual and any of the policies, benefits, procedures and practices contained herein may be changed, amended, modified or terminated by Hillcrest Educational Centers at any time, with or with out notice. All employee benefits discussed herein are subject to the specific terms, provisions and requirements set forth in applicable plan documents, which are available for your review. Hillcrest Educational Centers also reserves the right to decide whether, and to what extent, a policy or practice applies to any particular situation, and to interpret the manual provisions. This personnel policy manual supersedes any and all past editions.

Hillcrest reserves the right to alter, change or modify this manual at any time.

EMPLOYMENT AT-WILL

Your employment with Hillcrest Educational Centers is a voluntary at-will relationship, and nothing in this manual constitutes an expressed or implied contract of any kind, including but not limited to a contract of employment, nor shall be construed as providing you with any expressed or implied promises to you whatsoever. You have the right to terminate your employment relationship at will for any reason you wish, at any time, with or without notice. Hillcrest Educational Centers has the same right to terminate your employment at any time and for any reason, with or without notice.

MISSION STATEMENT:

Our mission at Hillcrest Educational Centers is to facilitate the social, emotional, intellectual, and physical growth of our students through the development of new skills that will enable them to succeed in their home community.

OUR GUIDING PRINCIPALS:

• Every student has the potential to succeed in life.

• Every member of the Hillcrest community (students, families, and employees) is entitled to unconditional respect.

• Every student is entitled to individualized treatment and education.

• Students need our services because they have lacked the skills, resources, or support required to cope with their environments.

• Families are an integral part of our students’ success.

• We are committed to assuring that our students reach their full academic potential.

• We are committed to continuous improvement and learning.

• We are committed to fiscal responsibility.

• We are committed to teamwork.

• We are committed to excellence.

CODE OF ETHICS

HEC has established this statement of organizational ethics in recognition of the agency’s responsibilities to our students, staff and the community we serve. It is the responsibility of every member of the Hillcrest team – governing Board Members, Administration, Staff Members, Interns, and Volunteers — to act in a manner that is consistent with this organizational statement and its supporting policies. The following principals will guide our behavior:

• A dedication to the principle that all Students, Employees, Interns, and Volunteers deserve to be treated with dignity, respect and courtesy.

• We will fairly and accurately represent our capabilities and ourselves.

• We will provide high quality services to meet the identified needs of our students.

• We will adhere to a uniform standard of treatment throughout the agency.

• We will provide a safe environment for both staff and students.

• We will ensure the privacy rights of our students are respected and confidentiality is maintained.

• We will maintain staff and students’ records as confidential.

• We will constantly seek to understand and respect the students’ goals as reflected in their
Clinical Treatment Plans.

• We will adhere to mandated reporting laws.

• We will diligently avoid and/or report any conflict of interest.

• We will bill for services rendered based on tuition rates set by our Massachusetts regulatory agency (Massachusetts Department of Purchased Services).

• We will adhere to admission procedures based on our ability to provide safe and appropriate treatment to students within our population descriptors on an unbiased basis.

The students, or their families and agencies, will be involved in decisions regarding the treatment that we deliver to the extent that such is practical and possible.

In addition to serving the students, we remind staff that they have a commitment to each other to act in a manner that treats every co-worker in a professional manner, with dignity, respect and courtesy. This includes such actions as not engaging in gossip, harassment, or any other behavior that is inconsistent with our mission or ethics.

• We will never discuss personal business or activities in front of, or within earshot of, students.

• We will never discuss students, or students’ issues, in a non-therapeutic way.

• We will never discuss staff or agency issues or concerns in front of,, or within earshot of students.

• We will report abuse or neglect immediately.

• We will maintain professional boundaries with students at all times.

• We will maintain professionalism and act professionally at all times.

• We will not discuss personal life issues (e.g., relationships or what we do for recreation when we’re not working) in front of, or within earshot of, students.

• We will maintain confidentiality of students at all times.

• We will take care of and respect all Hillcrest equipment and property as if it were our own.

By word, deed and example, we will teach our students to take pride in and demonstrate respect for all equipment and property, regardless of the ownership of that property.

We all have a responsibility to follow these ethical guidelines and to report any infractions by other staff to the supervisor immediately. Our mission is achievable only if each and every one of us makes this commitment.

BRIEF HISTORY OF HILLCREST EDUCATIONAL CENTERS

In the spring of 1985, under the leadership of Judge John A. Barry, the Board of Trustees of the Hillcrest Foundation assumed responsibility for the Avalon School; a private residential school servicing a population of 100 developmentally disabled students in five locations in Berkshire County. The Hillcrest Foundation appointed a Board of Directors and William J. Goggins, Jr. as the first Executive Director of HEC

Through experienced leadership, Hillcrest Educational Centers responded to the needs of a changing mental health market, shifting its treatment focus from a population of students with Developmental Disabilities to students experiencing severe Behavior Disorders and significant adjustment problems. HEC has since implemented a comprehensive continuum of care including an Intensive Treatment/Diagnostic Unit, Residential Treatment Facilities, a program for adolescent male sexual abusers, a therapeutic Day Treatment Program, and Hillcrest Psychological Services.

Hillcrest Educational Centers continues to expand the breadth of its services to facilitate the growth and development of students.

EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

It is the policy of HEC to provide equal opportunity to all employees and applicants for employment without unlawful discrimination as to race, creed, color, national origin, ethnicity, sex, age, disability, marital status, sexual orientation, religion, ancestry, genetic information, military status, status as a disabled or Vietnam Era veteran of the United States Armed Forces, being a member of the Reserves or National Guard or status in any other group protected by federal, state or local law. Equal opportunity applies to all employment-related decisions, including but not limited to recruitment, hiring/selection, job assignment, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, recall, transfer, layoff, leaves of absence, supervision, compensation, discipline, termination, access to benefits and training
and all other terms and conditions of employment. No preference is given to the hiring of
relatives or friends but the referrals are welcome.

HARASSMENT

It is the policy of HEC to maintain a working environment free from all forms of harassment, discrimination and/or intimidation. HEC does not tolerate unlawful discrimination or harassment based on race, creed, color, national origin, ethnicity, sex, age, disability, marital status, sexual orientation, religion, ancestry, genetic information, military status, status as a disabled or
Vietnam Era veteran of the United States Armed Forces, being a member of the Reserves or National Guard or status in any other group protected by federal, state or local law. Harassment of our employees is prohibited, whether it is committed by a manager, coworker, subordinate or non-employee (such as a vendor or customer). Examples of prohibited harassment include, but are not limited to, unwelcome physical contact, comments, jokes, or epithets, threats, insults, name-calling, offensive gestures, negative stereotyping, possession or display of derogatory pictures or other graphic materials, and any other words or conduct that demean, stigmatize, intimidate or single-out a person because of his/her membership in a protected category. Hillcrest takes all complaints of harassment seriously, and each will be investigated promptly and thoroughly. Therefore, HEC has instituted the following policy preventing harassment.

Introduction
It is the goal of HEC to promote a workplace that is free of harassment. Harassment of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated by this organization. Further, any retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal of providing a workplace free from harassment, the inappropriate conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by employees.

Because HEC takes allegations of harassment seriously, we will respond promptly to complaints of sexual or other forms 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.

This policy applies equally to all individuals working at HEC, male and female. This policy applies to all employment relationships including, but not limited to, superior/subordinate relationships, peer employee relationships and relationships between employees and non- employees (such as delivery people and visitors).

All employees are responsible for ensuring that their behavior is free of any form of harassment. No individual working at HEC should engage in, encourage, or tolerate harassing behavior. Managers are responsible for being pro-active and ensuring the workplace is free of harassment and for reporting to Human Resources any claims of harassment reported to them. The Human Resources Department is responsible for investigating each claim and assisting in the resolution of claims of harassment.

Please note that while this policy sets forth our goals of promoting a workplace that is free of harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfies the legal definition of harassment.

Definition of Sexual Harassment
In Massachusetts, the legal definition for sexual harassment is:
“Sexual Harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

A. Submission to, or rejection of, such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions;
Or

B. Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offense work environment.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment may constitute sexual harassment.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:

• Unwelcome sexual advances – whether they involve physical touching or not;

• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies or prowess;
• Displaying sexually suggestive objects, webpages, emails, text messages, pictures, and cartoons
• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments
• Inquiries into one’s sexual experiences

• Discussion of one’s sexual activities

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual or other forms of harassment, and retaliation against individuals for cooperating with an investigation of a harassment complaint is unlawful and will not be tolerated by this organization.

Complaints of Harassment
If one of our employees believes that he or she has been subjected to harassment, the employee
has the right to file a complaint with our organization. This may be done in writing or verbally.
If you would like to file a complaint you may do so by contacting your supervisor or the Director
of Human Resources at HEC, 788 South St., Pittsfield, MA 01201; phone 499-7924 extension
126. The staff in Human Resources is also available to discuss any concerns you may have and
to provide information to you about our policy on harassment and our complaint process.

Harassment Investigation
When we receive the complaint we will promptly investigate the allegation in a fair and
expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will ordinarily include a private interview with the person filing the complaint and with witnesses. We will also interview the person alleged to have committed harassment. When we have completed our investigation we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct, of the results of that investigation.

If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct and, where it is appropriate, we will also impose disciplinary action.

Disciplinary Action
If it is determined that inappropriate conduct has been committed by one of our employees, we will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment, and may include such other forms of disciplinary action, as we deem appropriate under the circumstances.

State and Federal Remedies
In addition to the above, if you believe you have been subjected to harassment, you may file a formal complaint with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from also filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim (EEOC – 300 days; MCAD – 300 days).

The United States Equal Employment Opportunity Commission (EEOC) John F. Kennedy Building
475 Government Center
Boston, MA 02203 (800) 669-4000

The Massachusetts Commission Against Discrimination (MCAD)
Boston Office: Springfield Office:
One Ashburton Place, Rm. 601 436 Dwight Street, Rm. 220
Boston, MA 02108 Springfield, MA 01103
(617) 994-6000 (413) 739-2145

Filing with these agencies is not a substitute for bringing a complaint to our attention. Be assured, HEC wants to hear your complaints.

COMPLAINTS

HEC encourages all employees to promptly report any incidents of harassment, discrimination, intimidating behaviors or other concerns. While we encourage staff to use the chain of command to report these kinds of incidents, we also understand that reporting such information to your direct supervisor is sometimes inappropriate or uncomfortable, and may discourage employees from promptly reporting such information. It is our hope that this additional reporting
mechanism will provide staff with an option when these situations occur.

Staff who hear or see harassing, discriminating or intimidating behavior are encouraged to verbally report this immediately to a supervisor, member of the Campus Administration or another HEC Administrator so the event can be investigated immediately.

The Program Director/Manager may designate a member of the Campus Administration or ask another HEC Administrator to conduct the investigation, but upon completion of the investigation, the staff who made the complaint will meet with the Program Director/Manager to discuss the investigation and resolution of the complaint.

Every attempt will be made to protect the privacy and confidentiality of the staff who registered the complaint, as well as the privacy and confidentiality of the staff who is the subject of the complaint to the degree reasonably practical under the circumstances. However, we cannot guarantee absolute confidentiality, as it may be necessary to disclose names and statements of staff where the safety of the students and/or staff is potentially compromised, or where such disclosures are necessary to otherwise effectively complete an investigation depending upon the facts of a particular case.