1 - Introduction

It is the goal of CREST to promote a workplace that is free of sexual harassment. Sexual 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 an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal of providing a workplace free from sexual harassment, the 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 CREST takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual 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 of promoting a workplace that is free of sexual 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 definition of sexual harassment.

2 - Definition of Sexual Harassment

In Massachusetts, the legal definition for sexual harassment is as follows:

“Sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

1. 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
2. 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 offensive workplace.

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 constitutes 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 work place 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 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, comments on an individual's body, comments about an individual's sexual activity, deficiencies, or prowess
• displaying sexually suggestive objects, pictures, or 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
• sexually-oriented letters, notes, or communications
• sending, posting, or distributing offensive or discriminatory messages or materials that contain overt sexual language, sexual implications or innuendo, or comments that offensively address someone's sexual orientation
• physical contact such as touching, hugging, kissing, stroking, fondling, patting, pinching, repeated brushing up against one's body, deliberate bumping, cornering, grabbing, or impeding or blocking movements
• assaults of a sexual nature, molestations, or coerced sexual acts
• sending, posting, or distributing sexually suggestive objects, pictures, cartoons or other materials
• sexually suggestive gestures, leering or staring at parts of a person's body
• condoning sexual harassment

Sexual harassment can occur in a variety of circumstances. Here are some things to remember:

• a man as well as a woman may be the victim of sexual harassment, and a woman as well as a man may be the harasser
• the harasser does not have to be the victim's supervisor
• the victim does not have to be of the opposite sex from the harasser
• The victim does not have to be the person at whom the unwelcome sexual conduct is directed. The victim may be someone who is affected by the harassing conduct, even when it is directed toward another person, if the conduct creates an intimidating, hostile, or offensive working environment for the victim or unreasonably interferes with the victim's work performance by creating a hostile, humiliating, or sexually offensive work environment

3 - Complaints of Sexual Harassment

The Company has designated a Sexual Harassment Grievance Officer. The Sexual Harassment Grievance Officer is Matt Mecum. Matt can be reached by phone at (508) 294-9861 or by email at matt.mecum@crest-tech.com. If an employee prefers, he/she may contact Judy Picard, who has been designated as the Alternate Sexual Harassment Grievance Officer. Judy Picard may be contacted by phone at (508) 439-0266 or by email at judy.picard@crest-tech.com

If any individual believes he/she has been subjected to sexual harassment, the individual should initiate a complaint by contacting the Sexual Harassment Grievance Officer or the Alternate Sexual Harassment Grievance Officer as soon as possible following any incident of alleged harassment. The individual should be aware that the longer the period of time between the event giving rise to the complaint and the complaint being made, the more difficult it will be for the Company to investigate what occurred. The individual will be asked to write out his/her complaint to document the allegation.

If an individual prefers to discuss a possible sexual harassment incident with his/her supervisor, the individual may always do so, but individuals do not have to go through the regular chain of supervision when reporting sexual harassment and may instead go directly to the Sexual Harassment Grievance Officer or the Alternate Sexual Harassment Grievance Officer.

4 - Confidentiality

Employees involved in a sexual harassment investigation, including the complainant, other witnesses, and the accused person should not discuss the allegations, the investigation, or other matters related to the allegations of sexual harassment with other employees.

5 - Sexual 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 may include a private interview with the person filing the complaint and with witnesses. We may also interview the person alleged to have committed sexual 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 result 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.

6 - Retaliation

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint, is unlawful and will not be tolerated by this Company. If any individual believes that he/she has been subjected to retaliation for having brought a complaint of harassment or for having participated in an investigation, that individual is encouraged to report the situation as soon as possible to the Sexual Harassment Grievance Officer, the Alternate Sexual Harassment Grievance Officer, or his/her supervisor.

7 - 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 include counseling, reprimands, written or verbal warnings, suspension, transfers, termination from employment, and other forms of disciplinary action as we deem appropriate under the circumstances.

8 - State and Federal Remedies

In addition to the above, if you believe you have been subject to sexual 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 filing a complaint with these agencies.

In Massachusetts, the Massachusetts Commission Against Discrimination (MCAD) is the state agency responsible for enforcing Massachusetts state law prohibiting sexual harassment. The MCAD can be reached at:

9 - Individual Responsibilities

Each individual of the Company is personally responsible for:

• ensuring that his/her conduct does not sexually harass any other individual with whom he/she comes in contact on the job, such as a subordinate, co-worker, client, visitor, applicant, or vendor
• cooperating in any investigation of alleged sexual harassment by providing any information he/she possesses concerning the matter being investigated
• actively participating in efforts to prevent and eliminate sexual harassment and to maintain a work environment free from such harassment
• ensuring that an individual who files a good faith sexual harassment claim or cooperates in an investigation may do so without fear of retaliation or reprisal