Massachusetts
Massachusetts: Personal Liability for Sexual Harassment in Academic Settings
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APPLIES TO All Academic Employers with Employees in MA |
EFFECTIVE MAY 19, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
In Sabatini v. Knouse, the Massachusetts Supreme Judicial Court ruled that individuals in academic settings can be personally liable for sexual harassment that they commit. Here, a graduate student at MIT accused a tenured professor of making explicit sexual remarks. They then began a sexual relationship which ended a year later. After the breakup, the professor continued to make sexual comments and the student was afraid to end their mentorship relationship fearing professional repercussions. Unrelated to the relationship, the academic institution engaged in a culture survey which revealed reports of a sexualized culture and retaliatory environment in the professor’s lab. An independent investigation found a violation of the institution’s sexual harassment policy. The professor was placed on leave from MIT and resigned from the laboratory director position at a related institution. The professor sued the student for defamation, and the student countersued for violations of the Massachusetts sexual harassment statute.
The court found that the statute does indeed permit sexual harassment claims to proceed against individual perpetrators and not only against educational institutions. The plain language says “a person shall have the right to be free from sexual harassment” and does not have limiting language regarding institutions and individuals. The court also found that sexual harassment statutes are remedial and entitled to broad construction. Shielding individual abusers would contradict the purpose of the statute. In addition, students like research fellows do not have administrative remedies available and can file directly in Superior Court. The court then sent the case back to the Superior Court to address the remaining defenses to the claim.
Academic institutions in Massachusetts should note that this is a notable change to the interpretation of the statute which had held that professors, advisors, and mentors accused of sexual harassment could argue that the statute only permitted claims against the institutions themselves. Affected employers should consult with their legal counsel regarding future impacts and inclusion of personal liability language in sexual harassment policies.
Action Items
- Revise and update sexual harassment policies to include personal liability.
- Consult with legal counsel regarding specific application of expanded liability.
- Have appropriate personnel trained on the expanded interpretation.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase