Witnesses urge Massachusetts to copy Washington model to stop 'passing the harasser' in higher education hiring

Two witnesses told the Joint Committee on Higher Education that Massachusetts should adopt a disclosure requirement in hiring for higher education positions to reduce the practice sometimes described as “passing the harasser.”

Laura Gee, an associate professor at Tufts and member of the Economic Science Association ethics committee, said the bill would add a targeted, limited disclosure question to applications asking whether an applicant has had substantiated findings of sexual misconduct or left while under investigation. Gee emphasized balancing transparency and due process: applicants should not be required to disclose mere investigations that later found no substantiation.

Ashley Freeman, a deputy general counsel testifying as a private citizen, described personal and workplace experiences and urged the committee to forward the bill. “This bill will not punish wrongdoers. Instead, it will give a tool to employers to be able to do something about it,” Freeman said.

Committee members discussed Washington state's law, which went into effect in 2020 and has been adjusted to include findings outside institutions. Witnesses said the Washington model has worked and that additional questions have produced few affirmative responses, limiting administrative burden.

The committee did not record any vote at the hearing. Sponsors and witnesses said they would provide draft language and noted broader questions about whether the approach should extend to K‑12 settings.