Preventing Sexual Harassment

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Preventing Sexual Harassment

• Academic Human Resource
• Service Teams
• Personnel Services

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Summary Of Title VII and IX

• The universitys obligation under Title VII and
  Title IX is three fold
• to ensure that faculty,students, supervisors and
  employees are aware that sexual harassment is
  prohibited
• to provide a means to allow alleged victims to
  bring their complaints to the attention of
  appropriate managers, and

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Summary Of Title VII and IX

• to take prompt, remedial and corrective action
  when sexual harassment comes to the universitys
  attention

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Anti-Harassment Policy C-33 Definition of
Harassment

• Harassment is conduct towards another person or
  identifiable group of persons that has the
  purpose or effect of
• creating an intimidating or hostile educational
  environment, work environment, or environment for
  participation in a University activity or

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Anti-Harassment Policy C-33 Definition of
Harassment

• unreasonably interfering with a persons
  educational environment, work environment, or
  environment for participation in a University
  activity or
• unreasonably affecting a persons educational or
  work opportunities or participation in a
  University activity.

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Definition of Sexual Harassment from C-33

• Sexual Harassment is any unwelcome sexual
  advance, request for sexual favors or other
  written, verbal or physical conduct of a sexual
  nature when
• submission to such conduct is made either
  explicitly or implicitly a term or condition of
  an individuals employment, education, or
  participation in a University activity

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Definition of Sexual Harassment from C-33

• Submission to, or rejection of, such conduct by
  an individual is used as the basis for, or a
  factor in, decisions, affecting that individuals
  employment, education, or participation in a
  University activity or

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Definition of Sexual Harassment from C-33

• such conduct has the purpose or effect of
  unreasonably interfering with an individuals
  employment or academic performance or creating an
  intimidating, offensive, or hostile environment
  for that individuals employment, education, or
  participation in a University activity.

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Defining Sexual Harassment

• University policy, as well as state and federal
  law, recognizes two basic kinds of sexual
  harassment.
• Quid pro quo (this for that) harassment occurs
  when sexual favors or activities are explicitly
  or implicitly demanded in exchange for a job or
  educational benefit.

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Defining Sexual Harassment

• Hostile environment sexual harassment occurs when
  unwelcome sexual conduct significantly interferes
  with school or work performance. It is behavior
  that creates an intimidating, hostile, or
  offensive learning or working environment.

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Is It Sexual Harassment?Four Deciding Factors

• Factor 1 - Was the conduct sexual in nature?
• sexual propositions and advances
• sexual innuendoes
• lewd language, jokes, pictures, or actions
• gender based hostility

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Is It Sexual Harassment?Four Deciding Factors

• Factor 2 - Was the conduct unwelcome?
• subjective test - conduct must actually be
  unwelcome and offensive to the employee or
  student bringing the complaint
• conduct can be voluntary (consensual), but
  unwelcome

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Is It Sexual Harassment?Four Deciding Factors

• Factor 3 - Was the conduct severe or pervasive?
• A single instance of quid pro quo harassment
  (I.e. , a promotion or grade in exchange for sex)
  is severe enough to constitute harassment
• a single lewd joke is neither severe nor
  pervasive enough to constitute harassment

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Is It Sexual Harassment?Four Deciding Factors

• Factor 4 - Would a reasonable person find the
  conduct hostile, intimidating or offensive?
• The victims point of view is important
• the gender of the victim counts the effect of
  conduct on a reasonable woman may differ from
  its effect on a reasonable man.

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Is It Sexual Harassment?Four Deciding Factors

• University policy states that in determining
  whether sexual harassment has occurred, the
  alleged incident will be evaluated by considering
  the totality of the particular circumstances,
  including the nature, frequency, intensity,
  location, context, and duration of the questioned
  behavior.

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Is It Sexual Harassment?Four Deciding Factors

• This means that although no one factor may be
  decisive, an accumulation of factors might be.

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Sexual Harassment and Power

• When sexual advances are made by supervisors,
  faculty, or others in positions of authority, the
  conduct should be scrutinized closely because of
  the strong possibility of intimidation and abuse
  of power.

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Consensual Relations

• Title VII and Title IX do not prohibit
  voluntary/consensual relationships, but the
  courts will closely scrutinize supervisory-subordi
  nate or faculty-student relationships to
  determine whether consent was coerced.

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Consensual Relations

• Even consensual relations can have other
  implications for university liability. The EEOC
  has recognized that favoritism resulting from
  open consensual relationships could constitute
  sex discrimination against others not so favored.

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Consensual Relationships and Claims

• Consensual relationships can result in claims if
• The romance goes sour. One party did not
  entirely welcome the relationship or, after a
  time, finds it distasteful and perceives
  continued pursuit as harassment.

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Consensual Relationships and Claims

• A third party claims favoritism. A third party
  perceives favoritism in the relationship and
  believes he or she should have been entitled to
  the same benefits as a party in the relationship,
  such as a better job, salary increase, larger
  office, more favorable recommendation, better lab
  facilities, etc. or

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Consensual Relationships and Claims

• A third party finds the behavior disruptive or
  offensive. A third party complains that the
  behavior between the parties - such as making
  love indiscreetly in the office - is disruptive
  and offensive.

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Sexual Harassment and Amorous Relationships

• Executive Memorandum C-33
• Amorous relationships that occur in the context
  of educational or employment supervision and
  evaluation present serious concerns about the
  validity of consent..
• In the event of a charge of sexual harassment,
  the University will give careful scrutiny to any
  defense based upon consent when the facts
  establish that a power differential existed
  within the relationship.

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What to do if you are in a Consensual Relationship

• Determine whether an ethical conflict of interest
  exists.You may have a direct conflict of interest
  if you are in a position to
• determine the persons grade
• give or withhold credit for a project
• hire or fire the person or

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What to do if you are in a Consensual Relationship

• If a direct conflict does not exist, determine
  whether and indirect conflict exists that would
  result in the same ethical dilemma. There may be
  an indirect conflict of interest if you are in a
  position to
• influence colleagues on behalf of or against the
  person or
• Recommend or refuse to recommend the person for a
  job, promotion, etc.
• Cause others to feel disadvantaged because of
  your actions on behalf of the person.

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What to do if you are in a Consensual Relationship

• Act to remove the conflict of interest
  immediately. This may be accomplished in a
  number of ways, including withdrawing form the
  supervisory position over the person if possible,
  or ending the relationship.

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Examples of Sexual Harassment

• Verbal Conduct
• Remarks about physical characteristics (e.g.,
  comments about body parts)
• Remarks about attractiveness or appearance (e.g.,
  That outfit looks sexy.)
• Remarks about sexual activity (e.g. discussion of
  dating, sex lives, preferences)
• Sexual jokes

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Examples of Sexual Harassment

• Nonverbal Conduct
• Suggestive or insulting noises
• Leering
• Whistling
• Gazing
• Sneering
• Making obscene gestures
• Exposing oneself

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Examples of Sexual Harassment

• Physical Conduct (any unwanted physical contact,
  including)
• Touching -- any part of anothers body --
  especially in a suggestive manner
• Hand holding
• Pinching/grabbing
• Back rubs or shoulder massages
• Brushing up against another person
• Coerced sexual intercourse

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Examples of Sexual Harassment

• Written (including electronic communications and
  e-mail)
• Love notes or letters
• Suggestive comments on memos
• Graffiti

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Examples of Sexual Harassment

• Visual
• Explicit pictures (e.g., Playboy, pin-ups)
• Photocopies of private body parts
• Explicit Films
• Sex Toys

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Examples of Sexual Harassment

• If in doubt, dont do it!

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Why People Dont Report Harassment

• Embarrassment
• Believe the behavior will be ignored
• Fear of losing job or status
• Fear of retaliation
• Fear of being blamed for inviting the harassment
• Concern for not being believed

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Why People Dont Report Harassment

• Concern about being labeled a troublemaker
• Fear of harmful rumors or loss of privacy
• Fear that nothing will be done about the problem
• Fear complaint process will be worse than the
  harassment

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Dangerous words

• If someone complains to you about harassment, be
  careful these words dont come out of your mouth
• Its just teasing-no big deal
• Its your fault for dressing that way
• Just ignore it
• He puts his arms around everyone
• Why cant you learn to accept a compliment

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Dangerous words

• Its a joke. Lighten up
• Oh well boys/girls will be boys/girls
• This kind of behavior is all part of growing up
• Oh thats just _________, he/she doesnt mean
  anything by it

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Institutional Liability

• Federal and state laws make Purdue liable for
  sexual harassment
• Liability depends on whether we took prompt
  corrective action to stop the harassment
• May also depend on who the harasser and harassee
  is
• Harassment by co-worker of fellow student
• responsible if university knew or should have
  known about harassment and did nothing

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Institutional Liability

• Harassment by supervisor, teacher, or other
  authority figure
• always held liable whether or not the institution
  knew about the harassment
• employees/students have no responsibility to
  tell, but the institution still must stop it.
• Need to encourage reporting of sex harassment

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Handling Sexual Harassment Complaints

• Take any report seriously
• Listen, sympathize, but dont judge
• Dont delay. Help the person get to someone
  designated to handle sexual harassment complaints
• Respond to concerns. Assure individual that the
  university takes complaints seriously.

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Handling Sexual Harassment Complaints

• Document. Make a written, detailed summary of
  what the person told you and provide it to the
  person handling the complaint.
• Follow up with the person who complained to you
  and make sure they are getting the help they need.

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Handling Sexual Harassment Complaints

• Avoid dangerous words like, Oh, Im sure he/she
  was just teasing.

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Strategies for Dealing with Sexual Harassment

• If you are the target of harassment
• Confront the harasser and tell them their
  behavior is inappropriate and unwanted.
• Keep records of the harassing behavior.
• Educate yourself on the policies.
• Attend educational programs
• Seek advise/assistance from someone who handles
  complaints

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Strategies for Dealing with Sexual Harassment

• If you supervise
• Be a role model. You set the tone for what
  behavior will be tolerated.
• Dont allow sexist, stereotyped or sexual
  remarks.
• Let persistent harassers their job or student
  status in on the line.
• Be aware of your language, body language, and
  gestures.

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Strategies for Dealing with Sexual Harassment

• Be aware of your audience
• Be consistent with everyone. Dont single
  someone out.
• Be an active listener
• Seek advise/assistance from someone who handles
  complaints

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Where to Go for Help

• Your department head or supervisor
• Human Resource Services
• Affirmative Action
• Womens Resource Office
• Diversity Resource Office
• Graduate School
• Dean of Students Office