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Harassment and Discrimination Prevention, Complaint Handling and Conflict Resolution

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Title: Harassment and Discrimination Prevention, Complaint Handling and Conflict Resolution


1
Harassment and Discrimination Prevention,
Complaint Handling and Conflict Resolution
Maggie Sloane Associate Director, Compliance and Conflict Resolution (540) 231-8771  msloane_at_vt.edu   Office for Equal Opportunity 336 Burruss Hall 0216 Blacksburg, VA  24061 (540) 231-7500  Main Office (540) 231-9460  Text Telephone (540) 231-8510  FAX www.oeo.vt.edu
2
Topics
  • Policy overview
  • Introduction to conflict resolution
  • Handling discrimination or harassment situations
  • Minimizing perceptions of harassment or
    discrimination
  • Training opportunities, including online resources

3
VT Anti-Discrimination and Harassment Prevention
Policy
Mutual respect core value in Principles of Community. VT prohibits discrimination or harassment on protected characteristics Mutual respect core value in Principles of Community. VT prohibits discrimination or harassment on protected characteristics
age color disability gender (inc. pregnancy) national origin political affiliation race religion sexual orientation veteran status
4
VT Anti-Discrimination and Harassment Prevention
Policy (cont.)
Prohibition applies to all levels and areas of University operations and programs, e.g. Prohibition applies to all levels and areas of University operations and programs, e.g.
students administrators faculty staff volunteers vendors and contractors
5
Definitions of Harassment
  • 1. Sexual coercion quid pro quo Unwelcome
    conduct of a sexual nature when
  • Employment or educational decisions based on
    accepting or rejecting conduct
  • Welcomeness depends on complainant, not intent
    of respondent
  • Always sexual
  • Power difference
  • Beware consensual relationships

6
Definitions of Harassment (cont.)
  • 2. Hostile or Intimidating Environment
  • Unwelcome behavior that unreasonably interferes
    with work academics.
  • At VT, based on protected characteristic, incl.
    sex
  • Reasonable person find hostile, threatening or
    intimidating.
  • Respondent may be a peer

7
Impact v. Intent
  • Intent is not relevant in determining whether
    behavior is harassment. What matters is impact
    of behavior on work environment.
  • The statement, "I didn't mean anything by it," is
    not a valid defense of harassing behavior.
  • However, intent can be a factor in choosing
    corrective action

8
Everyone should expect to be treated with
  • Respect
  • Fairness
  • Dignity

9
Options
  • Informal resolution
  • Formal processes

10
Informal Resolution
  • Possible options
  • Speaking directly to respondent
  • Seeking assistance from
  • Supervisor
  • Human resources professional
  • Faculty member
  • Employee Assistance Program
  • Administrator
  • Womens Center
  • OEO
  • Conflict resolution, including mediation

11
Features of informal resolution
  • Ordinarily is less disruptive.
  • Takes less time
  • Affords more privacy
  • Less risky
  • Parties usually have more control over outcome
    (with exceptions)
  • More likely to allow parties to associate in
    future.
  • Can allow win/win solutions
  • Can provide model for future dispute resolution.

12
Formal resolutionsometimes appropriate
  • Formal investigation by OEO
  • Formal complaint to OEO
  • State Employee Grievance Procedure
  • Federal EEOC/ State Human Rights
  • State Office of Equal Employment Services
  • Police
  • Litigation

13
If Supervisor is Aware of a Situation
  • Doing nothing is always the wrong response
  • Treat claim seriously, no matter how improbable
    you think it is. Do not assess credibility
  • Inform and get help from appropriate resources
    immediately
  • Confidentiality cannot be assured, but protect
    privacy. Share information only on need-to-know
    basis
  • Act promptly. Dont wait for formal or written
    complaint!

14
Retaliation, by Respondent or management,
violates VT policy and is illegal. And dont
penalize or discourage
  • Bringing a complaint/grievance
  • Consulting with other offices
  • Complaining to outside agencies
  • Contacting the police
  • Consulting a lawyer or filing a lawsuit

15
To avoid creating perceptions of
harassment/discrimination
  • Treat staff, colleagues and students with respect
    and dignity. Avoid embarrassing people
  • Get help promptly with performance problems.
  • Insist that people treat each other with respect,
    in your area or others

HR
16
To avoid creating perceptions of
harassment/discrimination (cont.)
  • Maintain a professional relationship Avoid
    personal comments or issues yours or theirs
  • Continue to set and model standards of behavior
    when on VT businesseven off campus, in the
    field, at conferences, and overseas. There is no
    300 mile limit.

17
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18
Special note on sexual harassment of students
Notice to Institution
  • if a responsible employee knew, or in the
    exercise of reasonable care should have known,
    about the harassment.

19
What is a responsible employee?
  • Any employee who
  • has the authority to take action to redress
    harassment,
  • has the duty to report to appropriate school
    officials sexual harassment or other misconduct,
    or
  • a student could reasonably believe has this
    authority or responsibility.

20
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