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Preventing Harassment in the Academic Setting/Workplace

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in the Academic Setting/Workplace A short course in identifying and confronting sexual harassment in the workplace and the academic setting. Outline I. – PowerPoint PPT presentation

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Title: Preventing Harassment in the Academic Setting/Workplace


1
Preventing Harassment in the Academic
Setting/Workplace
  • A short course in identifying and confronting
    sexual harassment in the workplace and the
    academic setting.

2
Outline
  • I. What is Harassment?
  • Quid Pro Quo Hostile Environment
  • II. Liability
  • Individual Sources Categories Hostile
    Environment
  • III. Preventing Harassment
  • Avoiding Harassment Corrective Actions
    Investigation Factors Remedies Discipline

3
I. What is Harassment?
  • Conduct Behavior, acts and perceptions
  • Quid Pro Quo
  • Environment Visual, physical and
    verbal
  • Hostile
  • Abusive

4
Sexually Harassing Conduct
  • Can consist of

VISUAL Posters Cartoons Elevator Eyes Leering PHYSICAL Hugs Massage Gifts Touching Blocking Paths VERBAL Sexual Comments Girl, Hunk, Babe Jokes Cat Calls Whistling
5
Forms of Unlawful Harassment
  • Sex
  • Race/National Origin/Color
  • Disability
  • Religion
  • Marital Status
  • Age
  • Sexual Orientation

6
Types of Harassment Quid Pro Quo
  • Quid Pro Quo Explicit or implicit conditions
    for successful participation in an education
    program or employment. Includes submission to
    unwelcome sexual advances, requests for sexual
    favors, or other verbal, nonverbal, or physical
    conduct of a sexual nature, in exchange for
    grades or advancement.

7
Quid Pro Quo (Something for something)
  • Adverse action Benefits promised in exchange
    for sexual favors or denied if sexual favors are
    not given.

8
Quid Pro Quo
  • Factors
  • Was sexual conduct unwelcome?
  • Objectively harassing, i.e., would a reasonable
    person in the accusers position believe s/he was
    the victim of quid pro quo harassment?
  • Did the alleged harasser intend to subject the
    accuser to quid pro quo harassment?
  • Is there a nexus between a discussion about
    academic or job benefits and a request for sexual
    favors?

9
Hostile Environment
  • Sexually harassing conduct (which can include
    unwelcome sexual advances, requests for sexual
    favors, and other verbal, nonverbal, or physical
    conduct of a sexual nature) by an employee, by
    another student, or by a third party that is
    sufficiently severe, persistent, or pervasive to
    limit a person's ability to participate in or
    benefit from an education program or activity, or
    to create a hostile or abusive educational or
    working environment.

10
Hostile Environment in the Education Context
  • Sufficiently severe, persistent, or pervasive to
  • Limit ability to participate in or benefit from
    an education program or activity, or
  • Create a hostile or abusive educational
    environment

11
Effects of Harassment
  • Creates divisiveness
  • Impedes education
  • Promotes loss of respect
  • Perpetuates fear
  • Enhances interpersonal conflict
  • Destroys morale
  • Increases absenteeism turnover
  • Creates costly and unnecessary litigation

12
All Employees Are Personally Responsible
  • Since January 1, 2001 California law has
    provided that individual employees at all levels
    within an organization-not just supervisors and
    managers-are personally liable for any sexual
    harassment in which they engage.
  • In addition, if the employer concludes,
    based on its own investigation, that an employee
    engaged in sexual harassment it does not provide
    legal representation for any lawsuit filed
    against that employee.
  • This means that you would need to rely on
    your own assets to cover the costs of an attorney
    and to pay any judgment.

13
Sexual Harassment The Law
  • Title VII
  • California Fair Employment and Housing Act
    (FEHA)
  • Title IX
  • California Education Code 212.5
  • Tort Law
  • Case Law

14
Title VII
  • Title VII does not explicitly mention sexual
    harassment. The Supreme Court made clear,
    however, in its landmark 1986 decision in Meritor
    Savings Bank v. Vinson that Title VII prohibits
    sexual harassment, for it is a form of illegal
    sex discrimination.

15
Fair Employment and Housing Act (FEHA)
  • Unwanted sexual advances
  • Offering employment benefits in exchange for
    sexual favors
  • Making or threatening reprisals after a
    negative response to sexual advances
  • Visual conduct leering, making sexual
    gestures, displaying of suggestive objects or
    pictures, cartoon or posters
  • Verbal conduct making or using derogatory
    comments, epithets, slurs, and jokes

16
FEHA
  • Verbal sexual advances or propositions
  • Verbal abuse of a sexual nature, graphic
    verbal commentaries about an individual's body,
    sexually degrading words used to describe an
    individual, suggestive or obscene letters, notes
    or invitations
  • Physical conduct touching, assault, impeding
    or blocking movements

17
Title IX
  • Title IX of the Education Amendments of 1972
    (Title IX) and its implementing regulations No
    individual may be discriminated against on the
    basis of sex in any education program or activity
    receiving Federal financial assistance. Sexual
    harassment of students is a form of prohibited
    sex discrimination.

18
Education Code 212.5 et. Seq.
  • 2.1 Sexual harassment means unwelcome sexual
    advances, requests for sexual favors, and other
    verbal, visual, or physical conduct of a sexual
    nature, made by someone from or in the work or
    educational setting, under any of the following
    conditions
  • 2.1.1 Submission to the conduct is explicitly or
    implicitly made a term or a condition of an
    individual's employment, academic status, or
    progress.

19
Tort Law
  • Torts are civil wrongs recognized by law as
    grounds for a lawsuit.  These wrongs result in an
    injury or harm constituting the basis for a claim
    by the injured party. Among the types of damages
    the injured party may recover are loss of
    earnings capacity, pain and suffering, and
    reasonable medical expenses.  They include both
    present and future expected losses.

20
Case Law
  • Case law is court made law, as opposed to
    legislation. Case law results from lawsuits and
    court opinions. Case law, or common law makes
    up a great portion of our national and state
    laws. Faragher v. City of Boca Ratan and
    Burlington Industries v. Ellerth

21
Employer Liability for Harassment Between
Employees
  • Employer knows or should have known
  • Failed to take reasonable steps
  • Avoid liability by taking prompt remedial
    action to end harassment
  • Action reasonably calculated to end harassment
    deter others

22
Hostile Work Environment Harassment
  • Protected status
  • Physical, verbal or visual behavior
  • Objectively and subjectively offensive
  • Severe, persistent or pervasive
  • Unreasonably interferes with work or education

23
Was Conduct Offensive?
  • Objective Test The Reasonable Person
    Standard
  • Would a reasonable person in the same
    circumstances as the victim be offended?
  • Subjective Test Was the victim in fact
    offended?

Would I be offended?
Reasonable Person
24
Grey, or Borderline Areas
  • Consensual relationships between
    supervisors/subordinates or faculty/students
  • Solicitation of dates, or invitations to lunch,
    drinks or dinner
  • References to appearance or dress
  • Casual touching of non-intimate parts of the
    body

25
Same Sex Harassment Supreme Court Ruling
  • Neither party has to be gay
  • Conduct must be based on gender
  • The victim was singled out because of his/her
    gender
  • Objectively severe offensive
  • Totality of circumstances

26
Preventing Harassment
  • Avoiding Harassment
  • Corrective Actions
  • Investigation
  • Factors
  • Remedies
  • Discipline
  • Resolution

27
How to Avoid Harassment
  • Prevention is the key!
  • Take all complaints seriously handle
    according to procedure
  • Safe environment for harassment complaints
  • Be a good role model
  • Encourage open discussions
  • Train staff how to identify respond
  • Educate staff about rights obligations

28
Appropriate Corrective Action
  • Conduct prompt thorough investigation
  • Prevent harassment from recurring
  • Discipline harasser
  • Fits the conduct
  • Ensures it does not continue
  • Deters others
  • Ensure appropriate remedy
  • Harassment training
  • Re-publish harassment policy

29
Prompt Thorough Investigation
  • Encourage prompt reporting
  • Encourage promptly notifying offender behavior
    is unwelcome
  • Time lines for reporting
  • Retaliation WILL NOT be tolerated

RETALIATION
30
Stop the Harassment
  • Consider
  • Severity
  • Pervasiveness
  • Harassers overall record
  • Complainants employment history/student record
  • Notice of policy
  • Prior practice
  • Rules, policies, and union contracts

31
Appropriate Student Discipline
  • Suspension or expulsion when other corrective
    measures fail/not feasible
  • Suspension or expulsion if student is
    dangerous
  • Education/training

32
Remedies for Harassment
  • Counseling
  • Correct adverse action
  • Follow up and monitor
  • Voluntary transfer,
  • if requested in writing
  • after other options have been offered.

33
Fin
  • What did you learn?
  • What questions do you still have?
  • How can we help you further?
  • Contact the District Compliance Office at
    527-4303
  • or e-mail cprickett_at_santarosa.edu
  • Thanks!
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