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Office of Institutional Equity and Equal Opportunity

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Discrimination & Harassment What You Need To Know! Office of Institutional Equity and Equal Opportunity 257-8927 Patty Bender Asst. VP for Equal Opportunity – PowerPoint PPT presentation

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Title: Office of Institutional Equity and Equal Opportunity


1
Discrimination Harassment What You Need To Know!
  • Office of Institutional Equity and Equal
    Opportunity
  • 257-8927
  • Patty Bender
  • Asst. VP for Equal Opportunity

An Equal Opportunity University
2
What Do We Do All Day?
  • Monitor provisions of equal opportunity
    investigate complaints
  • Respond to Federal and State Agencies
  • Institutional Representative - Council on
    Post-Secondary Education
  • Affirmative Action Plan
  • ADA Coordination
  • Training and Staff Development
  • Diversity vs Compliance

3
Civil Rights Statutes and Regulations
  • Title VI, Title VII of the Civil Rights Act of
    1964
  • Section 504 of the Rehabilitation Act of 1973
  • Americans with Disabilities Act of 1990
  • Age Discrimination Act of 1975
  • Title IX of the Education Amendments of 1972
  • Civil Rights Restoration Act of 1987
  • Civil Rights Restoration Act of 1991
  • Executive Order 11246
  • State Law KRS 344
  • University of Kentucky
  • Governing and Administrative Regulations
  • Human Resources Policy
  • Student Code

4
Discrimination and Harassment Policy A.R. 61
  • The University, in its efforts to foster an
    environment of respect for the dignity and worth
    of all members of the University community, is
    committed to maintaining an environment free of
    prohibited discrimination, which includes sexual
    and other forms of harassment. Discrimination
    and harassment are prohibited between members of
    the University community and shall not be
    tolerated.

5
Policy Definitions
  • Discrimination an action or behavior that
    results in negative or different treatment of an
    individual based upon race, color, ethnic origin,
    national origin, creed, religion, political
    belief, sex, sexual orientation, marital status,
    age, uniform service, veteran status, or physical
    or mental disability.

6
Policy Definitions
  • Harassment a form of discrimination, is
    unwelcome conduct that is based on the
  • statuses noted in the definition for
    discrimination. Harassment becomes a violation
    of
  • university policy when
  • The offensive conduct explicitly or implicitly
    becomes a term or condition of employment or
    participation in a University course, program or
    activity or
  • The conduct is sufficiently severe, pervasive, or
    persistent to interfere with an individuals
    work, academic or program participation, or
    creates an environment that a reasonable person
    would consider intimidating, hostile, or
    offensive.

7
Policy Definitions
  • Retaliation occurs when an adverse action is
    taken against a covered individual because he or
    she engaged in a protected activity, i.e.
    reporting discrimination or participating in an
    investigation of a discrimination report.
  • Members of the University Community consists of
    faculty, staff, students, and volunteers, as well
    as customers and visitors of the University.

8
Policy Definitions
  • Sexual harassment a form of sex discrimination,
    may or may not take place in situations
  • of a power differential between the individuals
    involved. Sexual harassment includes
  • unwelcome sexual advances, requests for sexual
    favors, or other verbal or physical
  • behavior of a sexual nature and becomes a
    violation of University policy when
  • The offensive conduct explicitly or implicitly
    becomes a term or condition of employment or
    participation in a University course, program, or
    activity or
  • The conduct is sufficiently severe, pervasive, or
    persistent to interfere with an individuals
    work, academic or program participation, or
    creates an environment that a reasonable person
    would consider intimidating, hostile or offensive.

9
Policy Definitions
  • Conduct of an amorous or sexual nature occurring
    in an apparently welcome relationship may be
    unwelcome due to the existence of a power
    difference which restricts a subordinates
    freedom to participate willingly in the
    relationship.
  • If one of the parties in an apparently welcome
    amorous or sexual relationship has the
    responsibility for evaluating the performance of
    the other person, the relationship must be
    reported to the dean, department chair or
    supervisor so that suitable arrangements can be
    made for an objective evaluation of the student
    or employee. (Governing Regulation I.D.2(f)).

10
Conduct Prohibited May include, but is not
limited to
  • - physical assault
  • - direct solicitation of sexual activity or other
    sex-related behavior accompanied by the promise
    of reward or threat of punishment
  • - unwelcome physical contact such as touching, or
    physical interference which limits participation
    in or benefit from work or academic performance

11
Conduct Prohibited May include, but is not
limited to
  • - unwelcome remarks about a persons clothing or
    body sexual questions, jokes, anecdotes and
    stories display of sexually offensive posters,
    pictures, words or messages
  • - introduction of sexually explicit materials
    into the classroom or workplace without an
    educational or work-related purpose

12
Other Conduct Prohibited May include, but is not
limited to
  • - offensive jokes, slurs, epithets or name
    calling, physical assaults or threats,
    intimidation, ridicule or mockery, insults,
    offensive objects or pictures, and any other
    conduct that interferes with or limits the
    ability to participate in or benefit from
    services or privileges provided by the University.

13
Prohibited Acts and Sanctions
  • Engaging in discrimination,
  • Retaliating in any manner against any individual
    who reports discrimination or who participates in
    an investigation of a discrimination report and,
  • Making an intentionally false accusation of
    discrimination through the Universitys
    procedures.
  • Any member of the University community who
    engages in a prohibited act against any other
    member of the University community shall be
    subject to disciplinary action and
  • appropriate sanctions up to and including
    termination or expulsion.

14
Hostile Environment
  • Frequency of the conduct
  • Severity
  • Physically threatening or humiliating
  • Unreasonably interferes with work or academic
    performance

15
Facts about Harassment -
  • Is it about sex, power, or just offensive
    behavior?
  • Who is the victim?
  • It has nothing to do with gender or sexual
    orientation anyone can sexually harass anyone
    else
  • Reasonable person standard
  • Effect vs. Intent
  • Timeliness

16
Considerations When Investigating Harassment
  • Discretion
  • Safety
  • Timeliness
  • Individual facts
  • Due process
  • There are NO easy cases

17
What should you do?
  • Write it down - people, places, dates, details
  • Ask the harasser to stop the offensive behavior
  • Seek help from university officials
  • Do not delay informing others of inappropriate
    behavior
  • Check on available campus resources

18
You are responsible!
  • Never tell anyone to ignore it
  • Know the person responsible for handling these
    issues and get them involved ASAP
  • If you know or should have known that
    harassment is going onyou are responsible

19
Complaint Procedures
  • The Office of Institutional Equity and Equal
    Opportunity is the University office charged with
    handling reports of discrimination and for
    developing procedures for the investigation and
    resolution of reports.
  • Members of the University community are
    encouraged to contact the Office of Institutional
    Equity and Equal Opportunity for additional
    information regarding the investigation and
    resolution procedures or to report
    discrimination, harassment, or retaliation.
  • There may be findings of retaliation, even in the
    absence of discrimination or harassment findings.
    Reports should be made as soon as possible after
    the alleged incident to facilitate the most
    effective investigation and resolution.

20
Complaint Procedures
  • A report of discrimination may also be initiated
    by contacting any dean, director, faculty member,
    department head, manager, supervisor, or other
    individual with administrative responsibility.
  • Any such individual who receives a report of
    discrimination shall contact the Office of
    Institutional Equity and Equal Opportunity as
    soon as possible after receiving the report.
  • In determining whether conduct constitutes
    discrimination or harassment, University
    officials shall look at the record as a whole and
    at the totality of the circumstances, such as
    nature of the behavior and the context in which
    the incident (s) occurred.

21
Resources
  • Students reporting problems with other students
    will be referred to the
  • Dean of Students Office
  • Dana Macaulay
  • 513 Patterson Office Tower
  • (859) 2573754
  • Dana.Macaulay_at_uky.edu

22
Resources
Director Melanie Matson 257-3189
Available for faculty, staff, and students
www.uky.edu/studentaffairs/vipcenter
23
Resources
EMERGENCY NUMBER 911 DEPARTMENT
NUMBER (859)257-UKPD(8573) FROM MOBILE
PHONES UKPD (8573) HEALTHCARE SECURITY
(859) 323-6152
24
Questions?
Discrimination in any form is prohibited
An Equal Opportunity University
25
Help is available!
Office of Institutional Equity and Equal
Opportunity 257-8927 Website
http//www.uky.edu/evpfa/eeo Email
AskEO_at_email.uky.edu
An Equal Opportunity University
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