EEO Training

Transcript

1. AWARENESS AND PREVENTION REGARDING DISCRIMINATORY HARASSMENT, SEXUAL HARASSMENT AND SEXUAL VIOLENCE Allegheny College October 4, 2012
2. WHY IS THIS SUBJECT IMPORTANT?   It’s the right thing to do!   The law makes colleges and universities responsible for providing a living, learning and working environment free of unlawful harassment and sexual violence   Legal proceedings are expensive, time consuming, distracting – and often preventable   Individuals, reputations, personal and professional lives, financial stability all can be seriously harmed -- just by virtue of being accused
3. WHY IS THIS SUBJECT IMPORTANT? (cont’d)   When the complaint is relatively serious, the accused is often suspended or put on leave (with or without pay) pending investigation.   It is not just a matter of being able to refute a charge of harassment and clearing your name; damage usually will have already been done.   The goal is to never be charged in the first place.
4. SEXUAL & DISCRIMINATORY HARASSMENT MAY BE A VIOLATION OF:   Title VII of 1964 Civil Rights Act   Title IX of Education Amendments ╍  April 2011 Dear Colleague Letter   Age Discrimination Acts   ADA & Rehab Act   PHRA & FEOA   State tort law   Allegheny College Policy
5. OCR’S DEAR COLLEAGUE LETTER ON SEXUAL VIOLENCE   Sexual violence is a form of sexual harassment   It includes rape, sexual assault, sexual battery, and sexual coercion   OCR is focusing on this issue
6. OCR DEAR COLLEAGUE LETTER   Title IX Substantive Requirements   Title IX Procedural Requirements   Prevention: Education and training   Remediation: to victim and to institutional community at large   Enforcement: OCR proceedings; private litigation
7. OBLIGATION TO RESPOND PROMPTLY TO SEXUAL VIOLENCE   Prompt/immediate investigations of reports of sexual harassment/violence   How to identify and report sexual harassment/violence   How, when, and to whom to report
8. GRIEVANCE PROCEDURES ╍  Notice of procedures ╍  Adequate, reliable, and impartial investigations ╍  Parity of rights ╍  Preponderance of evidence standard ╍  Notification of outcome in writing
9. RECENT OCR CASES   Yale (complaint filed in 2011 by 16 students and recent alums) ╍  Allegations that Yale allowed growth of sexually hostile environment for female students ╍  Resolution Agreement with OCR, August 2012   Notre Dame (Resolution Agreement, July 2011) ╍  Procedures for handling sexual harass/assault cases ╍  Mandatory new student orientation program & more   Eastern Michigan (Resolution Agreement) ╍  Revise grievance procedures; implement training etc. etc.   Other recent Title IX cases at OCR ╍  Duke, Virginia, Princeton, Harvard Law School, Xavier ╍  Involving process as well as substance
10. TWO GENERAL CATEGORIES OF UNLAWFUL HARASSMENT   Quid Pro Quo: Harassment resulting in a tangible employment or educational action   Hostile Environment: No tangible employment or academic benefit/detriment needed. (NOTE: hostile environment harassment does not have to be sexual in nature. It can be harassment based upon membership in any protected category.)
11. EXAMPLES OF TANGIBLE EMPLOYMENT OR EDUCATIONAL ACTIONS   Termination or expulsion   Grade in a course   Demotion or transfer   Cut in compensation or benefits (or denial of an increase)   Substantial adverse changes in responsibilities   Negative evaluation or reference for graduate school
12. TANGIBLE EMPLOYMENT OR ACADEMIC ACTIONS Faculty and Administrators must never base any employment or academic decision on the existence or rejection of a sexual or romantic relationship.
13. FACULTY AND ADMINISTRATORS EXPECTATIONS   Faculty/Administrators are expected to avoid conduct that makes them vulnerable to accusations of unlawfully linking employment or academic decisions to sex, race, ethnicity, age, disability, or other protected classifications
14. CONSENSUAL RELATIONSHIPS – COLLEGE POLICY:   Allegheny College does not interfere with choices regarding personal relationships when these relationships do not conflict or interfere with the goals, policies, or mission of the College. However, even consensual relationships in which one party retains a supervisory or evaluative role over the other party hazard a basic violation of professional ethics and responsibility.
15. CONSENSUAL RELATIONSHIPS – COLLEGE POLICY (cont’d):   Therefore, Allegheny College strongly discourages such relationships and requires employees to disclose immediately, to the appropriate administrative supervisor, any romantic or sexual relationship with a person over whom he/she holds supervisory or evaluative power. Furthermore, decisions and evaluations concerning the person of lesser authority must be conducted by someone other than the employee so involved.
16. CONSENSUAL RELATIONSHIPS – COLLEGE POLICY (cont’d):   In addition, Allegheny College prohibits romantic or sexual relationships between non-student employees and students, unless the relationship existed prior to the employee’s date of hire or an adult student’s matriculation.   Non-student employees who violate this policy will be subject to disciplinary action that will be determined on a case-by-case basis. Violation of this policy may result in suspension or termination.
17. FACULTY / ADMINISTRATORS SHOULD NOT:   Engage in a consensual romance with subordinates, students or other persons over whom you have power   Engage in conduct that could contribute to a hostile or offensive environment   Make employment or academic decisions that are arbitrary, unfair, inconsistent, premature
18. HOSTILE ENVIRONMENT No Tangible Employment Or Academic Action Needed
19. EXAMPLES OF CONTRIBUTING BEHAVIOR (SEXUAL)   Sexual violence and sexual coercion   Hugging, kissing, embracing, patting, pinching, or other types of offensive touching   Persistent unwelcome social invitations   Displaying sexually explicit pictures or other materials (e.g., via computer)   Making sexually suggestive comments, or using vulgar language of a sexual nature   Asking an employee or student questions about his/ her sex life
20. EXAMPLES OF OTHER TYPES OF HARASSING BEHAVIOR   Making sexist, racist, or other bigoted jokes   Using epithets or slurs related to race, ethnicity, religion, gender, national origin, age, disability, sexual orientation, etc.   Displaying graffiti or other written or graphic material that reflects hostility or is demeaning toward a person or group because of race, ethnicity, gender, national origin, age, disability, religion, etc.   Threatening, intimidating or hostile acts related to a protected characteristic
21. INTENT VS. IMPACT THE REASONABLE PERSON STANDARD
22. UNLAWFUL HARASSMENT CAN BE COMMITTED BY:   Men against women, women against men, and members of one sex against members of the same sex   Members of the same race, ethnicity, gender, religion (or other protected class)   Management employees, nonmanagement employees, students and “outsiders” (e.g., outside consultants, vendors, donors, alumni, etc.)
23. WHY TRAINING IN THIS AREA IS IMPORTANT FOR THE COLLEGE   Supreme Court Decisions & OCR’s DCL   Prevention is a “must”   Education and training are essential to prevention   Effective, “user-friendly” policies are likewise essential   As an education institution, the College should be seen as a leader in this area
24. CORNERSTONES OF PREVENTION PROGRAM   Effective written campus-wide policies   Zero tolerance   User friendly complaint & grievance procedures   Dissemination of policies   Educate and train all constituencies   Rights and responsibilities   Encourage individuals to use system   Institutional control   Appropriate corrective/remedial actions
25. WHAT HAPPENS WHEN A REPORT OF HARASSMENT OR HARASSING CONDUCT IS MADE?   College will conduct a prompt and thorough investigation as appropriate under the circumstances. Steps taken depend on the nature of the allegations   All employees must cooperate fully in the course of any investigation
26.   Confidentiality will be maintained throughout the investigation, subject to the need to conduct a full and fair investigation.   If College determines that sexual or discriminatory harassment has occurred, prompt corrective action will be taken, which usually includes disciplinary action against the offending person, up to and including termination of employment or expulsion from school.
27.   NO RETALIATION WILL OCCUR: Retaliation is regarded as a very serious violation of the College’s policies and should be reported immediately. Retaliation by anyone against a complaining party or against anyone assisting an investigation will be grounds for immediate discipline, up to and including dismissal from school or from employment.
28. SPEAK UP!   No matter how uncomfortable or unpleasant, anyone experiencing a violation of the College’s policies should lodge a complaint.   Don’t wait for the conduct to be repeated or get worse. The best chance for success is to “nip it in the bud.”
29. RESPONSIBILITY OF ALL INDIVIDUALS REGARDING HARASSMENT & SEXUAL VIOLENCE/COERCION:   Read and understand the policies against harassment and sexual violence   Abide by the policies   Ask questions if you do not understand any aspects of the policies   Be proactive with respect to prevention
30. RESPONSIBILITY OF ALL INDIVIDUALS REGARDING HARASSMENT & SEXUAL VIOLENCE OR COERCION  Immediately report ANY conduct which you perceive to be a violation of the College’s policies to Human Resources or the appropriate Dean
31. RESPONSIBILITY OF ALL INDIVIDUALS REGARDING HARASSMENT & SEXUAL VIOLENCE OR COERCION   TREAT EVERYONE WITH RESPECT AND PROFESSIONALISM   WATCH WHAT YOU SAY AND DO   AVOID COMPROMISING SITUATIONS   REFRAIN FROM CONDUCT WHICH IS, OR REASONABLY MAY BE, OFFENSIVE OR ABUSIVE TO ANOTHER
32. WHEN YOU RECEIVE A COMPLAINT OR HAVE REASON TO KNOW THAT OFFENSIVE CONDUCT HAS OCCURRED:   Do not condone harassing conduct of others   Assure the individual that his/her concerns will be investigated promptly and thoroughly   Do not make any unilateral assessment of the issue   Do not start any investigation on your own   Contact the proper person w/o delay (e.g., Academic Dean, H.R., Dean of Students)
33. WHO IS THE PROPER PERSON? HOW DOES THE INVESTIGATION PROCESS WORK?   The investigatory process is a, if not the, most critical element in enforcing the policies. It is important that it’s done correctly and by the appropriate person(s).
34. WHO IS THE PROPER PERSON? HOW DOES THE INVESTIGATION PROCESS WORK? (cont’d)   In order to ensure continuity and consistency, a complaint should be brought to the attention of Human Resources (staff), Academic Dean (faculty), Dean of Students or Sexual Harassment Officer (students) (or others listed in the College’s policies).   Those administrators (along with Title IX Coordinator) will determine proper course to take concerning the investigation, including who should conduct the investigation and what processes apply etc.
35. TIPS ON PREVENTING CLAIMS OF HARASSMENT   WATCH WHAT YOU SAY AND DO   Treat everyone with respect and professionalism   Encourage employees to come to you with concerns   Practice an open door policy   Always take complaints seriously
36. TIPS ON PREVENTING CLAIMS OF HARASSMENT (cont’d)   Avoid being placed or placing yourself in compromising situations   Respect boundaries   Make decisions carefully, as objectively as practicable, and consistently   Treat all similarly situated employees equally
37. TIPS ON PREVENTING CLAIMS OF HARASSMENT (cont’d)   Do not rely exclusively on formal complaint procedure   Be Proactive   Observe your surroundings   Address and correct inappropriate behavior, even if no one complains