Promoting Dignity and Respect at the University of Dayton

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Promoting Dignity and Respect at the University
of Dayton

• Preventing Sexual Harassment for Supervisors

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Purpose

• Define sexual harassment
• Share UD policy and procedure
• Reduce incidents of sexual harassment
• Provide information on where to go for help

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Any unwelcome sexually-oriented behavior may be
sexual harassment.

• It is gender neutral and of two main types
• Quid Pro Quo Latin phrase, meaning this for
  that
• Direct or implied requests for sexual favors in
  exchange for a job promotion, salary increase,
  favorable assignments, a better grade, or some
  other benefit

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Sexual Harassment (cont.)

• Hostile Environment - A working or learning
  environment that is intimidating, hostile or
  offensive to another individual.
• Substantially interferes with an individuals
  work or academic performance or status
• Is pervasive the behavior is sustained over
  time
• Can be physical, visual or verbal

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UD Policy
The University of Dayton prohibits sexual
harassment. Persons found to have engaged in
harassment will be subject to disciplinary action
including suspension, expulsion, or termination.
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Additional Policy Provisions

• Sexual harassers are subject to discipline, up to
  and including termination.
• False claims of sexual harassment may result in
  disciplinary action.
• Both an administrative and grievance process are
  available for investigating claims of sexual
  harassment.

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Additional Policy Provisions (continued)

• No one may retaliate against someone for making a
  sexual harassment claim. This is a serious
  offense and against the law which protects both
  the complainant and witnesses.

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What else do I need to know?

• Supervisors, HR employee relations managers, and
  grievance officers are obligated to investigate
  and stop sexual harassment.
• Total confidentiality cannot be guaranteed.
• LifeWorks (EAP) is available if your employee
  needs someone to talk to with complete
  confidentiality.

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Accountability

• UD is held accountable for its actions and the
  actions of its employees.
• Supervisors are agents of UD.
• UD and its agents must respond to allegations of
  sexual harassment with
• prompt and appropriate corrective action
• designed to
• reasonably end the harassment.

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Supervisors Role

• Know whats happening in your department.
• Model professional behavior.
• Incorporate Catholic/Marianist values in your
  day-to-day operation.
• Proactively address problematic behavior
  contact HR for assistance.
• Take accusations seriously.

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Supervisors Role (continued)

• Respond appropriately.
• Achieve resolution when possible.
• Follow up
• Has sexual harassment stopped?
• Prevent retaliation

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Supervisor Liability

• Can be sued for failure to act
• Knowing participation in sexual harassment could
  lead to no defense by UD

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Applying the UD Policy

• Employee reports to supervisor
• Supervisor investigates
• Ordinary Administrative Action
• If no resolution is achieved
• Special Internal Grievance Procedure
• Informal Process
• Formal Process

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Ordinary Administrative Action

• Always take a complaint seriously!
• Contact your HR employee relations manager
• To assist in administrative action, or
• After the fact whether resolved or not

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Ordinary Administrative Action

• Critical skills in dealing with claimants
• Making the complainant comfortable
• Neutral non-verbals
• Empathizing with objectivity and neutrality
• Listening/note taking

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Make the Complainant Comfortable

• Have adequate privacy.
• Ensure discretion and confidentiality to the
  extent possible.
• Discuss non-retaliation policy.
• Show acceptance and respect with your verbal and
  non-verbal communication.

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Empathize with Objectivity/Neutrality

• Focus on facts.
• Remain calm even if uncomfortable.
• Reserve any and all judgment.
• Acknowledge persons feelings allow him/her to
  feel as she/he does.
• Take notes but dont editorialize.

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Listen/Take Notes

• Active Listening
• Focus on the speaker.
• Ask open-ended, clarifying questions.
• Paraphrase responses to ensure understanding.
• Pace yourself to the complainants style of
  communicating.

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Listen/Take Notes

• Facts
• Who, what, when, where, why, how
• Separate facts from hearsay.
• Written complaint
• Complainant may agree or not
• Supervisor might ask complainant to review notes
  and verify accuracy

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Your Notes

• Organize and transcribe notes while fresh.
• Documentation may be needed well into future.
• Keep a hard copy in secure place. 
• Make your HR employee relations manager aware of
  the situation.

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Follow up to a Complaint

• Action before investigation?
• Is complainant safe?
• Should accused be put on leave with pay pending
  investigation? Reassigned?
• Does complainant need assistance?
• Confer with your HR employee relations manager.

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Follow up to a Complaint

• Talk with accused and witnesses.
• Provide copies of the UD policy.
• Conduct interviews.
• Maintain/retain excellent notes.
• Gain as complete and accurate an understanding as
  possible.
• Reach resolution, if possible.

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Using Judgment

• Preponderance of evidence
• Credibility of participants
• Confer with your HR employee relations manager.
• Mediation between parties
• Misunderstandings can sometimes be mediated and
  resolved.
• Discipline up to/including termination make the
  punishment fit the crime.

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No Resolution

• Some situations arent easily resolvable-- do
  your best.
• Complainant may invoke grievance policy by
  consulting with a grievance officer.

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Resources

• Several resources are available to you on-line at
  the HR website. These include
• A version of this presentation that you may print
• The Sexual Harassment Policy
• The names and contact information for the
  employee relations managers and the grievance
  officers

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Web Address

• To access any of these materials, please go to
• http//campus.udayton.edu/hr
• and then click on the Learning and Development
  page. Scroll down to the area listed as Other
  Training Opportunities for Supervisors

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• Thank you!