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Preventing Sexual Harassment

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Title: Preventing Sexual Harassment


1
Preventing Sexual Harassment
  • Academic Human Resource
  • Service Teams
  • Personnel Services

2
Summary Of Title VII and IX
  • The universitys obligation under Title VII and
    Title IX is three fold
  • to ensure that faculty,students, supervisors and
    employees are aware that sexual harassment is
    prohibited
  • to provide a means to allow alleged victims to
    bring their complaints to the attention of
    appropriate managers, and

3
Summary Of Title VII and IX
  • to take prompt, remedial and corrective action
    when sexual harassment comes to the universitys
    attention

4
Anti-Harassment Policy C-33 Definition of
Harassment
  • Harassment is conduct towards another person or
    identifiable group of persons that has the
    purpose or effect of
  • creating an intimidating or hostile educational
    environment, work environment, or environment for
    participation in a University activity or

5
Anti-Harassment Policy C-33 Definition of
Harassment
  • unreasonably interfering with a persons
    educational environment, work environment, or
    environment for participation in a University
    activity or
  • unreasonably affecting a persons educational or
    work opportunities or participation in a
    University activity.

6
Definition of Sexual Harassment from C-33
  • Sexual Harassment is any unwelcome sexual
    advance, request for sexual favors or other
    written, verbal or physical conduct of a sexual
    nature when
  • submission to such conduct is made either
    explicitly or implicitly a term or condition of
    an individuals employment, education, or
    participation in a University activity

7
Definition of Sexual Harassment from C-33
  • Submission to, or rejection of, such conduct by
    an individual is used as the basis for, or a
    factor in, decisions, affecting that individuals
    employment, education, or participation in a
    University activity or

8
Definition of Sexual Harassment from C-33
  • such conduct has the purpose or effect of
    unreasonably interfering with an individuals
    employment or academic performance or creating an
    intimidating, offensive, or hostile environment
    for that individuals employment, education, or
    participation in a University activity.

9
Defining Sexual Harassment
  • University policy, as well as state and federal
    law, recognizes two basic kinds of sexual
    harassment.
  • Quid pro quo (this for that) harassment occurs
    when sexual favors or activities are explicitly
    or implicitly demanded in exchange for a job or
    educational benefit.

10
Defining Sexual Harassment
  • Hostile environment sexual harassment occurs when
    unwelcome sexual conduct significantly interferes
    with school or work performance. It is behavior
    that creates an intimidating, hostile, or
    offensive learning or working environment.

11
Is It Sexual Harassment?Four Deciding Factors
  • Factor 1 - Was the conduct sexual in nature?
  • sexual propositions and advances
  • sexual innuendoes
  • lewd language, jokes, pictures, or actions
  • gender based hostility

12
Is It Sexual Harassment?Four Deciding Factors
  • Factor 2 - Was the conduct unwelcome?
  • subjective test - conduct must actually be
    unwelcome and offensive to the employee or
    student bringing the complaint
  • conduct can be voluntary (consensual), but
    unwelcome

13
Is It Sexual Harassment?Four Deciding Factors
  • Factor 3 - Was the conduct severe or pervasive?
  • A single instance of quid pro quo harassment
    (I.e. , a promotion or grade in exchange for sex)
    is severe enough to constitute harassment
  • a single lewd joke is neither severe nor
    pervasive enough to constitute harassment

14
Is It Sexual Harassment?Four Deciding Factors
  • Factor 4 - Would a reasonable person find the
    conduct hostile, intimidating or offensive?
  • The victims point of view is important
  • the gender of the victim counts the effect of
    conduct on a reasonable woman may differ from
    its effect on a reasonable man.

15
Is It Sexual Harassment?Four Deciding Factors
  • University policy states that in determining
    whether sexual harassment has occurred, the
    alleged incident will be evaluated by considering
    the totality of the particular circumstances,
    including the nature, frequency, intensity,
    location, context, and duration of the questioned
    behavior.

16
Is It Sexual Harassment?Four Deciding Factors
  • This means that although no one factor may be
    decisive, an accumulation of factors might be.

17
Sexual Harassment and Power
  • When sexual advances are made by supervisors,
    faculty, or others in positions of authority, the
    conduct should be scrutinized closely because of
    the strong possibility of intimidation and abuse
    of power.

18
Consensual Relations
  • Title VII and Title IX do not prohibit
    voluntary/consensual relationships, but the
    courts will closely scrutinize supervisory-subordi
    nate or faculty-student relationships to
    determine whether consent was coerced.

19
Consensual Relations
  • Even consensual relations can have other
    implications for university liability. The EEOC
    has recognized that favoritism resulting from
    open consensual relationships could constitute
    sex discrimination against others not so favored.

20
Consensual Relationships and Claims
  • Consensual relationships can result in claims if
  • The romance goes sour. One party did not
    entirely welcome the relationship or, after a
    time, finds it distasteful and perceives
    continued pursuit as harassment.

21
Consensual Relationships and Claims
  • A third party claims favoritism. A third party
    perceives favoritism in the relationship and
    believes he or she should have been entitled to
    the same benefits as a party in the relationship,
    such as a better job, salary increase, larger
    office, more favorable recommendation, better lab
    facilities, etc. or

22
Consensual Relationships and Claims
  • A third party finds the behavior disruptive or
    offensive. A third party complains that the
    behavior between the parties - such as making
    love indiscreetly in the office - is disruptive
    and offensive.

23
Sexual Harassment and Amorous Relationships
  • Executive Memorandum C-33
  • Amorous relationships that occur in the context
    of educational or employment supervision and
    evaluation present serious concerns about the
    validity of consent..
  • In the event of a charge of sexual harassment,
    the University will give careful scrutiny to any
    defense based upon consent when the facts
    establish that a power differential existed
    within the relationship.

24
What to do if you are in a Consensual Relationship
  • Determine whether an ethical conflict of interest
    exists.You may have a direct conflict of interest
    if you are in a position to
  • determine the persons grade
  • give or withhold credit for a project
  • hire or fire the person or

25
What to do if you are in a Consensual Relationship
  • If a direct conflict does not exist, determine
    whether and indirect conflict exists that would
    result in the same ethical dilemma. There may be
    an indirect conflict of interest if you are in a
    position to
  • influence colleagues on behalf of or against the
    person or
  • Recommend or refuse to recommend the person for a
    job, promotion, etc.
  • Cause others to feel disadvantaged because of
    your actions on behalf of the person.

26
What to do if you are in a Consensual Relationship
  • Act to remove the conflict of interest
    immediately. This may be accomplished in a
    number of ways, including withdrawing form the
    supervisory position over the person if possible,
    or ending the relationship.

27
Examples of Sexual Harassment
  • Verbal Conduct
  • Remarks about physical characteristics (e.g.,
    comments about body parts)
  • Remarks about attractiveness or appearance (e.g.,
    That outfit looks sexy.)
  • Remarks about sexual activity (e.g. discussion of
    dating, sex lives, preferences)
  • Sexual jokes

28
Examples of Sexual Harassment
  • Nonverbal Conduct
  • Suggestive or insulting noises
  • Leering
  • Whistling
  • Gazing
  • Sneering
  • Making obscene gestures
  • Exposing oneself

29
Examples of Sexual Harassment
  • Physical Conduct (any unwanted physical contact,
    including)
  • Touching -- any part of anothers body --
    especially in a suggestive manner
  • Hand holding
  • Pinching/grabbing
  • Back rubs or shoulder massages
  • Brushing up against another person
  • Coerced sexual intercourse

30
Examples of Sexual Harassment
  • Written (including electronic communications and
    e-mail)
  • Love notes or letters
  • Suggestive comments on memos
  • Graffiti

31
Examples of Sexual Harassment
  • Visual
  • Explicit pictures (e.g., Playboy, pin-ups)
  • Photocopies of private body parts
  • Explicit Films
  • Sex Toys

32
Examples of Sexual Harassment
  • If in doubt, dont do it!

33
Why People Dont Report Harassment
  • Embarrassment
  • Believe the behavior will be ignored
  • Fear of losing job or status
  • Fear of retaliation
  • Fear of being blamed for inviting the harassment
  • Concern for not being believed

34
Why People Dont Report Harassment
  • Concern about being labeled a troublemaker
  • Fear of harmful rumors or loss of privacy
  • Fear that nothing will be done about the problem
  • Fear complaint process will be worse than the
    harassment

35
Dangerous words
  • If someone complains to you about harassment, be
    careful these words dont come out of your mouth
  • Its just teasing-no big deal
  • Its your fault for dressing that way
  • Just ignore it
  • He puts his arms around everyone
  • Why cant you learn to accept a compliment

36
Dangerous words
  • Its a joke. Lighten up
  • Oh well boys/girls will be boys/girls
  • This kind of behavior is all part of growing up
  • Oh thats just _________, he/she doesnt mean
    anything by it

37
Institutional Liability
  • Federal and state laws make Purdue liable for
    sexual harassment
  • Liability depends on whether we took prompt
    corrective action to stop the harassment
  • May also depend on who the harasser and harassee
    is
  • Harassment by co-worker of fellow student
  • responsible if university knew or should have
    known about harassment and did nothing

38
Institutional Liability
  • Harassment by supervisor, teacher, or other
    authority figure
  • always held liable whether or not the institution
    knew about the harassment
  • employees/students have no responsibility to
    tell, but the institution still must stop it.
  • Need to encourage reporting of sex harassment

39
Handling Sexual Harassment Complaints
  • Take any report seriously
  • Listen, sympathize, but dont judge
  • Dont delay. Help the person get to someone
    designated to handle sexual harassment complaints
  • Respond to concerns. Assure individual that the
    university takes complaints seriously.

40
Handling Sexual Harassment Complaints
  • Document. Make a written, detailed summary of
    what the person told you and provide it to the
    person handling the complaint.
  • Follow up with the person who complained to you
    and make sure they are getting the help they need.

41
Handling Sexual Harassment Complaints
  • Avoid dangerous words like, Oh, Im sure he/she
    was just teasing.

42
Strategies for Dealing with Sexual Harassment
  • If you are the target of harassment
  • Confront the harasser and tell them their
    behavior is inappropriate and unwanted.
  • Keep records of the harassing behavior.
  • Educate yourself on the policies.
  • Attend educational programs
  • Seek advise/assistance from someone who handles
    complaints

43
Strategies for Dealing with Sexual Harassment
  • If you supervise
  • Be a role model. You set the tone for what
    behavior will be tolerated.
  • Dont allow sexist, stereotyped or sexual
    remarks.
  • Let persistent harassers their job or student
    status in on the line.
  • Be aware of your language, body language, and
    gestures.

44
Strategies for Dealing with Sexual Harassment
  • Be aware of your audience
  • Be consistent with everyone. Dont single
    someone out.
  • Be an active listener
  • Seek advise/assistance from someone who handles
    complaints

45
Where to Go for Help
  • Your department head or supervisor
  • Human Resource Services
  • Affirmative Action
  • Womens Resource Office
  • Diversity Resource Office
  • Graduate School
  • Dean of Students Office
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