Introduction to Teaching

1
Introduction to Teaching

• Sexual Harassment
• What You Need to Know
• August 22, 2008
• Sponsored by
• Academy for the Art of Teaching

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Behavior

• Conduct must be demonstrated to have been
  unwelcome.
• Employer will be held strictly liable for the
  harassing conduct of supervisors for coworker
  liability, complainant must demonstrate that
  employer knew or should have known of harassing
  conduct and failed to take action.

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Examples

• Harassment offensive or derogatory comments,
  slurs, jokes, or other verbal or physical conduct
  based on an individuals protected group.

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Sexual Harassment

• Individual Cases
• Working Environment Hostile or Offensive

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Individual Cases (Quid Pro Quo -- This for That)

• 1. The Complainant is a member of a protected
  class
• 2. The Complainant was subjected to unwelcome
  sexual conduct
• 3. The unwelcome conduct was based on the
  Complainants sex
• 4. Acceptance or rejection of the sexual conduct
  was an expressed or implied condition of the
  receipt of a job benefit, or the basis for an
  adverse employment decision.

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Hostile or Offensive Working Environment

• 1. The Complainant is a member of a protected
  class
• 2. The Complainant was subjected to unwelcome
  sexual conduct
• 3. The unwelcome conduct was based on the
  Complainants sex
• 4. The unwelcome sexual conduct affects a term,
  condition or privilege of employment, and is so
  pervasive as to alter the working conditions and
  create an abusive working environment.

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Laws Prohibiting Sexual Harassment

• Title VII of the Civil Rights Act of 1964
• Executive Order 11246
• Title IX of the Education Amendments of 1972
• Florida Civil Rights Act of 1992
• Florida International University Rule

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Procedures to Address Complaints

• Florida International University
• Bargaining agreement procedures
• Equal Employment Opportunity Commission (EEOC)

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Consensual Relations? Pitfalls

• Relationship of Power
• Consent or Seduction
• Conflict of Interest
• Potential for Abuse and Exploitation
• Retaliation
• Claims of Favoritism by Others

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Conflict of Interest

• Determine grades
• Give or refuse recommendations
• Hire or fire student
• Influence colleagues for or against student
• Withhold credit for a project
• Others...

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Remedies Available

• Cessation of harassment
• Counseling or disciplinary action
• Changes in work or academic environment
• Changes in terms and conditions of work
• Back pay, if appropriate
• Damages
• Other

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No. 1 Anna

• Mr. Jameson is director of a prestigious
  international studies department at the
  University. The department recently entered into
  a partnership with three financial sponsors of a
  much-coveted international conference. He
  assigned responsibility for coordination between
  the University and the sponsors representatives
  to Anna, the department's research assistant.
• Juan, one of the representatives, has made
  several passes at Anna. She has made it quite
  clear that she is not interested in him and has
  resisted all of his advances. Nonetheless, he
  continues to pursue her. Juan manages to obtain
  Annas e-mail address and other personal
  information from another student in the
  department. During the last three months Juan
  has been sending Anna highly personal e-mail
  messages and faxes. She has asked him to stop,
  but he continues to pursue her.
• Anna is reluctant to complain for fear that she
  will loose her assistantship, which is her only
  means of financial support. Also, she is
  convinced that since the University does not
  employ Juan nothing can be done.

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No. 1 Anna

• Would you define Juans behavior as sexual
  harassment?
• What should Anna do?
• What steps should be taken?

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No. 2 Ruby

• Ruby is taking a laboratory course this semester.
  She is having a rather difficult time conducting
  an experiment. She decides to talk with her
  graduate teaching assistant about her work.
  While she was discussing the research, her TA
  suggests that the two of them date. Ruby makes
  it quite clear that she isnt interested in him
  romantically. Throughout the remainder of the
  semester, Ruby receives low grades on her
  research papers. When she asks her TA about his
  grading system, he replies, You had your
  chance.

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No. 2 Ruby

• Do you think this illustrates sexual
  harassment?
• Why or why not?
• What should Ruby do?

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No.3 Janice

• Janice was recruited for the athletic program at
  the local university. Soon after joining the
  team, the assistant coach began making passes at
  her. After six months of constant pressure,
  Janice finally relented and became sexually
  involved with the coach. The relationship was
  never reported. One afternoon, campus security
  came across the couple engaging in a sexually
  intimate act. The incident was reported to the
  Athletics Director the following day.
• The Director immediately summoned the head coach
  to his office to determine if he was aware of a
  relationship between his assistant coach and the
  student. He indicated that this was news to him,
  that he had no knowledge of the relationship. The
  coach was confronted with the report. The coach
  admitted to a two-year affair with the student.
  Janice later confirmed the relationship.
• When Janice's parents learned of the relationship
  they demanded the firing of the coach on the
  grounds that he had violated his position of
  trust with their daughter. The coach argued
  against his firing since the student was an adult
  and the relationship was consensual.

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No. 3 Janice

• Is this sexual harassment?
• Why or why not?
• What should the athletic director do?

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No. 4 Corrine

• Corrine was a first-year student at a large state
  university. After graduating at the top of her
  high school class, she thought she was ready to
  do the same in college. Unfortunately, her
  calculus and chemistry classes were killing her.
  After a discussion with her adviser, Corrine
  decided to go to her graduate teaching assistant
  for the chemistry class, John Collins, for extra
  help. After a couple of tutorial sessions, John
  asked Corrine out. She was flattered but turned
  him down because she had a boyfriend. John
  continued to ask her out despite stronger and
  stronger rejections from Corrine. Finally,
  Corrine feels so uncomfortable that she stopped
  going for help. She even skipped her afternoon
  lab because John was her lab technician. Her
  grades slipped. When she went to talk to her
  adviser about next semesters classes, he asked
  her how chemistry was going. Corrine burst into
  tears and told him what had been happening.

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No. 5 Russ

• Russ is a Ph.D. student who is well into the
  final writing stages of his dissertation.
  Belinda Rogers has been his advisor for three
  years. Russ and Dr. Rogers are required by the
  university to meet on a regular basis to discuss
  his progress. About midway through the semester,
  Dr. Rogers suggests that they begin meeting at
  her home during the evening for the sake of
  convenience. Russ accepts and thinks nothing of
  it until one evening Dr. Rogers asks him to stay
  for a nightcap. He stays. After a couple of
  drinks, Dr. Rogers tries to seduce him. Russ is
  stunned and, after mumbling a lame excuse,
  abruptly leaves. For the next few months Russ
  avoids all but formal contact with Dr. Rogers.
  During these meetings, he finds she is not
  reading or commenting on his dissertation draft.
  As his deadline nears he finds that his requests
  for recommendations and career assistances are
  being ignored, and his repeated phone calls
  unreturned. If Russ is unable to complete his
  dissertation his career opportunities in
  sociology will be seriously undermined. Russ
  goes to the head of the department.

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No. 5 Russ

• What should the department head do?
• What remedial action should be taken on Russ'
  behalf?

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Timeline for Filing

• Employee
• 100 days after latest incident
• Student
• 100 days after latest incident or within 10 days
  of start of next semester

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Contacts

• 1. Office of Equal Opportunity Programs PC
  215 at 348-2785
• 2. Counseling and Psychological Services Center
  
• 3. Victim Advocacy Center
• 4. Womens Center