College of Agriculture and Natural Resources

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College of Agriculture and Natural Resources

• Faculty and Staff
• Maryland Cooperative Extension
• and
• Maryland Agriculture Experiment Station
• Presented by
• Roger Candelaria J.D., Campus Compliance Officer
• Retired, Major Paul Dillon, Department of Public
  Safety

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Our goal is to offer you tools and
concepts

• To enhance your work environment
• To minimize your risk of liability
• To know where danger lurks
• To know what resources are available to you

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As front-line staff we need to know

• How to define or recognize sexual harassment and
  related crimes
• How sexual harassment affects people
• The universitys policies and procedures
• Where to get help
• How to prevent and confront sexual harassment

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What is Sexual Harassment?

• Sexually oriented or gender based behavior that
  is
• Unwelcome
• Unwanted and or
• Uninvited by the recipient
• It can be verbal
• Non-verbal or
• Physical

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Sexual Harassment defined

• Sexual harassment is defined consistent with
  the legal definition of civil and criminal laws
  of Maryland and the United States.
• It carries the penalty of personal and
  institutional liability.

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Definition is applied from the perspective of a
reasonable person within the College Park Campus
community

• Rules of common sense and reason shall prevail.
• General Principles
• Prevention
• Fairness
• Confidentiality

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UMCP policy defines sexual harassment as

• unwelcome sexual advances or
• unwelcome requests for sexual favors and
• other behavior of a sexual nature
• where submission to such conduct is made either
  explicitly or implicitly a term or condition of
  an individuals employment or participation in a
  University sponsored educational program or
  activity

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DEFINITION continued

• Submission to or rejection of such conduct by an
  individual is used as the basis for academic or
  employment decisions affecting that individual
  or
• Such conduct has the purpose or effect of
  unreasonably interfering with an individuals
  academic or work performance, or of creating an
  intimidating, hostile, or offensive educational
  or working environment.

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Sexual Harassment and Criminal Law
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Crimes

• For these offenses punishments may go beyond loss
  of job to include fines and jail.

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Related Crimes and Penalties

• Harassment - (Criminal)
• Course of conduct with intent to harass.
• Person has been requested to stop.
• No legal purpose for the contact.
• Punishable by 90 days in jail and a 500 fine.

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Crimes and penalties cont.

• 4th Degree Sexual Offense
• Sexual contact with another person.
• Without the consent.
• Touching of another that would be reasonably
  believed to be sexual in nature, i.e. touching
  buttocks, breasts, kissing, etc
• Punishable by 1 year in jail and a 1,000 fine!

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Crimes and Penalties cont

• 3rd Degree Sexual Offense
• Sexual contact with another without the consent.
• While using any kind of dangerous object or
  weapon.
• Threatening or placing the victim in fear.
• Committing the crime while aided by another.
• Punishable by up to 10 years in jail!!!

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Crimes and Penalties cont

• 2nd Degree Sexual offense
• Engaging in a sexual act with another.
• By force or threat of force.
• Without the consent.
• A felony punishable by 20 years in jail!

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Crimes and Penalties cont

• 1st degree sexual offense
• Engaging in a sexual act with another.
• Using force or threat of force.
• Without the consent.
• While displaying a dangerous weapon.
• Committed by more than one person.
• Punishable by life in prison.

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Crimes and Penalties cont.

• Rape in the 2nd degree
• Engaging in sexual intercourse with another.
• By force or threat of force.
• Without the Consent.
• 2nd degree punishable by 20 years.

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Crimes and Penalties cont.

• Rape in the 1st degree
• Engaging in sexual intercourse.
• By force or threat of force.
• Displaying a dangerous weapon.
• Aided by another person.
• 1st degree punishable by life in prison.

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University of Maryland Sexual Harassment Policy

• University of Maryland Sexual Harassment Policy
  is about the working and learning environment
• For personal, social, intellectual and
  professional development
• Free of intimidation, fear, coercion and reprisal

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Questions, Comments, Examples

• Do you have any questions?
• or
• Comments?
• or
• Share your examples

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What do you see???
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Scenarios 1. A supervisors responsibility
Dan and Sharon both work for dining services.
She works in the kitchen and he works on the
serving line, but they often see each other
during the day. Theyve slowly become friends.
Lately, Sharons questions about Dans weekends
have become very personal and, just in the last
few weeks, sexual. Shes described some of her
weekend sexual activities and, last week, asked
him what sexual activities he does and doesnt
like.
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A supervisors responsibility contd

• He told her it was none of her business, but
  she asked him the same questions yesterday. You
  are Dans Supervisor. He comes to you for
  advice, but stresses that he doesnt want to get
  her in trouble, and begs you not to say anything
  to her.
• What do you do?

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2. The unsolicited e-mail

• You are an off-campus employee. You receive
  by email at your University address an
  unsolicited but humorous satire of an ad for a
  product sold for penis enlargement. It appears
  from the header that the email came from a
  co-employee (of higher rank) and of your same
  gender and was sent to you and one other employee
  given to blabbing everything around the office.
  You know of yet another employee who would really
  get a laugh out of the ad.
• What do you do?

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Wilson y Jéssica

• Wilson molesta. Como si fuera chiste, dice a
  Jessica que ella es caliente.
• asi cada día el le menciona que ella es caliente
  o la mira cuando ella trabaja.
• Esto le fastidia a ella.

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Lucy

• Lucy works in an office and for a month the mail
  carrier David keeps putting Victoria Secret
  catalogs in her mail box with certain pages
  earmarked. One day she tells him it is
  inappropriate and never to put a catalog in her
  mailbox again. David ignores her and continues
  to place the catalogs in her mailbox.
• Is this sexual harassment?
• Is this a violation of law?
• If so, what law?

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3. The shady professor and his mentee

• Cassandra is a part time student in
• Bioscience. Her mentor, Dr. Hamilton, a
  renowned expert in the field, has been extremely
  supportive of her studies and has spent countless
  hours discussing it with her. Lately, he has
  invited her to his home for their meetings. He
  has a reputation as a ladys man, but she always
  felt comfortable around him and never questioned
  his intentions. She has gone to his home for
  three meetings. The first two times it seemed
  fine, but when she arrived for her third meeting,
  he poured her a glass of wine and led her by the
  hand to his study.

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The shady professor.cond

• She tried pulling her hand away but he just held
  it tighter. When they got to his study he let go
  of her hand, smiled flirtatiously and proceeded
  to as her about her classes. She felt extremely
  uncomfortable and found she couldnt focus on the
  discussion. She left feeling upset and confused.
  She doesnt want to say anything to him for fear
  that maybe she misinterpreted his behavior or
  that he might get angry and stop giving her the
  same intellectual support shes been getting from
  him. You are another faculty member in Extension
  and Cassandra come to you for advice.

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Tim and Tina

• Jim and Tina work in a small office mostly alone.
  One day Jim approaches Tina from behind, says I
  need a hug and puts his arms around her. While
  hugging her he also fondles her breasts.
• Is this sexual harassment?
• Is this a crime?
• If so, what crime?

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4. The Lonely Dean

• Janice has been the secretary for Dr. Clark,
  Dean of the College of X, for two years. Dr.
  Clark has been at the university for 21 years and
  is instrumental in the University receiving a
  5-million annual grant from private industry.
  Three months ago he became widowed. Shortly
  thereafter, Dr. Clark began inviting Janice to go
  to lunch. Janice has joined him, partly because
  she doesnt want to appear unsociable, and partly
  because she feels Dr. Clark may feel lonely after
  the recent death of his wife. Very recently,
  however, Dr. Clark has been brushing up against
  Janice in the office when there appeared to be
  sufficient room to go around her without touching
  her. Yesterday Dr. Clark invited Janice to his
  Virginia Beach home for the weekend so that, I
  can get to know you better.

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Wait, theres more!

• Dr. Clark then said to Janice, The better I
  know you, the better your chances of advancement
  in the office.

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Sexual Relationships, Ethics, Courting
Professional Calamity

• Context of educational or employment
  supervision

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Power differential Sex ?

• Likely to result in
• favoritism,
• resentment,
• rumor,
• distraction,
• loss of respect,
• loss of professional standing, family, job and
  home
• embarrassment,

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How to confront your word is law

• Say NO, STOP clearly and firmly
• Say NO with a letter
• Say NO through your supervisor or equity
  administrator
• Say NO through your Compliance
• Officer

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5. Annies bluetooth
While at work, Annie frequently makes or receives
calls to and from her friends. Her conversations
are audible and generously sprinkled with
sexually explicit language. Her co-workers in
nearby cubicles cannot help but overhear her
conversations. Can Annie's behavior be
interpreted as sexually harassing, even though
she is not addressing her language directly
toward her co-workers?
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Formal Complaint

• - multiple options call for assistance

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Formal Complaints

• Formal complaints are determined by a formal
  investigation.

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Filing a Complaint

• Informal Flexible process
• Where to file?
• College or Department Equity Administrator
• Campus Compliance Officer or
• the Legal Affairs Office
• vs.
• Formal
• Campus Compliance Officer
• Legal Affairs Office

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So what happens at the end?

• Sanctions when warranted
• Range from a reprimand or counseling to
• Termination (Firing)
• Expulsion

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Four steps document each one

• Give complainant policy
• Find out his or her concerns about policy/process
• Discuss with CCO or Legal Affairs
• What to expect
• Discussion of facts of the case known to date
• Considerations of the various options
• Assistance in choosing best resources and
  referrals
• Help in formulating a plan for handling the case
• Your questions addressed
• 4. Follow up with complainant

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Who may handle informal complaints?

• It depends.
• The policy says that it may be
• the supervisor or
• College or department equity administrator
• similar University official with administrative
  authority over the person accused or
• Campus Compliance Officer or
• office of Legal Affairs
• The Campus Compliance Officer or Office of Legal
  Affairs determines in each case who is the proper
  person to handle an informal complaint.

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Supervisors Responsibility

• If you receive an alert what to do
• Do something reasonable
• Make the phone call
• Whats the risk if you do nothing?
• (or act with deliberate indifference?)
• Personal and University Liability

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To your success!!

• Roger Candelaria J.D., Campus Compliance Officer
• Retired, Major Paul Dillon, Department of Public
  Safety
• Thank you and have a great year!