Sexual Harassment Training

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Sexual Harassment Training

• Just the Facts

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Just the Facts

• Principles,Concepts and Definitions
• Sexual Harassment and the Law
• Handling the Sexual Harassment Complaint
• Dangerous Words
• Protecting Yourself and Preventing Sexual
  Harassment
• To Protect Yourself Against Charges of Sexual
  Harassment
• Informal Procedures
• Formal Procedures

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Just the Facts

• Factors to Consider in Determining Whether
  Conduct Rises to the Level of Actionable Sexual
  Harassment.

Severity
Conduct
Repeated
Mental
Effect
Gender
Document
Report
Behavior
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Vocabulary

• Sexual Harassment
• Quid Pro Quo
• Hostile Environment
• Unwelcome
• Reasonable Person
• Intent vs. Impact

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Sexual Harassment and the Law

• Title IXEducation Amendments of 1972
• Federal legislation prohibiting sex
  discrimination in education file with U.S.
  Department of Education can sue privately on own
  behalf. Types of remedies Cut-off of federal
  funding to the educational institution.
  Institution and officials liable for monetary
  damages.

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Sexual Harassment and the Law

• Meritor Saving Bank v. Vinson 106 S.Ct.2339
  (1986)
• The U.S. Supreme Court rules that sexual
  harassment violates Title VII prohibitions
  against sex discrimination in employment, and
  does not have to cause tangible economic harm to
  be actionable. It defined a hostile environment
  and delineated between voluntariness and
  welcomeness.

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Sexual Harassment and the Law

• Title VII1964 Civil Rights Act
• Federal legislation prohibiting sexual
  discrimination in employment file with Equal
  Employment Opportunity Commission (EEOC). Types
  of remedies Monetary compensation for back pay,
  lost benefits, and damages compensatory (e.g.
  emotional distress) and punitive damages
  possible job reinstatement.

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Recent Court Rulings

• Clarkson University of New York did not sexually
  discriminate against a female receiving clerk or
  wrongly terminate her, OCR held. The clerk
  alleged she was verbally harassed by a co-workers
  and her supervisor. OCR found, however, that the
  clerk herself engaged in vulgar and abusive
  sexual language at work and did not object at the
  time to the only corroborated statement made If
  you are going to get raped, you may as well sit
  back and enjoy it. That the statement was not
  severe enough to constitute sexual harassment,
  OCR found, holding that the clerk was terminated
  not because of her gender, but because of
  excessive absenteeism, poor job performance, a
  poor attitude and repeated use of vulgar and
  obscene language.

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Handling the Sexual Harassment Complaint

• Take the report seriously.
• Listen, sympathize, but dont judge.
• Dont delay.
• Respond to concerns.
• Document.
• Follow up on the complaint.
• Avoid using dangerous words.

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Dangerous Words

• When responding to a complaint, be careful that
  these words dont come out of your mouth
• Its just teasingno big deal.
• The people in our school would never do
• I know he/she didnt mean anything like that.
• Its your fault for dressing so provocatively.
• You need to learn to handle these things.
• Just ignore it.
• He puts his arms around everyone.
• Why cant you learn to accept a compliment?
• You must have wanted it, otherwise you would have
  told him no.
• Thats how they do things where he comes from.
• Its just a joke. Lighten up.
• No ones filed a charge so our hands are tied.
• Weve never had a complaint, so we dont have a
  problem.
• This kind of behavior is all part of growing up.
• Its a matter of hormones we cant control that
• If we had to discipline every student who used
  bad language wed never get anything else done.
• Its just a prank that got out of hand.

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Protecting Yourself and Preventing Sexual
Harassment

• The following checklist can be used to examine
  behavior
• Does this behavior contribute to achieving our
  goals?
• Could this behavior hurt my colleagues or
  students if they were hurt?
• Could this behavior be sending out signals that
  invite harassing behavior on the part of others?
• Would you say it in front of your spouse, parent,
  or child?
• Would you say it if you were going to be quoted
  on the front page of the newspaper?
• Would you say/act the same way to a member of
  your same gender?
• Why does it need to be said at all?
• What business is it furthering?

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To Protect Yourself Against Charges of Sexual
Harassment

• Keep your hands to yourself.
• Dont talk about sex on the job.
• Never mix a discussion of social life with a
  job-related counseling session, particularly if
  you are discussing a disciplinary procedure or a
  possible upgrade, promotion, or hire!
• Keep compliments casual and fairly impersonal.
• Avoid jokes, words, phrases and gestures with
  sexual meanings.
• Dont assume that a friendly woman/man will be
  willing to go to bed with you. Assume only that
  friendly people are friendly.
• Respect a persons personal space.

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UNC Policy on Sexual Harassment

• Formal Procedures
• Purpose To determine if sexual harassment has
  occurred, the culpability of the alleged
  offender, appropriate sanctions or remedies.
• How Initiated Generally the complainant, the
  institution or a third party writes charges of
  sexual harassment. Usually invoked when the
  behavior is serious or repeated and not amendable
  to informal procedures.

• Informal Procedures
• Purpose To stop the behavior. Should not be used
  for repeated or serious offenses (e.g. assault).
• How Initiated Must be complainants preference
  to use informal procedures. Generally do not
  involve written charges.

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UNC Policy on Sexual Harassment

• Formal Procedures
• Investigation Always required.
• Hearing or other due process proceeding Yes
• Outcomes If harassment is found a variety of
  sanctions may be applied

• Informal Procedures
• Investigation Complainant and alleged harasser
  may be interviewed, but usually not extensive
  investigation is necessary
• Hearing or other due process proceeding No
• Outcomes Generally, harassment stops (or formal
  processing of complaint is launched). Outcomes
  may include apology, promise not to repeat
  behavior, transfer of one party, voluntary
  resignation of alleged harasser.

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UNC Policy on Sexual Harassment

• Formal Procedures
• Advantages Sanctions may be invoked more likely
  to increase community awareness of problem and
  institutions commitment to solving it may
  settle credibility issues creates record in
  event of future claims

• Informal Procedures
• Advantages Less frightening and litigious
  confidentiality easier to maintain less
  likelihood of negative publicity no need to
  challenge motives or behaviors may educate
  harasser no issues of definition of sexual
  harassment or credibility or the parties
  complainant may play active role in resolution
  provides options for complainant and wide range
  of sanctions less costly than formal
  proceedings usually less polarizing.

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UNC Policy on Sexual Harassment

• Formal Procedures
• Who to Call
• Marshall Parks
• 12829 Phone
• 11386 Fax
• Marshall.Parks_at_unco.edu
• Josephine.Sanchez_at_unco.edu

• Informal Procedures
• Who to Call
• Your Supervisor
• Your Dean and/or
• Department Chair

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Factors to Consider in Determining whether
Conduct Rises to the Level of Actionable Sexual
Harassment
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Where to Get More Information

• Jean Schober Morrell, Dean of Students
• UNC Human Resources
• http//www.unco.edu/hr/relations.htm