At Gettysburg College

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Creating a Culture of Respect

• At Gettysburg College

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Todays Session

• Creating a Culture of Respect
• Definition of Harassment and Discrimination
• Impact of Harassment and Discrimination in the
  Workplace
• Relationship with Customers and Students
• Myths and Misconceptions about Sexual Harassment
• Reporting Procedures
• What is Retaliation?
• Harassment and Discrimination-Free Workplace
  Policy and Grievance Procedure

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Why Is The Title Creating a Culture of Respect
Important?

• The College values the worth and dignity of all
  people.
• Our goal is to create an environment that is
  permeated with respectful interactions leading to
  an atmosphere that promotes collegiality and
  productivity in the workplace.
• We value individuals for who they are and the
  contributions they make to the College community.
• For this reason the College established a
  Harassment and Discrimination-Free Workplace
  Policy to promote prompt, reasonable and
  responsible resolution of issues raised by
  employees.
• Plus it is the right thing to do.

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What is Harassment Discrimination?

• Harassment
• Tangible Employment Action
• (formerly Quid Pro Quo)
• Actions that result in monetary loss, adverse
  change in workload or work assignment or loss of
  a professional advancement opportunity
• Hostile Environment
• Verbal or physical conduct of a sexual nature
• Conduct that is unwelcome
• Conduct that is severe or pervasive enough that a
  reasonable person would find it creates a hostile
  working environment.

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What is Harassment Discrimination?

• Discrimination
• Unfair treatment of a person or persons within a
  legally protected group on a basis other than
  individual merit such as
• Treating a person with a certain attribute less
  favorably than a person without the attribute in
  similar circumstances
• Imposing a requirement or practice with which a
  person with a certain attribute does not or can
  not comply
• Imposing tougher performance standards on people
  within a legally protected class.

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What are the Legally Protected Groups?

• Sex, Race, Color, Religion, National Origin, Age,
  Disability
• While sexual orientation is not currently
  protected by either state or federal law, the
  College has, at its discretion, chosen to
  recognize sexual orientation as a protected
  classification within our College community.

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The Colleges Declaration

• Gettysburg College will not tolerate harassment
  or discrimination on the basis of sex, race,
  color, national origin, age, religion,
  disability, sexual orientation, or any other
  trait or characteristic protected by any
  applicable federal, state, or local law or
  ordinance.

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What are some examples of prohibited behavior?

• Racial or ethnic jokes
• Unwanted touching from another person
• Obscene language or gestures
• Derogatory remarks about a persons age
• Making fun of a persons disability
• Demeaning comments about someones religious
  beliefs

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Important!!

• Socializing at work too often includes flirting
  or joking about sex. Employees may think this is
  just a routine way to communicate with someone
  they are interested in (just having fun)
  however, this banter can become insulting /or
  demeaning. It becomes sexual harassment when it
  creates a hostile, intimidating, or pressured
  working environment. Dont do it at work!

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Customers and Students

• Please remember to ALWAYS act in a professional
  manner with your customers and our students

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What is the impact of harassment and/or
discrimination?

• Loss of productivity
• Negative atmosphere
• Low morale
• Higher employee turnover
• Costly lawsuits
• Adverse media attention
• Damaged reputation

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Myths and Misconceptions about Sexual Harassment

• Myth Some people ask to be sexually harassed.
  They do this with how they dress, or how they
  act. They send "signals.
• Reality Being subjected to sexual harassment is
  a painful, difficult, and frequently traumatic
  experience. Defenses such as "she wore
  provocative clothes" and "he enjoyed it" are
  neither acceptable nor accurate.

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Myths and Misconceptions about Sexual Harassment

• Myth If you ignore sexually harassing behavior,
  it will eventually stop.
• Reality In a recent survey of woman, only 29
  of the women who said they tried to ignore the
  behavior said that it "made things better." Over
  61 of the women said that telling the harasser
  to stop was the most effective method.

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Myths and Misconceptions about Sexual Harassment

• Myth Sexual harassment is inevitable when
  people are working together.
• Reality While interactions between people may
  be inevitable, uninvited sexual overtures are not.

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Myths and Misconceptions about Sexual Harassment

• Myth An harasser has to have sexual intentions
  towards their target for the behavior to count as
  sexual harassment.Reality  Sexual harassment
  is discrimination and is a form of abuse, most
  commonly an abuse of power.  The harasser's
  rationale does not change this fact.  

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What is the procedure for reporting an incident?

• Harassment and/or discrimination in any form
• Experienced by or caused by an employee or
  visitor of the College
• Witnessed by members of the faculty and
  administration and all supervisors (REQUIRED to
  report)
• Staff members and students who observe this
  behavior are encouraged to report.
• Report immediately to
• Supervisors or manager
• Co-Directors of Human Resources
• Vice Provost

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What follow-up will occur once a complaint is
filed?

• Co-Director of Human Resources, the Vice Provost
  or the Title IX Coordinator will
• Inform the alleged respondent about the Colleges
  policy regarding such behavior, and advise
  respondent that retaliation is prohibited.
• Promptly, thoroughly, and impartially investigate
  the complaint considering all relevant
  information and circumstances.
• Maintain confidentiality throughout the
  investigation to the extent practical and
  consistent with the Colleges need to undertake a
  full and impartial investigation.

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What follow up will occur once a complaint is
filed?

• Advise both the complainant and respondent the
  outcome of the investigation.
• Make a final determination as to whether a
  College policy has been violated and, if
  appropriate, administer disciplinary action.
• If harassment is found to have occurred,
  immediate and appropriate action will be taken to
  stop the harassment, prevent its recurrence, and
  correct its effects.

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What is retaliation?

• Adverse action or treatment after engaging in a
  protected activity, such as reporting an incident
  or participating in an investigation
• The one accused of retaliation had to have known
  about the claimants protected activity
• There needs to be a causal link established
  between a protected activity and the adverse
  action or treatment

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What are some examples of retaliation?

• Being denied a promotion or receiving a demotion
• Being excluded from special projects
• Being terminated
• Receiving a poor performance evaluation
• Realizing a salary or benefits reduction
• Being ridiculed or bad mouthed

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Purpose of the Grievance Procedure

• The College Grievance Procedure exists as a
  means to contest a determination that has been
  made regarding an alleged violation of the
  Colleges Harassment and Discrimination-Free
  Workplace Policy.

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Grievance Procedure

• There are three grounds for which the College
  Grievance Procedure can be applied
• The complainant or the respondent believes that
  the discipline/sanction imposed was inappropriate
  for the violation of policy for which he or she
  was found responsible
• An error occurred during the investigative stage
  preventing either the complainant and/or the
  respondent a reasonable opportunity to prepare
  and present information to the investigator(s)
  or
• There is a discovery of new information that was
  not available at the time of the investigative
  process and could have affected the outcome of
  the matter.

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Categories Not Covered by Colleges Grievance
Procedure

• The College Grievance Procedure does not apply
  to issues concerning
• Compensation
• Classification
• Work standards
• Stated College policy
• Matters that are beyond the control or
  jurisdiction of the College
• Any disciplinary matter or termination unless the
  employee believes that such actions were the
  result of unlawful discrimination or harassment
• Any faculty issues, such as reappointment,
  dismissal for cause, tenure/promotion, etc.

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Grievance Committee

• Members of this committee are appointed by the
  President of the College for terms of three
  years.
• The College Grievance Committee will be
• composed of
• Three tenured faculty members
• Three administrators
• Three support staff members
• The Chair of the College Grievance Committee
  will be a tenured faculty member and may serve as
  one of the four voting members of a grievance
  hearing panel.

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Grievance Process

1. File a Notice of Grievance Form (NGF) within 7
   days with Co-D HR, Vice Provost or DSRRR stating
   which of three (3) grounds for grievance
   applies.
2. NGF is given to Chair who selects hearing panel
   of 1 administrator, 1 faculty and 1 staff for
   total of 4.
3. Panel decides if it satisfies 1 or more of 3
   grounds. If no, panel tells Co-D HR, Vice
   Provost or DSRR. If yes, a hearing will be
   held.

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Grievance Process

• Hearing
• Closed meeting
• Burden of proof is on the grievant
• Panel may call witnesses
• Grievant may have an advisor
• Not directly involved in case
• Speaks quietly with grievant
• Not an attorney

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Grievance Process

• Hearing Panel makes recommendation
• Majority decision (3 of 4)
• Advises grievant of recommendations
• Advises one of these administrators of
  recommendations Provost if faculty Executive VP
  if administrator/staff VP of College Life if
  student
• Panel has no restrictions upon it as to what it
  may recommend
• Grievance is not established
• Reprimand
• Further proceedings for dismissal of employee

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Grievance Process

• Administrator Has Final Decision
• (Provost, Executive VP, or VP College Life)
• Promptly reviews recommendation.
• Not bound by recommendation.
• Determines any resolution of grievance, including
  sanction within the authority of his or her
  position.
• Decision is final.

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Conflict Resolution Program at GC
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Harassment and Discrimination-Free Workplace

• Questions?