OFFICE FOR INSTITUTIONAL EQUITY GRADUATE STUDENT TRAINING August 2014 Inya Baiye, Assistant Director for Civil Rights Compliance

The Office for Institutional Equity Crewson House OIE monitors OU’s compliance with policies that promote a non-discriminatory and harassment- free environment. OIE investigates complaints of discrimination/harassment, makes policy recommendations, offers mandated training within the OU community, and monitors compliance with the OU’s own affirmative action initiatives.

POLICIES WITHIN OIE’S PURVIEW : Equal Employment and Educational Opportunity :Sexual Misconduct :Americans with Disabilities Act Compliance :Whistleblowing and Retaliation

ISSUES Policy deals with harassment and discrimination Directed toward an individual/group based on race, religion, age, color, sex, sexual orientation, national origin, ancestry, gender, gender identity or expression, mental or physical disability, or veteran status… AND Severe enough to limit their ability to participate in university activities OR Severe enough to create an intimidating, offensive, or hostile environment

ISSUES Prohibits discrimination in employment and educational activities due to disability Requires “reasonable accommodation” so that people who have skills, education or experience necessary for a job or academic program are not excluded because of barriers caused by a disability Prohibits harassment of a person because of disability Prohibits retaliation for requesting reasonable accommodation

SCENARIO You teach an Interpersonal Communications course Your syllabus specifically states that students cannot use electronic devices during the class period. There is a lot of group conversation in the course and you need the students to be fully engaged In the 4th week of class, a student is taking notes on a laptop. When you approach them about it, they give you a letter from Student Accessibility Services which says they may use a laptop.

You teach an Interpersonal Communications course Your syllabus states that students cannot use electronic devices during the class period. There is a lot of group conversation in the course and you need the students to be fully engaged In the 4th week of class, a student is taking notes on a laptop. When you approach them about it, they give you a letter from Student Accessibility Services which says they may use a laptop.

ISSUES OU prohibits sexual misconduct in any of its employment situations or educational programs and activities. This includes sexual harassment, non- consensual intercourse, non- consensual sexual contact, sexual exploitation, domestic violence, dating violence, and stalking.

COMES FROM TITLE IX “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”. Enacted June 23, 1972 Prevented schools from continuing bias against female participation in academic programs AND allowed schools to take remedial and affirmative steps to increase female participation

DEAR COLLEAGUE LETTER OF APRIL 4, 2011 PROTECT Take immediate steps to respond to sexual violence that we know or SHOULD know about Investigate claims of sexual violence Use preponderance of evidence standard to investigate PREVENT Provide a grievance procedure for complaints of sex discrimination and sexual violence Designate an employee for Title IX compliance Train community on what constitutes sexual harassment and sexual violence and on how to respond.

SCENARIO You are a T.A. for a first year class. A student - John comes up to you one day and says that Adam is acting “really weird” to Tracy (the girl who sits next to him). When you ask what he means, he says “he keeps looking at her, like staring, and she asked me to switch seats so I could be in the middle”. You pull Tracy aside after class and talk to her. She says Adam stares at her breasts and licks his lips. And that one time she saw him adjusting his “groin area”. Tracy says she is “worried” because she thinks Adam waits for her outside after class. How do you handle this?

SCENARIO You are a T.A. for a first year class. A student - John comes up to you one day and says that Adam is acting “really weird” to Tracy (the girl who sits next to him). You pull Tracy aside after class and talk to her. She says Adam stares at her breasts and licks his lips. And that one time she saw him adjusting his “groin area”. When you ask what he means, he says “he keeps looking at her, like staring, and she asked me to switch seats so I could be in the middle”. Tracy says she is “worried” because she thinks Adam waits for her outside after class.

AMOROUS RELATIONSHIP POLICY (FROM ) Consensual romantic or sexual relationships in which one party retains a direct supervisory or evaluative role over the other party are unethical, create a risk for real or perceived coercion, and are a violation of policy

Immediately upon learning of potential campus sexual misconduct, any employee with a duty to report who receives a complaint of sexual misconduct or who observes/learns of conduct reasonably believed to be in violation of this policy, is required to report the alleged conduct to the Office for Institutional Equity : Sexual Misconduct Therefore, reporters cannot promise confidentiality!! OU POLICY: DUTY TO REPORT

Employees: Faculty, administrators, coaches, and staff. Student-employees Must report violations which they become aware of in the course of their duties [when these duties include responsibility for the safety and wellbeing of other members of the campus community] Must report if duties include supervisory, evaluative, grading, or advisory responsibility. WHO HAS THE “DUTY TO REPORT?”

FULFILLING YOUR DUTY TO REPORT Tell the involved party that you have a duty, you will be contacting OIE and OIE will contact them. Offer support services. Call OIE at and say “I need to report sexual misconduct”. Have the names of the involved parties and any details you know available when you call. Do NOT conduct an investigation. Notify your supervisor.

OU RETALIATION POLICY No member of the University community may retaliate against a Whistle-blower with the intent or effect of adversely affecting the terms or conditions of employment or enrollment. Anyone who violates this anti-retaliation policy is subject to disciplinary action. The University will make every reasonable effort to stop retaliation immediately, to conduct a complete and through investigation of alleged acts of retaliation in a timely manner, to provide remedies to victims of retaliation, and to sanction the perpetrators of retaliation as appropriate.

REVIEW: WHAT DO YOU REPORT? Civil Rights Issues including Sexual Misconduct Criminal Acts Office for Institutional Equity * Ohio University Police Department * Report harassment by Institutional Equity staff to Ohio University Legal Affairs Workplace Violence/ Conflict (if not obviously a civil rights issues) Your supervisor / Chair / Dean Violations of Student Code of Conduct Office of Community Standards

OTHER RESOURCES Ombuds Office – 501 Baker Center Community Standards – 349 Baker Center OU Police Dept – 135 Scott Quad

CONFIDENTIAL CAMPUS RESOURCES Survivor Advocacy Program SAFE Campus CareHudson Health Center Counseling & Psych ServicesHudson Health