Sexual Harassment Prevention Training by: Dr. Sue Guenter-Schlesinger Vice Provost of Equal Opportunity & Employment Diversity Laura Eckert, J.D. Sr. Exec. Equal Opportunity Assoc. Nick Sanchez, J.D. Equal Opportunity & Employment Diversity Specialist Equal Opportunity Office OM 345 MS-9021 Ph: –

Sexual Harassment is Against the Law Faculty & Staff: Title VII (Civil Rights Act of 1964) Students: Title IX (Ed Amendments of 1972) State & University Policies

Western Policies Equal Opportunity/Non-Discrimination Policy Sexual Harassment Related Policies: Faculty Handbook, Section 1, VIII, & Appendix F, Section 7

Sexual Harassment: Definition Unwelcome sexual advances and/or Requests for sexual favors Other verbal or physical conduct of a sexual nature WHEN

Definition (Contd) Quid Pro Quo Submission to such conduct or activity is made either explicitly or implicitly a term or condition of an individuals employment or academic progress Submission to or rejection of such conduct or activity is used as the basis for employment or evaluation

Definition (Contd) Hostile Environment Such conduct or activity interferes with an individuals employment or educational advancement and /or creates an intimidating, hostile or offensive environment.

Who Could be Sexually Harassed EVERYBODY! Power vs. Sex

Critical Issues Flirtation vs. Harassment Intent vs. Impact

Examples of Sexual Harassment Turning work discussions to sexual topics Asking personal questions about social/sexual life Making sexual comments about a persons clothing or body Staring at someone Blocking a persons path Massaging a persons neck, shoulders Patting, caressing, fondling

What to Do if Sexually Harassed Tell the harasser to stop, if possible. Say how the behavior is offensive to you. Document the incident(s) and report it to your supervisor. Utilize organizational procedures (EO Office).

Sexual Harassment Complaint Procedure EO Office tries informal resolution first Alleged victim may file formal complaint EO Office investigates, ensuring fairness to all Leadership is informed & takes appropriate action

Retaliation is Prohibited by Law! Leadership can help ensure that complainants are protected against retaliation, even if their complaint is not substantiated through an investigation

Why Victims Dont Report Do not believe anything will happen Fear Concern for harasser

Supervisory Responsibilities Take complaint seriously: Knew or should have known Document all discussions Inform Supervisor or EO Office

Potential Liabilities for Supervisors Supervisors are required to address issue with assistance from the EO Office. Swift & appropriate action in substantiated cases Make victims whole again

Affirmative Defense 2 Key Supreme Court Cases (Ellerth vs. Burlington Industries & Faragher vs. City of Boca Raton) provide a means of an affirmative defense for an employer: If it exercised reasonable care to prevent or correct promptly any sexually harassing behavior; or The employee unreasonably failed to pursue the available, internal procedures for handling complaints.

QUESTIONS???? Equal Opportunity Office OM 345 MS-9021 Ph: –