Sexual Harassment Training 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

Just the Facts Factors to Consider in Determining Whether Conduct Rises to the Level of Actionable Sexual Harassment. Effec t Behavi or Document Menta l Gende r Report Repeate d Severity Conduct

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

Sexual Harassment and the Law Title IX—Education 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.

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.

Sexual Harassment and the Law Title VII—1964: 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.

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.

Handling the Sexual Harassment Complaint Take the report seriously. Listen, sympathize, but don’t judge. Don’t delay. Respond to concerns. Document. Follow up on the complaint. Avoid using “dangerous words.”

Dangerous Words When responding to a complaint, be careful that these words don’t come out of your mouth: It’s just teasing—no big deal. The people in our school would never do… I know he/she didn’t mean anything like that. It’s your fault for dressing so provocatively. You need to learn to handle these things. Just ignore it. He puts his arms around everyone. Why can’t you learn to accept a compliment? You must have wanted it, otherwise you would have told him no. That’s how they do things where he comes from. It’s just a joke. Lighten up. No one’s filed a charge so our hands are tied. We’ve never had a complaint, so we don’t have a problem. This kind of behavior is all part of growing up. It’s a matter of hormones we can’t control that If we had to discipline every student who used bad language we’d never get anything else done. It’s just a prank that got out of hand.

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?

To Protect Yourself Against Charges of Sexual Harassment Keep your hands to yourself. Don’t 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. Don’t assume that a friendly woman/man will be willing to go to bed with you. Assume only that friendly people are friendly. Respect a person’s personal space.

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 complainant’s preference to use informal procedures. Generally do not involve written charges.

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.

UNC Policy on Sexual Harassment Formal Procedures Advantages: Sanctions may be invoked; more likely to increase community awareness of problem and institution’s 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.

UNC Policy on Sexual Harassment Formal Procedures Who to Call Marshall Parks Phone Fax Informal Procedures Who to Call Your Supervisor Your Dean and/or Department Chair

Factors to Consider in Determining whether Conduct Rises to the Level of Actionable Sexual Harassment The frequency of the conduct; The nature and severity of the conduct; Whether the conduct complained of was repeated; Whether the conduct complained of was physically threatening; The effect of the conduct on the alleged victim’s mental or emotional state; Whether others joined in the conduct; Whether the conduct arose in a context where other gender- related conduct occurred; and Whether the conduct unreasonably interfered with the alleged victim’s work performance. Sexual Discrimination Harassment Policy

Where to Get More Information Jean Schober Morrell, Dean of Students UNC Human Resources