Sexual Harassment Complaints: Cultural & Procedural Differences in Response Please use your smart phone, iPAD or lap top to participate in polling Smart Phone – Go to app store and download ResponseWare Internet access- Go to responseware.com Session ID is

Sexual Harassment Complaints: Cultural & Procedural Differences in Response CWU Joseph Bryant Gail Farmer Student Success Human Resources

Main campus in Ellensburg 9 extension locations 10,800 students 1500 employees 1500 student employees

Gail Farmer Manager, Equal Opportunity & Affirmative Action Joseph Bryant, Executive Director Student Rights, Responsibilities and Health Promotion

Student Success receives a complaint Female student makes an appointment to complain about how she is being treated by a faculty member and her advisor. During meeting she indicates that amongst other issues she has, she feels that she is being discriminated against because she is a female. Sexual harassment by a faculty member…this is a referral to HR!

Student comes to EO investigator. She complains that she is mistreated by faculty member who seems to be an urban legend with respect to his behavior to students. She describes some behaviors that she agrees does not meet the threshold of sexual harassment. Equal Opportunity (HR) receives referral Why did I get this referral? Faculty member may be behaving badly, but it doesn’t constitute SH. I need to refer this back to Student Success

Student meets with Student Success to discuss Academic Grievance. In discussing basis for why the student feels she was graded unfairly, she discusses inappropriate behaviors exhibited by the faculty member that could potentially be sexual harassment. Student Success continues to assist with Academic Grievance. This is definitely inappropriate behavior by a faculty member. I need to follow up with HR again.

Student Success contacts EO to clarify additional concerns inappropriate behavior that wasn’t initially provided by the student. Based on info provided by Student Success, clearly a need to investigate further. I wonder why the student didn’t share the level of detail regarding potential SH with me. I should meet with her and a support person together.

I don’t know who I can talk to?

Emergence of Sexual Harassment as key “health” issue in Higher Education Title IX, Dear Colleague Letters White House Task Force VAWA SaVE Act Clery Act High Profile Media Attention

Learning Objectives Factors that create Conflict Strategies the mitigate conflict and promote understanding Comparative investigation tactics

What do you think are the advantages or disadvantages of an investigation being performed by Human Resources or Student Conduct Slide

Primary Concerns/Focus Student Conduct: Student Rights Victim/Complainant support & resources Due Process Student Development Safety Human Resources: Full compliance with all federal and state civil rights laws, Equal Opportunity mandates including Title IX CWU community members to be treated with dignity & respect

Key Differences Academic v HR

Scope of Authority

Human Resources Equal Opportunity Policies and Programs Equal Opportunity and Affirmative Action Policy Statement Title IX: Discrimination and the Basis of Sex and Sexual Misconduct Nondiscrimination Policies and Programs Pertaining to Students Reasonable Accommodation of Persons with Disabilities Sexual Harassment Gender Equity Discrimination Complaint and Resolution Equal Opportunity Investigation uses the “Preponderance of Evidence Rule” and either finds evidence to support the allegations or not sufficient evidence. If sufficient evidence the respondent is found to have likely violated CWU Equal Opportunity policies and the appropriate appointing authority makes any disciplinary decisions.

Student Conduct Student Code of Conduct Primary source of authority Student Behavior On & Off Campus Other University Policies Sexual Harassment Student Employment

Student Conduct Receive Complaint VPRC Outreach Investigation Single Investigator Outcome Determine if responsible Assign sanctions Appeal Review Officer or Hearing Board Human Resources (EO) Retaliation Confidentiality/Public Records Expectation of cooperation No investigation/Informal resolution /Investigation Appeal Comparison of Procedures

Scenario One Complaint received about student employee engaging in inappropriate contact of a sexual nature in the work place with a variety of student employees and professional staff.

Scenario Two Faculty member reports being “flashed by” a student after class who then promptly left.

Scenario Three Information was received regarding a potential sexual assault of a student by a pair of RAs in their building. Information originated from video surveillance within the building. No complaint or contact was filed from the potential victim.

Action Steps Taken Joint Trainings Internal & External Quarterly at minimum Policies & Procedures Reviewed & Amended Increased Collaboration/Communication

Action Steps Taken - Coordination Title IX Team Deputy Coordinators Student Conduct Representation – Assistant Director Local community HR representation on community coalition MOU’s with law enforcement to include HR Student Consultation Team & Threat Assessment Team Title IX Coordinator/HR Director Representation

Action Steps Taken - Support Violence Prevention & Response Team Wellness Center & Case Management Student Resources

Lessons Learned Whenever a student is involved- over- communicate. Overcome silos/iron curtain by communicating, making compromises, sharing responsibility. Be solution rather than problem focused. Joint trainings and updates at least on a quarterly basis. Devote time to “team building” to strengthen trust and professional relationships. Review & revise policies & procedures to minimize confusion

Embedded PowerPoint Video Comparative Tactics

Joseph Bryant, Executive Director Student Rights, Responsibilities and Health Promotion Gail Farmer Manager, Equal Opportunity & Affirmative Action