Office of Institutional Equity/EEO Preventing Harassment 1hr. NMSU RESPECTS Office of Institutional Equity/EEO “PREVENTING HARASSMENT in the Academic and/or Workplace Setting ”

Office of Institutional Equity/EEO Preventing Harassment 1hr. OIE/EEO contact information: Mailing Address NMSU-OIE/EEO P.O. Box 30001, MSC 3515 Las Cruces, NM Physical Address: O’Loughlin House 1130 E. University Las Cruces, NM Internal-Department MSC 3515 Office Telephone (575) TDD/TTY (575) Office Fax (575) Office Address Website eeo.nmsu.edu

Office of Institutional Equity/EEO Preventing Harassment 1hr. Preventing harassment is an important issue:  Against the law and NMSU Policy  Harassment free academic and/or workplace setting  Costs

Office of Institutional Equity/EEO Preventing Harassment 1hr. Federal Laws:  The Civil Rights Act of 1964 – Title VII Prohibits discrimination based on: race, color, religion, sex, and national origin  Americans with Disabilities Act of 1990 (as amended)  Age Discrimination in Employment Act of 1967  Equal Pay Act of 1963  Genetic Information Nondiscrimination Act (GINA) of 2008

Office of Institutional Equity/EEO Preventing Harassment 1hr. State Discrimination Law:  N.M. Human Rights Act (1969) In addition to the federal protected areas the state covers: sexual orientation, gender identity, ancestry, spousal affiliation, and serious medical condition.

Office of Institutional Equity/EEO Preventing Harassment 1hr. Discriminatory practices:  Discrimination in employment decisions  EEO-based harassment  EEO-based retaliation

Office of Institutional Equity/EEO Preventing Harassment 1hr. Who can commit harassment?  Supervisor  Co-workers  Faculty/Staff (including TA’s, RA’s, GA’s, etc.)  Students  Vendors

Office of Institutional Equity/EEO Preventing Harassment 1hr. First type of harassment: The hostile academic and/or work environment is:  Severe and pervasive behavior that unreasonably interferes with academic or job performance. It creates an offensive or intimidating academic and/or work environment.  Harassment of a person based on his or her sex, race, religion, color, national origin, age, physical or mental disability, sexual orientation, or other protected status is a form of discrimination.

Office of Institutional Equity/EEO Preventing Harassment 1hr. Second type of harassment: Quid Pro Quo:  “Something for something” – This usually occurs within a supervisor and employee work relationship.  It can also occur within a faculty and student academic and/or work relationship.

Office of Institutional Equity/EEO Preventing Harassment 1hr. Examples of EEO-based harassment:  Circulating cartoons or making remarks offensive to persons with disabilities  Taunting individuals of foreign origin  Ethnic or racial slurs and jokes  Age comments such as “you’re as old as dirt”  Religious proselytizing

Office of Institutional Equity/EEO Preventing Harassment 1hr. What is sexual harassment:  Behavior of a sexual nature  That is unwanted or unsolicited

Office of Institutional Equity/EEO Preventing Harassment 1hr. Sexual harassment behavior:  Nonverbal – no words are said, but a sexual message is sent  Verbal – using words to harass  Physical – touching, etc.

Office of Institutional Equity/EEO Preventing Harassment 1hr. Non-verbal example of sexual harassment:  Elevator eyes  Blocking a person’s path  Following the person  Unwelcome gifts  Displaying sexually suggestive visuals  Winking, throwing kisses, licking lips  s, internet usage, social media sites

Office of Institutional Equity/EEO Preventing Harassment 1hr. Verbal examples of sexual harassment:  Whistling, cat calls  Sexual jokes, stories, or comments  Sexual fantasies, preferences, history  Repeated requests for dates  Kissing sounds, howling, and smacking lips  Compliments  Terms of endearment

Office of Institutional Equity/EEO Preventing Harassment 1hr. Physical examples of sexual harassment:  Giving a massage  Touching the person  Hugging, kissing, patting, stroking  Touching oneself/exposure  Brushing up against a person

Office of Institutional Equity/EEO Preventing Harassment 1hr. Other things to think about:  Same-sex harassment  Reasonable person standard  The overly sensitive employee  Personality conflicts  Part of Workplace Ethics  “Knew or should have known”  Vicarious liability

Office of Institutional Equity/EEO Preventing Harassment 1hr. Role of employees/students:  Take advantage of employer’s preventive and corrective opportunities  Inform the person that the behavior is not welcomed  Familiarize yourself with the reporting process

Office of Institutional Equity/EEO Preventing Harassment 1hr. Role of supervisors/faculty:  Take complaints/issues seriously  Take action if appropriate  Do not wait for complaint  Seek assistance when necessary

Office of Institutional Equity/EEO Preventing Harassment 1hr. Filing a complaint:  Internal - within 15 working days of the incident ( )  EEOC (federal) – within 300 calendar days of the incident ( )  NM-HRD (state) – within 300 calendar days of the incident ( ) mplaintofDiscrimination mplaintofDiscrimination  OCR (Office for Civil Rights) – within 180 calendar days of the incident ( )

Office of Institutional Equity/EEO Preventing Harassment 1hr. Can confidentiality be guaranteed?  Confidentiality cannot be promised.  The complainant’s identity may need to be revealed to conduct the investigation.  To the extent possible, every effort will be made to safeguard confidentiality, consistent with reporting obligations and the need to investigate promptly and thoroughly.

Office of Institutional Equity/EEO Preventing Harassment 1hr. Summary:  The goal is to educate students, faculty, and/or employees in order to promote and maintain a harassment-free academic and/or work environment  Students and/or employees must immediately report any behavior/incident of harassment  Managers/supervisors/faculty must immediately address & correct any reported or known harassment activity. Notify OIE

Office of Institutional Equity/EEO Preventing Harassment 1hr. A parting thought: RESPECT