U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Equal Opportunity Harassment & Discrimination Awareness Sept 21, 2015 Bobby J. Mason Institutional.

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Presentation transcript:

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Equal Opportunity Harassment & Discrimination Awareness Sept 21, 2015 Bobby J. Mason Institutional Equity Officer

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Bobby J. Mason Institutional Equity Officer, University Equal Opportunity Officer Patsy Pappan Associate Equal Opportunity Officer Radawn Williams Associate Equal Opportunity OU HSC Judi Deaton Assistant Equal Opportunity Officer Brent A. Marsh EO Officer Rogers State Thomas R. Russell, EO Officer Cameron

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY EQUAL OPPORTUNITY STATEMENT The University of Oklahoma, in compliance with all applicable federal and state laws and regulations does not discriminate on the basis of race, color, national origin, sex, sexual orientation, genetic information, gender identity, gender expression, age, religion, disability, political beliefs, or status as a veteran in any of its policies, practices, or procedures. This includes, but is not limited to: admissions, employment, financial aid, and educational services.

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY The Laws Prohibiting Job Discrimination -Equal Pay Act of 1963 (EPA) -Title VII of the Civil Rights Act of 1964 (Title VII) -Age Discrimination in Employment Act of 1967 (ADEA) -Sections 501 and 505 of the Rehabilitation Act of Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) -Civil Rights Act of 1991

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Non-Discrimination Policy Diversity is one of the strengths of our society as well as one of the hallmarks of a great university. The University supports diversity and is committed to maintaining employment and educational settings that are multicultural, multiracial, multiethnic, and all-inclusive. Respecting differences is one of the University’s missions. The University does not discriminate or permit discrimination by any member of its community against any individual based on race, color, religion, political beliefs, national origin, age, sex, sexual orientation, genetic information, gender identity, gender expression, disability, or veteran status in matters of admissions, employment, financial aid, housing or services in educational programs or activities the University operates..

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Non-Discrimination Policy Discrimination: Discrimination, including harassment, is defined as conduct directed at a specific individual or group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education, or access to institutional benefits, on account of race, color, religion, political beliefs, national origin, sex, sexual orientation, genetic information, gender identity, gender expression, age, disability, veteran status. Harassment: Harassment as a form of discrimination is defined as verbal or physical conduct that is directed at an individual or a group because of race, color, sex, sexual orientation, genetic information, gender identity, gender expression, religion, political beliefs, national origin, age, disability, or veteran status when such conduct is sufficiently severe, pervasive and objectively offensive so as to have the purpose or effect of unreasonably interfering with an individual’s or group’s academic or work performance or of creating a hostile academic or work environment viewed by examining a totality of the circumstances from the standpoint of a reasonable person with the same characteristics as the purported recipient of the harassing conduct.

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Sexual Misconduct, Discrimination and Harassment Policy Policy Violations Include: Gender discrimination - adverse actions taken by a faculty, staff or student against another faculty, staff or student because of their gender. Sexual harassment - adverse actions or the creation of a hostile environment by someone in a position of real or perceived authority over another that are sexual in nature and are severe or pervasive such that it affects an individual’s ability to work, or receive an education or any educational benefits. Sexual violence - (non-consensual sexual acts) Sexual exploitation - taking abusive sexual advantage of another, e.g. non-consensual video-taping of another in any form of sexual activity or the nonconsensual viewing of their private body parts, etc. Dating violence - violence between individuals who are or have been in a social relationship of a romantic or intimate nature. Domestic violence - violence committed by a current or former spouse, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse, a person similarly situated to a spouse of the victim under Oklahoma domestic or family violence laws, or any other person against an adult or youth victim who is protected from that person's actus under Oklahoma domestic or family violence laws. Stalking - defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others, or suffer substantial emotional distress. Pregnancy discrimination

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Sexual Harassment FY 2011 Statistics – EEOC & FEPA 13,867 charges 15.9% of charges filed by males Recovered $47.4 million for charging parties and other aggrieved individuals

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Definition Unwelcome sexual advances Requests for sexual favors Verbal or physical conduct of a sexual nature Sexual harassment may be supervisor to subordinate, co-worker to co-worker, third party, opposite sexes, or same sexes.

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Types 1.Quid pro quo – means “this for that” -- demanding sexual favors in exchange for job benefits (promotion, raise) 2.Hostile environment – workplace is offensive because of sexual behavior. Must be severe and pervasive.

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Examples Unwelcome sexual flirtation; propositions for sexual activity Suggestive comments and sexually explicit jokes Display of sexually demeaning pictures Unwelcome touching, pinching, brushing against the body Coerced sexual intercourse Sexual assault

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Common Problems Inappropriate Jokes Believing that no one is listening Thinking that no one will be offended Toxic conversations in the workplace Social Media Becoming overly comfortable with co-workers

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Grievance Procedure Any person alleging discrimination may file. Grievance must be filed within 300 days. Confidentiality. Investigation complete within 60 days (unless referred). Outcomes – Satisfactory resolution – Dismissal – Finding of impropriety

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Retaliation Retaliating against someone for complaining about sexual harassment or participating in the investigation of a complaint is against University policy and will be treated as a separate violation of the sexual harassment policy

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Can I Be Held Liable for Failing to Report? Yes. The failure to do so can result in legal liability not only for the institution, but also individually for those who knew about the issue but did not report it to the appropriate University officials

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY What If I Am Asked to Keep the Information Confidential? Unless you are a licensed counselor, attorney, priest or clergy, and are seeing the person in your private capacity as such, the information he or she provides to you is not confidential; however, it is private. The distinction is that although you can agree to maintain the person’s privacy (by ensuring any documents are secured, not sharing the information with officials other than the police, the Sexual Misconduct Officer and/or the Title IX Coordinator), you cannot agree that you will not report it to appropriate University officials.

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY HOW CAN YOU HELP? ONE SOONER TRAINING One Sooner is the name of the University’s Active Bystander campaign, encouraging students, faculty and staff to take positive steps in intervention when they witness inappropriate behavior Upcoming Classes: Date: September 29, 2015 Time: 2:00 - 4:00 p.m. Location: 4 Partners Place, Suite 1000 Date: October 21, 2015 Time: 10:00 a.m. - 12:00 p.m. Location: 4 Partners Place, Suite 1000 Date: November 19, 2015 Time: 12:00 - 2:00 p.m. Location: 4 Partners Place, Suite 1000 Date: December 18, 2015 Time: 1:30 - 3:30 p.m. Location: 4 Partners Place, Suite 1000

U NIVERSITY OF O KLAHOMA O FFICE OF E QUAL O PPORTUNITY Any Questions Equal Opportunity Office 660 Parrington Oval, Room 102 Norman, OK Office: (405) Title IX Office Four Partners Place 301 David L. Boren Blvd., Suite 1000 Norman, OK Office: (405)