1. Eliminating Sexual Harassment in the Workplace
It’s Illegal
Eliminating Sexual Harassment in the Workplace
Sexual Harassment
Sexual harassment of an employee can alter the conditions of employment and create an abusive working environment on the basis of sex and is, therefore, a form of sex discrimination prohibited by Title VII of the Civil Rights Act.
Both male and female employees are protected from sexual harassment, regardless of who the harasser is.
Title VII of the Civil Rights Act makes sexual harassment illegal in the workplace.

2. Decided by receiver Sexual Harassment Unwelcome Defining
Sexual or gender based
Occur at or impact work
Sexual Harassment
The most often used and basic definition is unwelcome conduct of a sexual nature or gender based. Conduct is unwelcome if the individual did not request or invite it and regard the conduct as undesirable or offensive. To determine whether behavior is unwelcome to another person, or is sexually harassing you must remember that unwelcome is decided by the receiver of the behavior, not the person doing the behavior. For conduct to be welcomed or accepted, employee must be able to knowingly and voluntarily consent to the actions involved. Under some circumstances, particularly where individuals with limited intellectual development or communication barriers are involved, the individuals may be unable to consent to conduct as a matter of law.
In addition, the fact that a employee may have accepted the conduct or allowed it to happen, does not mean that he welcomed it. Also, the fact that an employee willingly participated in conduct on one occasion does not prevent him from indicating that the same conduct has become unwelcome on subsequent occasions.
Decided by receiver

3. Verbal, nonverbal or physical conduct of a sexual nature.
Defining
What is it?
Verbal, nonverbal or physical conduct of a sexual nature.
Sexual Harassment
Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Although the behavior must be sexual in nature or gender based, it need not be intended to result in sexual gratification.

4. What is it? Quid pro quo Sexual Harassment Defining
I’ll do that for you!
You do this for me . . .
Sexual Harassment
The type of harassment traditionally referred to as quid pro quo harassment occurs if a supervisor, teacher or other employee conditions an employment or educational decision or benefit on submission to unwelcome sexual conduct. It doesn’t matter whether the individual refuses to submit to the demands and suffers the threatened harm, or does what the harasser wants and thus avoids the harm. In both cases, the harassment is unlawful.
Involves a person’s job, pay or career. Basis for employment decision
Quid pro quo

5. Intimidating, hostile, offensive and abusive
Defining
What is it?
Intimidating, hostile, offensive and abusive
and
Sexual Harassment
It involves behavior which is intimidating, hostile, offensive and abusive and has the purpose or effect of unreasonably interfering with the employee's or student's work or school performance. A hostile environment requires substantially more than mere offensive or thoughtless behavior. Instead, for sexual harassment to exist, the conduct must be severe and pervasive and clearly be based on a student's or employee's sex. So, for example, a sexual joke, even if offensive to the individual to whom it was told, will not by itself create a sexually hostile environment. The worse the behavior, the fewer times it need occur before a hostile environment is created. It is always important to use common sense and reasonable judgment in determining whether a sexually hostile environment has been created. The totality of the circumstances in which the behavior occurs is critical in determining whether a hostile environment exists. Relevant circumstances to consider include the nature of the conduct; how often the conduct occurred; how long the conduct continued; whether the conduct adversely affected the victims education or work environment; whether the alleged harasser was in a position of power over the person subjected to harassment; other incidents of harassment involving the same person.
Interferes with performance or creates an intimidating, hostile or offensive work environment.
severe and pervasive
Hostile environment

6. What is it? Hostile Environment Sexual Harassment Defining
Repeated requests for sexual favors
Demeaning sexual inquiries and vulgarities
Offensive language
Other verbal or physical conduct of sexual or degrading nature
Sexually offensive, explicit or sexist signs, cartoons, calendars, literature or photographs displayed in plain view
Offensive and vulgar graffiti
Sexual Harassment
It involves behavior which is intimidating, hostile, offensive and abusive and has the purpose or effect of unreasonably interfering with the employee's or student's work or school performance. A hostile environment requires substantially more than mere offensive or thoughtless behavior. Instead, for sexual harassment to exist, the conduct must be severe and pervasive and clearly be based on a student's or employee's sex. So, for example, a sexual joke, even if offensive to the individual to whom it was told, will not by itself create a sexually hostile environment. The worse the behavior, the fewer times it need occur before a hostile environment is created. It is always important to use common sense and reasonable judgment in determining whether a sexually hostile environment has been created. The totality of the circumstances in which the behavior occurs is critical in determining whether a hostile environment exists. Relevant circumstances to consider include the nature of the conduct; how often the conduct occurred; how long the conduct continued; whether the conduct adversely affected the victims education or work environment; whether the alleged harasser was in a position of power over the person subjected to harassment; other incidents of harassment involving the same person.
Interferes with performance or creates an intimidating, hostile or offensive work environment.
Hostile Environment

7. Defining
Drawing lines
Sexual Harassment

8. Acceptable Sexual Harassment Green Performance counseling
Polite touching, such as on the elbow
Social interaction
Showing concern
Encouragement
Polite compliment
Friendly conversation
Sexual Harassment

9. Use Caution Sexual Harassment Yellow Violating personal “Space”
Whistling (at someone)
Questions about personal life
Posters/calendars
Off-color jokes
Leering and staring
Repeated requests for dates
Foul language
Unwanted correspondence/ s
Suggestive touching, sitting or gesturing
Sexual Harassment

10. Don’t be a “Close-Talker”

11. STOP! Sexual Harassment Red
Always considered sexual harassment!
Sexual favors in return for employment rewards
Threats
Sexually explicit (Porn) pictures displayed/ s
Using status to require dates
Criminal conduct-Sexual Assault
Sexual Harassment

12. Keep in Mind . . . Sexual Harassment
Victim and/or harasser can be male or female
Harasser can be employer, supervisor, co- worker, non-employee
Victim can be some simply affected rather than one harassed
Sexual Harassment
A showing of deliberate indifference requires a showing that the school failed to respond appropriately upon notice.
An appropriate response would include an investigation undertaken by a qualified and adequately trained person and a showing that a school official took timely and reasonable measures to end the harassment. A response may be considered adequate if undertaken in good faith even where, in hindsight, it proves to have been ineffective. Liability will not be imposed where there is an insufficient basis of knowledge or when reasonable steps were taken to stop the harassment, prevent its recurrence, and remedy the effects on the victim.

13. liability What are the consequences? Sexual Harassment
Result
What are the consequences?
liability
knew or should have known
prompt, effective, reasonably calculated action
Sexual Harassment
Employers may be liable for a discriminatory environment based on actual knowledge by the employer of sufficiently harassing action by employees, which the employer has done nothing to stop.
In determining whether an employer can be vicariously liable for its supervisor’s actions, the EEOC distinguishes between harassment that results in a tangible employment action and that which does not. A “tangible employment action” is defined as a significant change in an employee’s employment status that usually has economic consequences for the employee and includes hiring, firing, promotion and failure to promote, demotion, and compensation decisions. If a supervisor’s harassment results in a tangible employment action, the employer will be found liable for the supervisor’s actions unless it can show a nondiscriminatory reason for the action.
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disciplinary action
commit, retaliate, falsely accuse,
fail to take action

14. What’s required? Sexual Harassment Policy prohibits reporting
complaint procedure
no retaliation
Sexual Harassment
Creating a climate where sexual harassment isn’t tolerated to begin with will help prevent it from occurring. Clearly convey what types of behavior will not be tolerated.

15. Informal Sexual Harassment
Report
Informal
Those affected by sexual harassment are encouraged to express verbal disapproval.
Sexual Harassment
If an employee or student feels they have been subjected to sexual harassment, complainants first are encouraged to verbalize disapproval of the action to the harasser. Stop it. Knock it off. That isn’t funny. Certainly there are incidents where the harasser is too intimidating for the victim to do this. Therefore it is not a requirement that verbal disapproval be offered before an action is considered to be harassment. If complainant feels he/she cannot discuss the concerns with the harasser, or harassment does not stop, the complainant should inform their immediate supervisor. Students should report to their principal or his/her designee.

16. Informal Verbal Written Observed Sexual Harassment Report
Having an accessible, effective, and fairly applied complaint procedure tells students and employees that the school does not tolerate sexual harassment and that they can report it without fear of adverse consequences.
An employee may verbally report to a supervisor, or take a more formal approach and file a complaint in writing. While all complainants who contact you with a complaint should be encouraged to submit a complaint in writing, this is not required to constitute notice.
Or the harassment may simply be observed by a third party. If an employee is aware of harassment, they are required by policy to report it to their administrator even if the victim does not complain. If you as an administrator observe sexual harassment you have a responsibility to conduct a preliminary review.

17. Informal Sexual Harassment Investigate Interview the Complainant
Find out what happened
Find out the effects
Find out names of witnesses
Ask what action he/she wants taken to resolve complaint
Sexual Harassment
Once you have notice of possible sexual harassment, you need to take immediate and appropriate steps to investigate what occurred. First you need to gather all the information you can before speaking with the person who’s accused of misbehaving. To do this, call in the complainant or the target of the questionable behavior.
Interview the Complainant
Find out what happened. Get specific details. What happened? Where did it happen? Who was involved? Who saw or heard what happened? When did it happen? How many times has it happened? How did you respond each time?
Find out the effects of the harassment on the complainant. For example: When you say you were upset, what do you mean by upset? Have your work/studies been affected? If so how? Did you miss any work/school days? Have you spoken to anyone about your feelings after the incidents?
Find out names of witnesses
Ask the complainant specifically what action he/she wants taken in order to resolve the complaint.

18. Informal Sexual Harassment Investigate Interview the Alleged Harasser
Interview Witnesses
Inform them to respect privacy of others
Report any retaliation
Sexual Harassment
Then interview the alleged harasser. Explain that the purpose of the interview is to investigate a complaint of sexual harassment that has been made against the alleged harasser and that: the District takes all allegations of harassment seriously; each complain of harassment is fully investigated; no decision has been made regarding the truthfulness of the allegations; and the at the purpose of the interview is to give the alleged harasser an opportunity to respond.
Identify the specific basis of the sexual harassment complaint and ask the alleged harasser to respond to the charges. Instruct the alleged harasser to have no contact or communication regarding the complaint with the complainant and to take no retaliatory action against the complainant.
Document the conversation and request a signed written statement from the alleged harasser.
If the alleged harasser denies the allegation, further investigation is required. In the complainant has identified any witnesses, now is the time to interview them individually to inquire as to their knowledge of the incident in questions. Inform them of the need to respect the privacy of others and to keep the investigation private. Reassure them that retaliation against a witness is not accepted and should it occur, they must immediately notify you.

19. Informal Sexual Harassment Respond
Complainant - complete, report new or retaliation
Appeal or unhappy with resolution:
District level investigation
Utah Anti-Discrimination Labor Division
Alleged Harasser – complete, discipline, no retaliation
Sexual Harassment
If your investigation substantiates that sexual harassment did in fact occur take corrective action immediately. Discipline should be consistent with past discipline imposed by the school or District in similar situations.
Promptly contact the Human Resources Department (employees) or School Director (employees or students) in cases of:
Repeated violations;
Severe infractions such as criminal touching or acts of quid pro quo; or
Acts which shock the conscience of a reasonable person.