1. Gender Discrimination and Sexual Harassment Awareness
2014

2. Agenda What is gender discrimination? What is sexual harassment?
Why it is important to prevent gender
discrimination?
OSU policy
Responsibilities of OSU employees
Retaliation

3. What is Gender Discrimination?
Gender discrimination includes all forms of sex discrimination, including sexual harassment and sexual violence by employees, students or third parties against employees, students or third parties.
Sex discrimination also includes unequal pay based on gender, discrimination on the basis of pregnancy, unequal distribution of athletic funds, and unequal admissions and financial aid practices.
Federal law-Title VII of the Civil Rights Act of 1964-employers are responsible for preventing and stopping sexual harassment that occurs on the job
EEOC defines sexual harassment as Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment

4. Title VI of the Civil Rights Act of 1964 mandated that:
“No person in the United States, shall on the ground
of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be
Subjected to discrimination any program or activity receiving federal funds.”
Title VII of the Civil Rights Act of 1964 (42 U.SC. Sec. 2000e-(a))
Prohibits discrimination in the terms, conditions or privileges of employment on the basis of an employee’s sex, race, ethnicity or religion
Title IX of the Education Amendment s of 1972
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Federal law-Title VII of the Civil Rights Act of 1964-employers are responsible for preventing and stopping sexual harassment that occurs on the job
EEOC defines sexual harassment as Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects individual’s employment, unreasonably interferes with an Individual’s work performance, or creates an intimidating, hostile, or offensive work environment
Title IX of the Educational Amendments of 1972 is a federal law intended to end sex discrimination in all areas of education.
It applies to non-discrimination based on sex/gender to all recipients of federal funds, both public and private institutions.
It also applies to issues of program equity, such as athletics and also to sexual harassment and asexual assault

5. What is Sexual Harassment?
Unwelcome sexual advances
Requests for sexual favors
Other verbal or physical conduct of a sexual nature that affects an individuals’ employment, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment
Federal law-Title VII of the Civil Rights Act of 1964-employers are responsible for preventing and stopping sexual harassment that occurs on the job
EEOC defines sexual harassment as Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment

6. Two Forms of Sexual Harassment
Quid Pro Quo
This for that or something for something
Hostile work environment

7. Quid Pro Quo
Employment decisions/expectations are based on employee’s submission to or rejection of sexual advances, requests for sexual favors, or other behavior of a sexual nature
Employment decisions/expectations-hiring, promotion, salary increase, shift or work assignments, performance standards, etc.

8. Examples
Employer offers the employee a promotion in exchange for a sexual favor
Making work assignments conditional upon the sexual request
Threatening to terminate the employee if they do not participate
Employer uses position as leverage in order to intimidate the worker into complying with the request.

9. Hostile Work Environment
Speech or conduct that is severe and/or pervasive enough to create an abusive or hostile work environment
Created by a boss or coworker whose discriminatory actions, communication or behavior make doing your job impossible
A hostile work environment is created by a boss or coworker whose actions, communication, or behavior make doing your job impossible. This means that the behavior altered the terms, conditions, and/or reasonable expectations of a comfortable work environment for employees. Additionally, the behavior, actions or communication must be discriminatory in nature.

10. Examples Unwanted jokes, gestures, offensive
words on clothing, and unwelcome comments
Touching and any other bodily contact such as scratching or patting a coworker’s back, grabbing an employee around the waist, or interfering with an employee’s ability to move
Repeated requests for dates that are turned down or unwanted flirting
Displaying sexually suggestive objects, pictures, or posters
Playing sexually suggestive music
Inappropriate touching, patting, or pinching
Displaying sexually, demeaning or offensive objects
and pictures
Physical assault or coerced sexual activity
Sexually suggestive jokes or innuendos; derogatory,
degrading, or sexist remarks about a person’s body,
clothing, or sexual activities
Suggestive or insulting sounds, whistles, catcalls
Obscene phone calls, , or gestures
So, a coworker who talks loudly, snaps her gum, and leans over your desk when she talks with you, is demonstrating inappropriate, rude, obnoxious behavior, but it does not create a hostile work environment. On the other hand, a coworker who tells sexually explicit jokes and sends around images of nude people, is guilty of sexual harassment and creating a hostile work environment.
A boss who verbally berates you about your age, your religion, your gender, or your race may be guilty of creating a hostile work environment. This is especially true if you asked the individual to stop and the behavior continues.

11. How Can I Tell if I Have Crossed the Line?

12. Comfort Zones
People have different confront zones for different relationships, different environments; and different circumstances.

13. Degree of Offensiveness
“You really fill out that outfit”
Possibly Offensive
“You look great in that outfit”
Almost Never Offensive
“What a beautiful suit”

14. Who Can Be Involved in Sexual Harassment
Employees at all levels, customers, members of the same sex
Those who are targeted-victims, bystanders and, in some cases, witnesses who are affected by the harassment
It’s important to understand that sexual harassment can be indirect, affecting a witness or onlooker who is not the direct target of the behavior. Men, women and same sex

15. Consensual Relationships
No OSU policy prohibiting
Relationships the parties view as consensual may appear to others to be exploitative
May create conflicts of interest
Although OSU does not have a policy prohibiting consensual amorous
relationships, such relationships, between two individuals in which a power
differential exists, may lead to difficulties and future misunderstandings. Particularly
when a faculty member and student are in the same academic unit
or in units that are academically allied, or when a supervisor and employee
are in the same administrative unit, relationships that the parties view as consensual
may appear to others to be exploitative. Further, in such situations,
the faculty member or supervisor may face serious conflicts of interest and
should be careful to distance himself/ herself from any decisions that may
reward or penalize the student or employee involved.

16. Rape and Sexual Assault: A Renewed Call To Action
The White House Council on Women and Girls
1 in 71 million) men are raped in their lifetime
1 in 5 college females are sexually assaulted while attending school.
Most victims know their perpetrator
President established a White House Task Force To Protect Students From Sexual Assault
1 in 5 22million) women are raped in their lifetime
98 % of perpetrators are male
College students are particularly vulnerable
Campus assailants are often serial offenders
Rape reporting rates are low
As part of an unprecedented national effort to address alarming rates of sexual assault on college campuses, President Obama issued a Presidential Memorandum today to establish the “White House Task Force to Protect Students from Sexual Assault.“
A report just released by the White House Council on Women and Girls entitled, “Rape and Sexual Assault: A Renewed Call to Action” reveals that nearly 1 in 5 women, and 1 in 71 men have experienced rape or attempted rape in their lifetimes. These statistics are stunning, but still can’t begin to capture the emotional and psychological scars that survivors often carry for life, or the courage needed to recover.

17. Sexual Harassment and Title IX
Sexual Harassment is unwelcome conduct of a sexual nature that includes, but is not limited to:
sexual violence; sexual advances; requests for sexual favors; indecent exposure; and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive
When a hostile environment is created…

18. Sexual Harassment can occur anywhere on or off campus
Among students reporting harassment:
39% were in dorm or student housing
37% were outside on campus grounds
24% were in common areas of campus
20% were in classrooms
27% were “somewhere else”
12% were unsure where they were harassed

19. Why It Is Important to Prevent Gender Discrimination?
Sexual harassment harms us all
Most important part of University values is to ensure all
people are treated with respect and dignity
Engaging in, condoning, or not reporting sexual
harassment are in direct conflict with University values
Complies with Title VII and Title IX Obligations
Employers are required by law to take steps to prevent and deal with harassment in the workplace.  If the employer has not taken all reasonable steps to prevent and deal with harassment in the workplace, the employer may be liable for any harassment which does occur, even if unaware that the harassment was taking place. 
Most successful preventive strategies and plans on sexual harassment require the involvement of all those concerned and a clear statement of intent.  The statement of intent should reflect a real commitment from all parties concerned to recognize the importance of the fight against sexual harassment in the workplace.  This is usually accompanied by the establishment of a written policy.

20. Who is responsible for addressing harassment?
All OSU officials in supervisory relationships with employees or students are charged with the responsibility of responding immediately and appropriately to correct any situations which creates a hostile working or educational environment within an administrative unit under their supervision
In the context of harassment of a student by another student or third parties, a school has notice if a responsible employee knew, or in the exercise of reasonable care, should have known about the sexual harassment or violence
A reasonable employee includes any employee who:
Has the authority to take action to redress the harassment,
Has the duty to report harassment or other type of misconduct to appropriate officials, OR
Is someone a student could reasonably believe has this authority or responsibility

21. NOTICE Notice equals a duty of immediate Title
IX- based prompt and effective action to
eliminate harassment, prevent its
recurrence, and remedy its effects.
Notice can be second hand or by third
party

22. Institutional Obligations Under Title IX
SEXUAL HARASSMENT
PREVENT
REMEDY
INVESTIGATE

23. Gender Discrimination / Sexual Harassment Policy & Title IX Grievance Procedure Policy Policy 1-0702
Sexual harassment is prohibited in the workplace
Provides fair employment practices and ethical standards
Victims and/or witnesses encouraged to report instances of
sexual harassment
Supervisors are obligated to take action to prevent and stop
behavior.
Also obligated to report to Human Resources and/or Equal
Opportunity Officer/Title IX Coordinator
The University is committed to providing an environment of study and work free from gender discrimination and sexual harassment as prohibited by Title VII and Title IX, and to insuring the accessibility of appropriate grievance procedures for addressing all complaints regarding gender discrimination and sexual harassment, including sexual assault. Members of the University community holding positions of authority involving the legitimate exercise of power over others have a particular responsibility to be sensitive to that power relationship. Supervisors, in their relationships with subordinates, and faculty, in their relationships with students, need to be aware of potential conflicts of interest and the possible compromise of their evaluative capacity. Because there is an inherent power difference in these relationships, the potential exists for the less powerful persons to perceive a coercive element in suggestions regarding activities outside those appropriate to the professional relationship. It is the responsibility of faculty and staff to behave in such a manner that their words or actions are not sexually coercive, abusive, or exploitative.

24. Each member of the campus community is responsible for preventing sexual harassment and ensuring that the work and academic environments are harassment-free. Become informed about sexual harassment. Evaluate your own behavior to ensure that you are not engaging in sexual harassment. Just because you believe your behavior, actions or language is appropriate, does not mean others think it is appropriate.
Ask Yourself
“Was my behavior appropriate?”
“Was it welcomed?”
“Was it offensive?”
If time permits, access Skillsoft for simulations:
Dealing with Sexual Harassment Simulation

25. What is Retaliation
Adverse action taken against an employee because he/she complained of harassment or discrimination
Demotion
Discipline
Termination
Salary reduction
Change in job duties
Adverse action includes demotion, discipline, termination, salary reduction, negative performance appraisal, change in job duties or shift assignment.

26. Summary
Oklahoma State University is committed to maintaining a work and academic atmosphere which is free of intimidation, fear and coercion.
Sexual harassment is defined as:
Unwelcomed sexual advances
Requests for sexual favors
Any behaviors of a sexual nature where:
Submission to such conduct is a term or condition of an individual’s employment or participation in a university-sponsored educational program or activity
Submission to or rejection of such conduct is used as the basis for academic or employment success
Such conduct creates an intimidating, hostile or offensive environment

27. Summary
Sexual Harassment is a prevalent problem in university communities. Three out of five students have encountered some form of Sexual Harassment/Misconduct while in college
Sexual Harassment is demeaning, offensive and illegal. It is not tolerated at Oklahoma State University
Retaliation is illegal and a violation of OSU policy.
Sexual Harassment can occur anywhere on or off campus
Both male and female students can be victims of sexual harassment

28. Summary
Faculty/staff members, students, alumni and even visitors have the potential to be victims and facilitators of sexual harassment/misconduct
Individuals should address incidents promptly by either confronting the offender or forwarding the incident to one of the following OSU official who will address the issue:
The Director of Equal Opportunity/Title IX Coordinator, Dr. Rosalyn Green, can be reached at 408 Whitehurst,
The Student Conduct Officer, Aleigha Mariot, can be reached at 326 student Union Building,