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Harassment and Discrimination are prohibited based on: Sex Color Religion National Origin Marital Status Status w/regard to public assistance Race Creed Age Disability Sexual Orientation Gender Identity Gender Expression Membership or activity in a local commission as defined by law
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Treats someone differently Based on individual’s protected class status Interferes with, or limits the ability of a person to participate in, or benefit from, the services, activities, or privileges provided by the college Otherwise adversely affects the person’s employment or educational experience
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Unwelcome verbal or physical conduct directed at another Because of that individual’s protected class status That unreasonably interferes with the individual’s work/academic performance Sufficiently severe, pervasive or persistent Purpose of creating a hostile work or educational environment
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No retaliation, reprisal or intimidation in conjunction with a complaint of discrimination/ harassment shall be tolerated by the system office, colleges and universities.
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An employee of Minnesota State Colleges and Universities shall not enter into a consensual relationship with a student or an employee over whom he or she exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence.
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Federal Law Title VII and IX of the Civil Rights Act State Law Minnesota Statutes Section 363.01, et. Seq. MnSCU policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education Policy and Procedure
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Unwelcome Different treatment Interfere
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Unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education.
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Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions; Such conduct has the purpose of threatening an individual’s employment; unreasonably interfering with an individual’s work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.
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Subjected to unwelcome requests for sexual favors or conduct Submission to the conduct is a condition of employment, education, benefit, etc. The harasser generally has some type of supervisory or power relationship over the person being harassed
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The verbal or physical contact was unwelcome The hostile action must be because of the victim’s gender It results in an adverse effect on terms and conditions of employment or education It is severe and repetitive It creates an offensive work or educational environment
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Regarded as unwelcome and unsolicited Based on gender (not necessarily sexually motivated) Deliberate or repeated Verbal, physical, pictures or objects
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The victim as well as the harasser may be a man or a woman The victim does not have to be of the opposite sex The harasser can be the victim’s supervisor, faculty, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee The victim does not have to be the person harassed but could be anyone affected by the offensive conduct The harasser’s conduct must be unwelcome
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Inappropriate touching: holding, grabbing, hugging, patting, fondling, kissing, pinching “Accidental” collisions or brushing up against Physical Assault Sexual Assault
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Language/posters with sexual innuendo Offensive graphic jokes Taunting Comments and/or questions about a person’s sexual behavior Persistent suitor Comments of a sexual nature Unwelcome pressure for sexual activity Request for sexual favors accompanied by threats (implied or overt) or promises of preferential treatment
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Unlawful or inappropriate Internet use Offensive gestures or motions Leering Displaying or circulating sexually suggestive cartoons, letters, or pictures
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Internal disciplinary action Civil Lawsuit Criminal record (5th degree sexual assault for pinching, touching, etc.)
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Any place an employee must be to do their job: Buildings Conferences State vehicles Trainings Harassment can also be investigated when it occurs during unpaid breaks (lunch) and at “company” parties (picnics, retirement and holiday parties, etc.).
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Purpose Provide a process for individuals to pursue allegations of discrimination or harassment. Stop complained of behavior - timely and effective Resolve disputes between parties, if possible Fact finding Sanction individuals for violating MnSCU’s 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education Policy and Procedure as deemed necessary
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Encourage to report as soon as possible Administrators and supervisors must report incidents of discrimination/harassment Students, faculty and employees are strongly encouraged to report incidents of discrimination/harassment
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Information is gathered Investigative report is written and submitted to a decisionmaker Decisionmaker determines if policy has been violated and if it has, determines appropriate disciplinary action
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Violations of laws/policies may result in disciplinary action including, but not limited to: Suspension Demotion Termination Court/settlement fees
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Harassment is illegal Harassment won’t be tolerated Harassment creates personal financial liability, loss of reputation, possible loss of employment
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Establish and maintain an environment free of harassment/discrimination Examine your own behavior and lead by example Identify potential troubling behaviors and attitudes in the institution Take appropriate action
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The training program is available at: http://www.hr.mnscu.edu/initiative/shp2/SHP2.html http://www.hr.mnscu.edu/initiative/shp2/SHP2.html The program is offered through the Desire2Learn (D2L) system. Information for rolling out this training can be found at: http://www.hr.mnscu.edu/campushrstaff/Sexual_Harassment _Tr.html http://www.hr.mnscu.edu/campushrstaff/Sexual_Harassment _Tr.html
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Founders Hall 315 651.793.1270 http://www.metrostate.edu/applications/drep/files/Policy_Procedure1B.1.pdf http://www.metrostate.edu/applications/drep/files/Policy_Procedure1B.1.pdf Truly Webb, Affirmative Action Officer 651.793.1272 Guadalupe Sanchez Office Manager 651.793.1270 Truly Webb Affirmative Action Officer 651.793.1272 Guadalupe Sánchez Office Manager 651.793.1270
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