1. Shoreline Community College Sexual Harassment Prevention for Supervisors Legal Liabilities and Human Behavior Presented by Stephen P. Smith, J.D. Vice President for Human Resources and Legal Affairs

2. Supervisors Training Objectives  Identify early indications of potential Sexual Harassment issues  Understand the requirements of Sexual Harassment laws and policies, and related personal and institutional liabilities  Outline the standards of institutional and individual supervisory liability  Review the procedural requirements of SCC Sexual Harassment Policy 4113 and Human rights Universal Complaint Procedure 11/15/20102

3. Prevention and Early Identification List ten (10) examples of behavior that may indicate potential Sexual Harassment and explain why: 1.2.3.4.5.6.7.8.9.10. 11/15/20103

4. Laws that Prohibit Workplace and Educational Sexual Harassment Federal Title VII of the Civil Rights Act of 1964, as amended Title IX of the Education Amendments of 1972 Case Law State RCW 49.60 – Washington Law Against Discrimination RCW 28B – Higher Education Law Case Law 11/15/20104

5. Legal Theories of Discrimination 1. Disparate Treatment (Hostile Environment) 2. Disparate Impact (Statistical Basis) 3. Reasonable Accommodation 4. Retaliation 5. Harassment 11/15/20105

6. Legal Analysis of Sexual Harassment Issues 1. Quid Pro Quo (“This For That”) Authority and Perceptions of Power Authority and Perceptions of Power Perceived Coercion or Extortion Perceived Coercion or Extortion Job Benefit or Detriment as Consideration Job Benefit or Detriment as Consideration 2. Hostile Environment Harassment was unwelcome and/or unwanted Harassment was unwelcome and/or unwanted Harassment was because of gender (sex), gender identity or gender expression Harassment was because of gender (sex), gender identity or gender expression Harassment was either exceptionally severe/traumatic or was repeated and pervasive. Harassment was either exceptionally severe/traumatic or was repeated and pervasive. 11/15/20106

7. Relationships and Perceptions of Power Supervisor  Employee Employee  Employee Teacher  Student Student  Student Third Party 11/15/20107

8. Legal Standards of Liability A.Imputed (attributed) to the Employer 1. Strict Liability (Vicarious) 2. Tangible Employment Action 3. Knew or Should Have Known* B.Individual Supervisor Civil Liability 1. Federal Standard ~ shifting case law 2. State Standard ~ Negligence Standard* 11/15/20108

9. Recognizing Tangible Employment and Academic Actions (Liabilities) 1.2.3.4.5.6.7. 11/15/20109

10. Institutional Responsibility (College Stewardship)  Maintain Policy and Procedures  Conduct Regular Training  Specify Civil Rights Coordinator  Prompt and Effective Investigation and Corrective or Disciplinary Action  Good Faith (not acting with deliberate indifference)  Maintain privacy; manage confidentiality  Ensure Procedural Due Process (fairness) 11/15/201010

11. Review Shoreline Community College Policy and Procedures Policy 4113 on Sexual HarassmentPolicy 4113 on Sexual Harassment Human Rights Universal Complaint Procedure (Policy 4111)Human Rights Universal Complaint Procedure (Policy 4111) 11/15/201011

12. Sexual Harassment Policy 4113 Definition of Sexual Harassment (federal standard) Definition of Sexual Harassment (federal standard) Identifies Types of Sexual Harassment Identifies Types of Sexual Harassment Identifies Specific Behaviors Identifies Specific Behaviors Identifies Consideration Factors Identifies Consideration Factors Emphasizes College Goals and Objectives Emphasizes College Goals and Objectives Identifies Procedural Guidelines Identifies Procedural Guidelines 11/15/201012

13. Human Rights Universal Complaints Procedure (Policy 4111) Informal (verbal) seeking resolution Informal (verbal) seeking resolution Three step process – VPSS or VPHR Three step process – VPSS or VPHR Formal Formal Submitting written complaint Submitting written complaint Documented Investigation Documented Investigation Five step process Five step process External Complaint Options External Complaint Options Federal and State AgenciesFederal and State Agencies 11/15/201013

14. Questions? Discussion? Thank You