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SEXUAL HARASSMENT UT Health Science Center Office of Equity and Diversity 2008-2009 New House Staff Orientation UT Sexual Harassment Policy (HR0280) • The University of Tennessee unequivocally opposes the sexual harassment of its employees. Sexual harassment will not be tolerated and will be grounds for disciplinary action. • The university prohibits any retaliatory action against an employee for opposing an action that he or she believes to be sexual harassment, including the filing of an internal complaint or grievance or a charge with a state or federal civil rights enforcement agency. • Each unit will provide training for its employees on what constitutes sexual harassment and will provide a procedure to handle complaints of sexual harassment and other complaints of discrimination. FEDERAL STATUTES PROHIBITING SEXUAL HARASSMENT Title VII of the Civil Rights Act of 1964 Includes prohibitions against gender discrimination, and thus harassment as well. Title IX of the Education Amendments of 1972 Applies to educational institutions receiving federal assistance Under the statute, institutions and individuals may be liable for sexual harassment claims brought by students. Title VII CIVIL RIGHTS ACT OF 1964 Illegal to discriminate on the basis of: Race Sex Color Religion Age National Origin EEOC Equal Employment Opportunity Commission Government Agency Enforces Compliance with Title VII DISCRIMINATION “To make a difference in treatment or to favor on a basis other than individual merit.” DEFINITION OF SEXUAL HARASSMENT “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” 2 Audit Points • 1. Sexual in nature • 2. Unwelcome IT’S SEXUAL HARASSMENT WHEN 1. Submission is a term or condition of employment. 2. Reaction to conduct is used as basis for employment decisions. 3. Conduct has purpose or effect of unreasonably interfering with performance or creating intimidating, hostile or offensive environment. Types of Sexual Harassment • Quid Pro Quo – Person in authority offers to trade employment benefit (promotion, work assignment, training, etc) for sexual favors or threatens to withhold benefit if favor is not given – Ex: “Go out with me and you’ll get the promotion.” “QUID PRO QUO” SEXUAL HARASSMENT The most well-defined and least common form of sexual harassment Example… A suggestion by a supervisor or professor that sexual involvement with him/her would improve the employee’s chance for promotion or the student’s chance for a good grade. Types of Sexual Harassment • Hostile Environment -Pattern of continuing unwelcome behavior of a sexual nature that interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. -May be complaint of employee who is direct object of the attention, OR complaints of other employees who object to the behavior “HOSTILE ENVIRONMENT” SEXUAL HARASSMENT Behaviors that create an environment so offensive, intimidating or hostile that it interferes with a person’s ability to work or a student’s ability to learn or participate in the campus environment. The vast majority of cases fall into this category. Examples: • Repeated derogatory comments of a sexual nature in the classroom • Repeated unwelcome sexual attention (comments, questions about an individual’s sexuality or sex life) • Repeated comments by a professor about the professor’s own sex life and desires • Repeated undesired physical contact CHARACTERISTICS/DYNAMICS OF SEXUAL HARASSMENT Usually involves a power differential - Definitely unwanted, unwelcome behavior Usually repeated behavior - Most harassment goes unreported Varying numbers of female undergraduates and female faculty members report having experienced sexual harassment Most individuals who believe they have been harassed simply want it stopped and are disinclined to pursue charges Many people who offend or harass will stop when told Certain behaviors would be harassment to some but not others (how would it look to a “reasonable person?”) Harassers: any age or background; often talented, well-liked FORMS OF SEXUAL HARASSMENT Physical Verbal Other Touching Jokes Grabbing Dates Pictures, Cartoons, Posters Tee Shirts Kissing Propositions Coffee Mugs Hugging Obscene Language Sexual Remarks Calendars Rubbing Sexual Gestures IMPACT OF SEXUAL HARASSMENT • Individual: Psychological, Health • Organizational: Productivity, Turnover • Economic: Litigation costs millions annually POTENTIAL PARTICIPANTS IN A SEXUAL HARASSMENT SITUATION Professor and professor Professor and student Teaching assistant and student Supervisor and employee Administrator and faculty member Administrator and staff member Staff or administrator and student Staff member and staff member Student and student Faculty and staff Contractor/customer/client/patient and student/staff/faculty Other relationships among colleagues, peers and co-workers Protection applies to all environments affiliated with UTHSC • UTHSC Clinics • Hospital settings • Private medical offices • Any area where at UTHSC resident or student is assigned for placement during your term at UTHSC • • • • • • • • Faculty All Levels of Staff Residents Students Clinical supervisors Physicians, Surgeons Research personnel Patients and Visitors What are the Audit Points? • Unwelcome • Sexual in nature WHO DO YOU REPORT IT TO ON THE HSC? THE OFFICE OF EQUITY AND DIVERSITY 920 Madison, Suite 420 (901) 448-5558 or 2112 Office of the Dean/Vice Chancellor and/or Campus Police In Chattanooga, report it to the Associate Dean for Academic Affairs (423) 778-6956 and he will make sure the appropriate individuals are notified. ANY QUESTIONS? Welcome, and thank you for your time and attention.