Transcript SEXUAL HARASSENT/ETHICS WORKSHOP

SEXUAL
HARASSMENT/ETHICS
WORKSHOP
Grays Harbor College
SEXUAL HARASSMENT DEFINED
 Unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a sexual
nature when:

Submission to such conduct is made explicitly or
implicitly a term or condition of employment.

Submission to or rejection of such conduct is used as
the basis for employment decisions.

Such conduct has the purpose or effect of substantially
interfering with an individual’s work performance or
creates an intimidating, hostile, or offensive working
environment.
Sexism, Sexual Discrimination and
Sexual harassment
 Sexism is the attitude of a person of one sex that he
or she is better than a person of the other sex.
 Sexual discrimination is an action taken as a result of
sexist attitudes.
 Sexual harassment is unwanted sexual advances, or
visual, verbal or physical conduct of a sexual nature.
Liability
 An employer is responsible for acts of sexual harassment
in the workplace where the employer or its agents know or
should have known of the conduct, unless it can be shown
that the employer took immediate and appropriate
corrective action.
 More specifically, employers are strictly liable for
harassment by a supervisor that results in a tangible
employment action.
 Supervisors may also be personally liable for proven
allegations of sexual harassment.
To Be Considered Sexual Harassment,
Conduct Must …..
 Be sexual in nature.
 Directed at the victim because of his or her gender.
 Be unwelcome.
Types of Harassment
 Quid Pro Quo Harassment
Occurs when employment benefits have been
conditioned upon sexual favors.
 Hostile Environment Harassment
Occurs when an individual is subjected to unwelcome
sexual conduct that unreasonably interferes with his
or her job performance or creates an intimidating,
hostile or offensive working environment.
Reasonable Person Standard
Tangible Employment Action
 If an employment action results in significant changes
in employment status, it is “tangible”.
 Employer is generally liable in situations where a
tangible action resulted from a situation or complaint
of sexual harassment.
If No Tangible Employment Action….
 Then an employer may escape liability for a
supervisor's harassment that creates a hostile
environment but does not result in tangible action by
providing that:

The employer exercised reasonable care to
prevent and correct any harassment.

The employee unreasonably failed to take
advantage of the preventative or corrective
measures provided.
Complaint Procedures
GHC Board Policy 625 specifically states that sexual harassment in
any form is illegal and will not be tolerated. This policy has an informal
and formal compliant procedure.
Informal Procedure:

Employees are encouraged to discuss the offensive or
inappropriate with the person involved.

If this is too intimidating, there are others on campus who can
assist such as administrators or counselors.
Formal Procedure:
 Meet with and file a formal written complaint with the Chief of
Human Resources.
 Complaints will be held in confidence to the extent possible.
 The college may elect to conduct an investigation.
 If the complainant and the accused agree, informal meetings may
be held in lieu of an investigation.
Manager Responsibilities
 Be aware.
 Take action when appropriate.
 Address misconduct immediately and seriously.
 Support the investigation.
 Be a role model.
Employee Ethical Conduct
Basic Ethical Principle:
 Public office, whether elected or appointed, may not
be used for personal gain or private advantage.
General Ethical Principles
 A state officer or employee may not receive
compensation from any person, except the State of
Washington, for performing his or her official duties.
 Caveat—an employee of a college or university may
receive remuneration (money) from the institution’s
foundation.
Basic Rules for Gifts
 A state officer or employee may not accept a gift if it
could reasonably be expected to influence the
performance or non-performance of his or her official
duties.
 A state officer or employee may not accept a gift from
any person with a value in excess of $50.00 per year.
Gift Rule Exceptions
A gift does not include:
 Items from family or friends if the clear purpose is not to gain
or maintain influence in the employee’s agency or institution.
 Items exchanged at social events by co-workers.
 Reasonable expenses (travel, room, meals) for speeches or
seminars.
 Items returned or donated to charity within 30 days.
 Discounts available to individual as members of a broad
based group.
Gift Rules Exceptions (continued)
A gift does not include:
 Admission to a charitable event.
 Gifts from dignitaries.
 Food and beverages at hosted receptions.
 Food and beverages on infrequent occasions in the
ordinary course of meals, when related to official
duties.
Honoraria
Definition: An honorarium is money or anything of
economic value offered for a speech, appearance, or
article in connection with an officer’s or employee’s
official duties.
Basic Rule: A state officer or employee may not receive
an honorarium unless it is specifically authorized by his
or her employer.
Honoraria
An agency or institution may NOT permit an officer or
employee to accept an honorarium if:

The person offering the honorarium is seeking to
contract with the state.

The person offering the honorarium is regulated by the
state.

The person offering the honorarium will be seeking
legislation or policy changes in subject areas controlled
by the agency.
Use of State Resources
Reference is to GHC Board Policy 521, Acceptable
Use of Electronic Resources.
 A state officer or employee may not use state
resources--the office, money, property, time,
personnel--for personal benefit or to benefit another
person.

This restriction does not apply if the state officer or
employee uses state resources to benefit others as
part of his or her official duties.
Use of State Resources De Minimus
Rule
When may an employee use state resources for
personal purposes?
 When there is little cost to the state.
 Must be brief in duration, occur infrequently, and be
the most effective use of time and resources.
 The use must not disrupt or distract from the conduct
of state business due to volume or frequency.
 Cannot compromise security or software.
 Does not disrupt other state employees or obligate
them to make personal use state resources.
Prohibited Use of State Resources
 Cannot use state resources for outside business.
 Cannot support, promote or solicit for an outside
organization or group.
 Cannot use state resources for campaigns or ballot
propositions.
 Cannot use state resources commercially for
advertising or selling.
 Use of state computers for private purposes except
on a deminimus basis.
Prohibited Uses of State Resources
(continued)
 Cannot use state property removed from state
facilities.
 Cannot use for personal use consumable state
resources such as paper, envelopes, or spare parts.
Confidential Information
 A state officer or employee may not disclose
confidential information to an unauthorized person.
 A state officer or employee may not disclose
confidential information for his or her personal benefit
or for the benefit of another person.
 A state officer or employee may not accept
employment or engage in business if it might
reasonably be expected to require the disclosure of
confidential information.
Employing Former State Employees
One year restriction: a former state officer or employee
may not accept employment or compensation from an
employer within one year of leaving state employment
if all three of the following conditions are present:
1. Officer or employee during two years immediately
preceding termination of state employment negotiated or
administered a contract with the new employer.
2. The contract had a total value in excess of $10,000.
3. The former officer or employee’s duties with the new
employer would include fulfilling or implementing that
contract.
Employing Former State Employees
 Former officer or employee may not, within two
years following termination of state employment,
have a beneficial interest in a contract or grant that
was expressly authorized or funded by executive in
which the former officer or state employee
participated.
Summary
 Do NOT accept gifts.
 Seek approval for honoraria early.
 Do not make personal use of state resources.
 Do not use state resources for political campaigns.
 Do not accept compensation for outside activities
related to your work as a state employee.
 Do not assist in state transactions you influence.
 Do not disclose confidential information.
 Plan employment following state service to avoid
conflict.
Summary
Before you act, ask yourself these questions:
 How would this appear to a KING Television
investigative reporter seeking to expose state
employee misconduct?
 How would this appear on the front page of the
Seattle Times?
Assisting in State Transactions
A state employee may not assist a person in a transaction
involving the state, if he or she participated in that
transaction.
Example: A state purchasing manager may not assist a private
vendor bidding for a contract with the state if the PM helped write the
terms and conditions under which vendors would bid for state
contracts.
A state officer or employee is NOT prohibited from
assisting a person in a transaction with the state if it falls
within his or her official duties
Example: Financial aid employee assists a student in obtaining
financial aid or other grants from the state.