Transcript Preventing Harassment in the Academic Setting/Workplace A refresher on sexual harassment. Outline Pre-test I. What is Harassment? I. II. I. II.

Preventing Harassment
in the
Academic Setting/Workplace
A refresher on sexual harassment.
Outline
Pre-test
I. What is Harassment?
I.
II.
I.
II. Liability
III.
I.
Individual; Sources; Categories; Hostile
Environment
III. Preventing Harassment
IV.
I.
V.
Quid Pro Quo; Hostile Environment
Avoiding Harassment; Corrective Actions;
Investigation; Factors; Remedies; Discipline;
Resolution
Post-test
Pre-Test

Pre-test Question 1

Kelly took a class from a Professor who was recently
hired. This Professor is under 30 years old, single, and
very attractive. Other students in the class noticed that
Kelly rarely attended class, but she was often seen with
the Professor at a neighborhood coffee shop. Kelly
received an A in the class, and everyone knew she was
sleeping with the Professor

Kelly is a victim of sexual harassment.

True or False?
Pre-Test
Pre-test Question 1
 False.
 This may be an example of sexual
favoritism, unless Kelly was coerced or
threatened into a sexual relationship with
the Professor. The institution may be
vulnerable if other students perceive that
they can get a high grade by sleeping with
the Professor.

Pre-test Question 2

Tony persists in asking Mary out to dinner. Mary
is a waitress at the Diner where Tony delivers
bread. Mary turns him down each and every
time he requests a date, and has told him several
times to stop asking. She has also reported Tony
to her supervisor.

Tony's behavior is not at risk for sexual
harassment, because he does not work for the
Diner and they have no control over his behavior.

True or False?
Pre-test Question 2



False.
Although harassment frequently involves power
relationships in the workplace, sexual harassment may
occur between any individuals at work, regardless of
which entity is the employer.
Because Mary finds Tony's requests unwelcome and
he persists in asking her out despite her clearly stating that
she does not want to date him, his behavior is at risk for
sexual harassment. It is up to her employer to intervene to
stop Tony from harassing Mary, including contacting
Tony’s employer or finding another bread vendor.
Pre-test Question 3

Bob works for the athletic department of a
college. He has pin up pictures of scantily
clad women on the inside door of his locker
in the men’s faculty locker room. Bob's
behavior is not at risk because he does not
intend to offend anyone, and his pictures are
usually hidden from view and can be seen
only when he has his locker open.

True or False?
Pre-test Question 3

False.

Sexual harassment does not depend on intent; it
depends on the impact of the behavior on the work
environment. Bob may not intend to offend or harass
any of his co-workers, but the impact of his behavior
is what counts.

If this type of behavior pervades the working
environment, chances are some workers will find it
offensive and unwelcome.

The management of Bob’s college is obligated to
keep the workplace free of offensive behavior of a
sexual nature.
Pre-test Question 4

Joan and Steve work in the same office and enjoy a
great working relationship. At work they usually
interact during breaks and lunch, which they take
together. They were recently seen kissing in the
parking lot of the Flamingo, a local hotel. At work
they seem professional, but they are definitely an
item of conversation.

Romance of any kind has no place at work. This
couple's relationship is clearly at risk for sexual
harassment.
True or False?
Pre-test Question 4
False.

The law on sexual harassment refers only to nonconsensual behavior of a sexual nature. This means
that at least one of the parties is not willing, does
not consent, and does not find the behavior
welcome.

Joan and Steve have a consensual relationship, and
they don't engage in publicly offensive behaviors, so
their conduct cannot be construed as sexual
harassment.

However, romances may go sour and lead to
harassment situations. That's why some
organizations have made policies regarding office
romances.
Pre-test Question 5

John and Lois, instructors in the same department,
travel together to a conference where they are
presenting a paper. In the taxi before their check in
at the hotel, John suggests to Lois that they stay in
the same room. Lois strongly objects, and John
backs off.

While Lois finds John's behavior offensive and
unwelcome, the regulations regarding sexual
harassment in the work place are not relevant,
since John and Lois were not at their usual
workplace when the incident happened.

True or False?
Pre-test Question 5

False.

Courts have ruled that sexual
harassment can occur both on and off
regular work premises, including on
business trips, at conventions and at
holiday office parties.
I. What is Harassment?
• Conduct: Behavior, acts and
perceptions
• Quid Pro Quo
• Environment: Visual, physical and
verbal
• Hostile
• Abusive
Sexually Harassing Conduct

Can consist of:
VISUAL
Posters
Cartoons
Elevator Eyes
Leering
PHYSICAL
Hugs
Massage
Gifts
Touching
Blocking Paths
VERBAL
Sexual
 Comments: Girl,
Hunk, Babe
Jokes
Cat Calls
Whistling
Forms of Unlawful
Harassment
•
•
•
•
•
•
•

Sex
Race/National Origin/Color
Disability
Religion
Marital Status
Age
Sexual Orientation
Types of Harassment:
Quid Pro Quo

• Quid Pro Quo: Explicit or implicit
conditions for successful participation in
an education program or employment.
Includes submission to unwelcome
sexual advances, requests for sexual
favors, or other verbal, nonverbal, or
physical conduct of a sexual nature, in
exchange for grades or advancement.
Quid Pro Quo
(Something for something)

Adverse action: Benefits promised in
exchange for sexual favors or denied if
sexual favors are not given.
Quid Pro Quo

Factors:
 • Was the sexual conduct unwelcome?
 • Would a reasonable person in the
accuser’s position believe s/he was the
victim of quid pro quo harassment?
 • Did the alleged harasser intend to
subject the accuser to quid pro quo
harassment?
 • Is there a connection between a
discussion about academic or job benefits
and a request for sexual favors?
Hostile Environment

Sexually harassing conduct by an
employee, by another student, or by a third
party that is sufficiently severe, persistent,
or pervasive to limit a person's ability to
participate in or benefit from an education
program or activity, or to create a hostile or
abusive educational or working
environment.
Is Environment Hostile or
Abusive?
•
•
•
•
•

Totality of the Circumstances
Frequency
Severity
Physically threatening or humiliating
Unwelcome
Hostile Environment in the
Education Context

Sufficiently severe, persistent, or
pervasive to:
• Limit ability to participate in or benefit
from an education program or activity, or
 • Create a hostile or abusive educational
environment

II. Liability
• Individual Responsibility
 • Sources of Liability: The Law

• Title VII
 • California Fair Employment and
Housing Act (FEHA)
 • Title IX
 • California Education Code 212.5
 • Tort Law
 • Case Law

(II. Liability)
Categories:
 • Supervisors
 • Between Employees
 • Student Employees
 • Peer Harassment
 • Hostile Environment

Employees May Face Personal
Liability
Actual
Damages
Attorney’s Fees
A Civil Penalty
Up To $25,000
All Employees Are Personally
Responsible

Since January 1, 2001 California law has provided that
individual employees at all levels within an organization
are personally liable for any sexual harassment in which
they engage.

In addition, if the employer concludes, based on its
own investigation, that an employee engaged in sexual
harassment it does not provide legal representation for any
lawsuit filed against that employee.

This means that you would need to rely on your own
assets to cover the costs of an attorney and to pay any
judgment.
Impact of Liability
Monetary
Damages
Loss of
Federal Funding
Injunctive
Relief
Sources of Liability
•Title VII
 • California Fair Employment and
Housing Act (FEHA)
 • Title IX
 • California Education Code 212.5
 • Tort Law
 • Case Law

Title VII

Title VII does not explicitly mention sexual
harassment. The Supreme Court made
clear, however, in its landmark 1986
decision in Meritor Savings Bank v. Vinson
that Title VII prohibits sexual harassment,
for it is a form of illegal sex discrimination.
Fair Employment and Housing
Act (FEHA) prohibits:
•Unwanted sexual advances
 • Offering employment benefits in exchange
for sexual favors (Quid pro quo)
 • Making or threatening reprisals after a
negative response to sexual advances
 • Visual conduct: leering, making sexual
gestures, displaying of suggestive objects
or pictures, cartoon or posters
 • Verbal conduct: making or using
derogatory comments, epithets, slurs,
and jokes

(FEHA prohibits)
•
Verbal sexual advances or
propositions
 • Verbal abuse of a sexual nature,
graphic verbal commentaries about
an individual's body, sexually
degrading words used to describe
an individual, suggestive or obscene
letters, notes or invitations
 • Physical conduct: touching, assault,
impeding or blocking movements
Title IX

Title IX of the Education Amendments
of 1972 (Title IX) and its implementing
regulations state: No individual may be
discriminated against on the basis of
sex in any education program or
activity receiving Federal financial
assistance. Sexual harassment of
students is a form of prohibited sex
discrimination.
Education Code 212.5 et. Seq.
2.1 Sexual harassment means unwelcome
sexual advances, requests for sexual favors,
and other verbal, visual, or physical
conduct of a sexual nature, made by
someone from or in the work or educational
setting, under any of the following
conditions:
 2.1.1 Submission to the conduct is
explicitly or implicitly made a term or a
condition of an individual's employment,
academic status, or progress.

Employer Liability for Supervisors

• Quid Pro Quo:

Strict Liability: Strict liability is a legal
doctrine that makes some persons
responsible for damages their actions
cause, regardless of any "fault" on their
part.
• Hostile Environment
FEHA: Strict Liability
Title VII: Allows Affirmative Defenses
Hostile Work Environment
Harassment
• Protected status of victim
 • Physical, verbal or visual harassing
behavior
 • Harassment is objectively and
subjectively offensive
 • Harassment is severe, persistent or
pervasive
 • Harassment unreasonably interferes
with work or education

Was Conduct Unwelcome?
•
•
•
•
Totality of the Circumstances
Who initiated the harassing conduct?
How did the complainant respond?
Did the complainant tell the harasser
to stop?
 • Did the complainant tell anyone
about the harassment?

Was Conduct Offensive?

• Objective Test – The Reasonable
Person Standard:


Would a reasonable person in the same
circumstances as the victim be offended?
• Subjective Test: Was the victim in
Would I
fact offended?
be
offended?
Reasonable Person
Grey, or Borderline Areas
• Consensual relationships between
supervisors/subordinates or
faculty/students
 • Solicitation of dates, or invitations to
lunch, drinks or dinner
 • References to appearance or dress
 •Casual touching of non-intimate parts
of the body

Same Sex Harassment
Supreme Court Ruling
• Neither party has to be gay
 • Conduct must be based on gender


The victim was singled out because of
his/her gender
• Objectively severe & offensive
 • Totality of circumstances

III. Preventing Harassment
•
•
•
•
•
•
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
Avoiding Harassment
Corrective Actions
Investigation
Factors
Remedies
Discipline
Resolution
How to Avoid Harassment
Prevention is the key!
 • Take all complaints seriously & handle
according to procedure
 • Safe environment for harassment
complaints
 • Be a good role model

• Encourage open discussions
 • Train staff how to identify & respond
 • Educate staff about rights & obligations

Appropriate Corrective Action



• Encourage prompt reporting and do not
tolerate retaliation
• Prevent harassment from recurring
• Discipline harasser

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



Fits the conduct
Ensures it does not continue
Deters others
• Ensure appropriate remedy
• Harassment training
• Re-publish harassment policy
Prompt Reporting and Retaliation
• Encourage prompt reporting
 • Encourage promptly notifying
offender behavior is unwelcome
 • Retaliation WILL NOT be tolerated

RETALIATION
Stop the Harassment

Consider:
•
•
•
•
Severity
Pervasiveness
Harassers overall record
Complainants employment
history/student record
 • Notice of policy
 • Prior practice
 • Rules, policies, and union contracts

Remedies for Harassment
•
•
•
•

Counseling
Correct adverse actions
Follow up and monitor behavior
Voluntary or involuntary transfer
Resolving the Complaint
• Communicate findings to all parties
involved.
 • Maintain records of the investigation.
 • Advise victim of appeal rights.
 • Monitor the perpetrator.

Post Test #1

As an instructor, is it appropriate to hug
your students?

But I’m a touchy-feely kind of person!
#1: Answer
Please refrain from any physical contact
between you and your students.
Hug your significant other, your cat, dog,
horse, or goldfish, but not your
students.
Post Test #2
Ms. T is a first year student. Her
advisor is Mr. B, a new counselor who is
a recent college graduate.
After Christmas break, they begin
dating and continue through Ms. T’s
time at SRJC.
 Is it harassment for Mr. B to advise Ms.
T?
#2: Answer
No. This is an example of a relationship
between two consenting adults, unless
Ms. T was coerced into the relationship.
But consensual relationships between
advisor and advisee can make the
institution vulnerable to sexual
harassment and/or retaliation charges if
the relationship goes sour. Mr. B
should be removed as Ms. T’s advisor.
Post Test #3
Crystal is a student in a work-study
program with an engineering firm. The
firm is predominately male and she
soon finds nude pictures of women and
vulgar jokes being placed in her lab
station. She informs her advisor.
Is this sexual harassment? If so, what
kind is it?
#3: Answer
Yes. Visual sexual harassment can
constitute a hostile environment. In
this case, the institution could be held
responsible because the program is
under the auspices of the college.
Post Test #4
Jennifer was sitting in the cafeteria
when one of her male professors
happened by with his lunch tray and
asked if he could join her.
Can this situation constitute sexual
harassment?
#4: Answer
No. Assuming there is no sexual or
gender-related behavior or comments,
this could hardly be interpreted as
anything but friendly behavior on the
part of the professor.
The End
What questions do you still have?
Please direct questions and/or comments to the
District Compliance Office at 527-4303 or e-mail
[email protected]
Please make sure that you have e-mailed the District
Compliance Officer that you completed this course.
[email protected]
Thanks!