Presentation on theme: "Anti-Discrimination & Harassment Policy"— Presentation transcript:
1 Anti-Discrimination & Harassment Policy University of Louisiana at MonroeAnti-Discrimination & Harassment Policy
2 Anti-Discrimination & Harassment Policy ULM is committed to maintain an environment free from discrimination and harassment for all employees and students.All members of the University community should be treated with dignity and fairness.All members of the University community will be held accountable for compliance.ULM is committed to providing an environment which is free from discrimination and harassment. All members of the University community should be treated with dignity and fairness without harassing conduct, which stifles productivity and hampers academic and professional motivation.All students, faculty, staff and administrators will be held accountable for compliance with this policy and any violation of this policy may lead to disciplinary action to include suspension or removal.Revised: August 2010
3 Employer’s Obligation Ensure that employees and supervisors are aware that discrimination, harassment, and retaliation is prohibited Provide a venue for complaints for victims and alleged offenders and a means to bring their complaints to the attention of appropriate personnel Take prompt and corrective action when discrimination, harassment, or retaliation comes to the employer’s attentionThe University is obligated to ensure that all employees and supervisors are trained on and aware that discrimination, harassment and retaliation of any kind is prohibited and violations of the policy will be dealt with accordingly.The University must provide every employee and student a venue for filing complaints of discrimination, harassment or retaliation. While also offering the alleged offender the opportunity to address the alleged complaints.The University strives to take prompt action to investigate and address all complaints brought to the attention of its supervisors, department heads, deans and/or vice presidents. Further, corrective action, which may include termination, must be addressed according to the severity of the complaint and the outcome of the investigation.
4 DefinitionHarassment is a form of misconduct which undermines the integrity of personal, professional, employee and student relationships.Harassment may be any behavior that alters a person’s terms or conditions of employment because of a characteristic that is protected by state or federal law.Harassment includes offensive jokes, comments, statements which invoke a person’s race, color, religion, age, national origin, genetics, sex, disability, veteran status, or any other protected status.Harassment may be any behavior that alters a person’s terms or conditions of employment because of a characteristic that is protected by state or federal law. This includes offensive jokes, comments, statements which invoke a person’s race, color, religion, age, national origin, genetics, sex, disability, veteran status, color or any other protected status.
5 Forms of Harassment Quid Pro Quo – “something for something” occurs when submission to harassing conduct is made as a condition of educational benefits, employment, or advancement.Hostile or Offensive Environmentoccurs when harassment is unwelcome, pervasive or so continuous that it creates a hostile or intimidating working environment.Two forms of harassment:Quid Pro Quo – “Something for Something”Occurs when submission to harassing conduct is made as a condition of educational benefits or concrete employment or advancement.Offensive or Hostile EnvironmentOccurs when harassment is unwelcome, pervasive or so continuous that it creates a hostile or intimidating working environment.
6 Harassment Conditions Conditions present for harassment:Either explicit (clear) or implicit (implied) condition, used as basis for employment or academic evaluationSubmission to or tolerance of the conductSubmission to or rejection of the conductConduct interferes with work performanceConduct interferes with a students’ academic performanceConditions present for harassment include:1. The conduct is an explicit or implicit term or condition of appointment, employment, admission or academic evaluation (ex: fear of not getting a job or receiving a bad grade) or conduct is used as a basis for a personnel decision or an academic evaluation affecting an individual (ex: if you go out with me then I will give you a raise or an “A”).2. Submission to or tolerance of the conduct is an explicit or implicit term or condition of appointment, employment, admission or academic evaluation3. Submission to or rejection of such conduct is used as a basis for a personnel decision or an academic evaluation affecting an individual4. The conduct has the purpose or effect of interfering with the work performance of faculty, staff, or student or creating an intimidating, hostile, offensive or otherwise adverse working environment.5. The conduct has the purpose or effect of interfering with a student’s academic performance, creating an intimidating, hostile, offensive, or otherwise adverse working environment.
7 Inappropriate Conduct/Behavior Unwelcome:TouchingFlirtationJokesStoriesFrequent or repeated advances or propositionsRequests for sexual favorsVulgar/foul languageUnwelcome display of sexually explicit materials, objects or pictures in an individual’s place of work or studyUnwelcome jokes, stories, comments, innuendoes, or other sexually oriented statements designed to humiliate or embarrassUnwelcome sexual communications graphic or degrading verbal comments about one’s gender related to personal appearanceUnwelcome sexual advances, requests for sexual favors, or other offensive verbal or physical contact of a sexual natureFrequent or repeated touching, sexual flirtation, advances or propositions which are not welcomedCreating or arranging situations specifically designed to violate privacy in an unwelcome and undesired manner.
8 Inappropriate Conduct/Behavior Statements or innuendoes designed to humiliate or embarrass – race, religion, sex, age, disability, etc.Offensive verbal or physical contact of a sexual natureDisplay of sexually explicit materials or pictures in the workplaceUnwelcome display of sexually explicit materials, objects or pictures in an individual’s place of work or studyUnwelcome jokes, stories, comments, innuendoes, or other sexually oriented statements designed to humiliate or embarrassUnwelcome sexual communications graphic or degrading verbal comments about one’s gender related to personal appearanceUnwelcome sexual advances, requests for sexual favors, or other offensive verbal or physical contact of a sexual natureFrequent or repeated touching, sexual flirtation, advances or propositions which are not welcomedCreating or arranging situations specifically designed to violate privacy in an unwelcome and undesired manner.
9 WHEN IN DOUBT, DON’T DO IT Power DifferentialsRomantic relationships are discouraged by the University if these relationships involve a significant power differential such as:Faculty and students/teaching assistantsSupervisor and SubordinatesEmployees and Students Consensual RelationshipsWHEN IN DOUBT, DON’T DO ITAlthough a decision to participate in a seemingly consensual relationship may seem sincere, a student or employee may actually choose not to refuse such an offer simply out of fear of reprisal.Faculty/teaching assistants and supervisors are highly advised to continually maintain appropriate professional demeanor and to avoid situations with students or employees which may lead to sexual relationships intended to improve either academic or employment standings.Consensual Relationships do not constitute sexual harassment, but all consensual defenses are closely scrutinized and supervisor/subordinate consensual relationships are suspect. Consensual romantic relationships involving significant power differentials are deemed unwise and inappropriate by the University because they place the individuals involved in a working or learning environment, which may be uncomfortable or negative.
10 Filing ComplaintsA student or employee who considers themselves a victim of harassment should first consult an appropriate University Official such as:Their immediate supervisorA Department Head, Director or DeanVice PresidentThe Director of Human ResourcesThe University has adopted procedures outlined to promptly and fairly investigate and resolve complaints of harassment, discrimination, or retaliation. Complaints may be submitted informally or formally.
11 GuidelinesComplaint should be in writing and should include the following information:Details of the incident(s) or conductDates and locations of incident(s) or conductWitnesses to the alleged incident or conductPrevious actions of harassment, discrimination, or retaliation reportedDesired resolution of complaintComplaints should be made as soon as possible after the alleged harassment or discrimination. If possible, the complaint should be in writing and should include the following information:- Details concerning the incident or conduct giving rise to the complaint;- Dates and locations of the incidents;- Any witnesses to the alleged incident or conduct;- If any previous actions of harassment or discrimination have been reported, if so, to whom and when;- Action requested to resolve the complaint and prevent future violation of the policy;
12 Rights of the AccusedAlleged offender shall be notified of complaint within 10 working daysAlleged offender shall respond to alleged complaint within 10 working days and address each incident of alleged conductNotice of Non-response is sent to alleged offender if no response to complaint is receivedThe investigation will proceed without the alleged offender’s responseThe University Official will contact the alleged offender within 10 working days of receiving any complaint.The alleged offender will have 10 working days to respond to the alleged complaint. The response shall address each instance of alleged discrimination or harassment in the complaint.If no response to the complaint is received from the alleged offender, a Notice of Non-response shall be sent to the alleged offender. If no response is received within five (5) working days thereafter, it will be assumed no response is intended and the University Official will note same in the record. The investigation will proceed without the alleged offender’s response.
13 Equal Employment Opportunity Advisory Committee Review and investigate the complaintCollect and clarify all available facts about the alleged incidentMay meet with the complainant and the alleged offenderDetermine if the University’s Anti-Discrimination & Harassment Policy has been violatedRecommend appropriate relief and disciplinary action to the President of the UniversityUpon delivery of a complaint to any of the University officials, a special EEO Advisory Committee will be established by the President.The EEO Advisory Committee will consist of no less than three members and no more than five members and may include faculty, administrators, staff and students in a mix suitable to deal with the complaint.The purpose of the EEO Committee is to:- Review and investigate the complaint;- Collect and clarify all available facts about the alleged harassment;- Meet with the complainant and the alleged offender;- Determine if the University's policy on sexual and workplace harassment has been violated;- Recommend appropriate relief and disciplinary action to the President of the University.Complaints will be addressed as confidentially as possible, considering the specific circumstances of the allegations, to protect the rights of both the complainant and the person accused. The EEO Advisory Committee may gather information from any sources deemed necessary in an effort to fully investigate and resolve the complaint.
14 Equal Employment Opportunity Advisory Committee EEO Committee will investigate formal complaintTo begin within 15 working days from receipt of the formal complaint filing dateEEO Committee will provide a report to the PresidentDetailed findings and recommendationsRecommended corrective actionsEither party has a Right to AppealPresident of the University of Louisiana System Board of SupervisorsThe committee will initiate an investigation within 15 working days of the formal complaint filing date. The investigation should include all information collected by the University representative who received the complaint.Following completion of the investigation by the EEO Advisory Committee, if a resolution has not been reached, a report will be provided to the President detailing the findings along with any recommendation for appropriate action. The President will then approve the recommendation or recommend an alternate resolution.The accused offender will be notified of the President’s decision. The complainant will be notified when the investigation has been completed that a determination has been made by the President as appropriate.Either party may appeal the decision of the University’s President by submitting a written letter of appeal to the President of the University of Louisiana System Board of Supervisors.The written ruling of the President of the University of Louisiana System Board of Supervisors shall constitute the final decision.
15 Retaliation/False Information The University, state and federal laws prohibit retaliation against an individual for reporting any type of discrimination or harassment or for participating in an investigation.Retaliation against any individual filing a complaint of discrimination or harassment will not be tolerated by the University.The University of Louisiana at Monroe policy, state and federal laws prohibit retaliation against an individual for reporting any type of discrimination or harassment or for participating in an investigation. The University will not tolerate any form of retaliation against any employee, student and others for filing a bona fide complaint under this policy or for assisting in a complaint investigation.
16 Anti-Discrimination & Harassment Policy The Anti-Discrimination & Harassment Policy may be viewed in its entirety on the ULM Human Resources Department website.For questions regarding this policy contact:Department of Human ResourcesDepartment of Human Resources