by: Dr. Sue Guenter-Schlesinger Vice Provost of Equal Opportunity & Employment Diversity Laura Eckert, J.D. Sr. Exec. Equal Opportunity Assoc. Nick Sanchez, J.D. Equal Opportunity & Employment Diversity Specialist Equal Opportunity Office OM 345 MS-9021 Ph: –

Sexual Harassment Prohibition: It’s the Law Title VII (Civil Rights Act of 1964)Faculty & Staff Title IX (Ed Amendments of 1972) Students WAC

Western Policies Equal Opportunity/Non-Discrimination Policy Sexual Harassment Related Policies: Faculty Handbook, Appendix 5, Section 2

Sexual Harassment: Definition Unwelcome sexual advances and/or Requests for sexual favors Other verbal or physical conduct of a sexual nature WHEN…….

Definition (Cont’d.) Submission to such conduct or activity is made either explicitly or implicitly a term or condition of an individual’s employment or academic progress Submission to or rejection of such conduct or activity is used as the basis for employment or evaluation Such conduct or activity interferes with an individual’s employment or educational advancement and /or creates an intimidating, hostile or offensive environment.

Sexual Harassment (Cont’d.) Quid Pro Quo Hostile Environment

Who Could Be Sexually Harassed? EVERYBODY! Power vs. Sex

CRITICAL ISSUES Flirtation vs. Harassment Intent vs. Impact

Examples of Sexual Harassment Sexually explicit images on computer or sending sexual s Turning work discussions to sexual topics Having sexually explicit images/calendars on office wall Asking personal ques. about social/sexual life Making sexual comments about a person’s clothing or body Staring at someone Massaging, patting, caressing

Sexual Harassment Myths Just saying “NO” should make it stop. Harassment will stop if it is ignored. If women watched how they dressed, there wouldn’t be any harassment. Sexual harassment is harmless; women have no sense of humor. The more training you get in sexual harassment prevention, the more polarized men and women will be.

3 rd Party Harassment Overhearing sexual conversations Being part of group where sexist jokes are told Present where another is harassed

EVERYBODY has RIGHTS! First Amendment Rights vs. Sexual Harassment Law/Policy Preservation of Both?

What To Do If Sexually Harassed Tell the harasser to stop, if possible. Say how the behavior is offensive to you. Document the incident(s) and report it to your supervisor. Utilize organizational procedures (EO Office).

Sexual Harassment Complaint Procedures EO Office will try to informally resolve issue at lowest level if possible. Alleged victim may file formal complaint (45 days). EO Office conducts investigation, ensuring fairness to all parties. Leadership is informed of outcome & takes appropriate action.

Why Victims Don’t Report Do not believe anything will happen (lack of confidence in leadership). Afraid they will be blamed (Lack of confidence in their own perceptions). Concern for the harasser.

Supervisory Responsibilities Take the complaint seriously. Supervisory responsibility: “Knew or should have known.” Document all discussions. Follow orginal procedures, ensuring fairness to all parties. Take swift & appropriate action in substantiated cases.

Supervisory Responsibilities (cont’d.) Retaliation is Prohibited by Law! Leadership can help ensure that complainants are protected against retaliation, even if their complaint is not substantiated through an investigation.