Sexual Harassment Prevention Training for TCOE Employees

Goals of Training Define Sexual Harassment TCOE Policy Criteria for Sexual Harassment Types of Prohibited Behaviors/Conduct TCOE Policy What To Do If You Are Being Sexually Harassed

What is Sexual Harassment? Sexual harassment is a form of gender discrimination

Conduct Constituting Sexual Harassment Can Be… Male to female Female to male Male to male Female to female Supervisor to employee Employee to supervisor Employee to employee

Prohibits discrimination in employment Title VII Prohibits discrimination in employment

Education Code 212.5 defines Sexual Harassment as…. Unwelcome 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 the following conditions: Submission to the conduct is explicitly or implicitly made a term or condition of an individual’s employment status or progress

Education Code 212.5 Continued Submission to, or rejection of, the conduct by the individual is used as a basis for employment or academic decisions affecting the individual. The conduct has the purpose of, or effect of, having a negative impact upon the individual’s work or of creating an intimidating, hostile or offensive work environment.

Two Types of Sexual Harassment Quid Pro Quo Occurs when an employee is subjected to unwelcome sexual advances or requests for sexual favors by the supervisor as a condition for hiring, promotion, or continued employment.

Two Types of Sexual Harassment Hostile Work Environment Conduct or a sexually oriented environment which is offensive to a “reasonable person” of the same gender as the individual subjected to the harassing conduct.

Hostile Work Environment is the most prevalent form of Sexual Harassment Conduct reasonably interferes with work performance Generally involves a course of conduct rather than a single incident

An isolated incident does not usually create a hostile environment. The conduct must be “severe, persistent, or pervasive” to constitute a hostile environment. The impact of the conduct and how it is perceived by the person receiving the conduct is also important.

Welcomeness Mere acquiescence or failure to complain does not mean the conduct was welcome. The victim defines what is welcome.

What Factors Contribute to a Sexually Hostile Environment? The frequency of the unwelcome conduct; The severity of the conduct; Whether the conduct was physically threatening or humiliating, or a mere utterance that was offensive; Whether the conduct unreasonably interfered with work performance;

What Factors Contribute to a Sexually Hostile Environment? The effect on the employee’s psychological well-being; and Whether the harasser was a supervisor.

Types of Sexual Harassment Sex-Based Harassment Allegations that an employee has been harassed because of his/her sex even though the harassing conduct is not sexual in nature. Example: Female employee physically threatened by male employee. This may include physical conduct such as touching, assault, and impeding or blocking movement. Example: Gay bashing

Types of Sexual Harassment Bystander Harassment A bystander witnesses the sexual harassment and becomes fearful or intimidated.

What Are Behaviors that Are Considered Forms of Harassment? Unwanted Sexual Advances Continuing to express sexual interest after being informed or otherwise made aware that the interest is unwelcome. Favors Offering favors or employment benefits, such as promotions, favorable performance evaluations, favorable assigned duties, recommendations, reclassifications, etc., in exchange for sexual favors.

Other Prohibited Behaviors Reprisals Making reprisals, threats of reprisals, or implied threats of reprisals following a negative response to sexual advances. For example: either threatening to withhold or actually withholding support for an appointment, promotion, or change of assignment, or suggesting that a poor performance appraisal will be given

Other Prohibited Behavior Visual Conduct Leering, sexual gestures, display of sexually suggestive objects or pictures, cartoons, posters, drawings or graffiti, magazines, sexual toys or objects or other material, sending sexually explicit email messages.

Other Prohibited Behavior Verbal or Written Abuse Making or using derogatory comments, slurs, jokes or epithets, sexual innuendos, comments about appearance or body, personal questions (e.g. about sex life), persistent invitations or verbal sexual advances or propositions.

Other Prohibited Behaviors Physical Contact Any offensive or uninvited touching, brushing against, or impeding or blocking movement.

Employees May be Held Personally Liable for Their Own Action or Inaction. Failure to Report Harassment Retaliation by Harasser Discipline up to termination if found guilty of harassment If the harasser is sued by the employee, the harasser could be held liable for economic and non-economic damages to the person who was harassed

Is it Really Sexual Harassment? Is this verbal or physical behavior of a sexual nature? Is this conduct offensive to the person(s) who witnessed it? Is this behavior being initiated by only one of the parties that has power over the other? Does the employee have to tolerate the conduct in order to keep his/her job? Does the conduct make the employee’s job unpleasant?

Behaviors that Contribute to a Hostile Environment Unfulfilled threats to impose a sexual quid pro quo; Discussing sexual activities; Telling off-color jokes of a sexual nature; Unnecessary touching; Commenting on physical attributes; Using demeaning or inappropriate terms, such as “babe,” “stud,” “honey,” “sweetheart,” etc.;

Behaviors that Contribute to a Hostile Environment Displaying sexually suggestive pictures; Using indecent gestures; Engaging in physical contact; Granting job favors to those who participate in consensual sexual activity; Using crude and offensive language.

The Office is Deemed to “Know” About Harassment if… An employee files a complaint. An employee witnesses the harassment. It is important that a witness tell their supervisor immediately about what they have observed. The Office would have found out about the harassment through “reasonable diligent inquiry,” or where it is widespread, openly practiced, or well-known to staff.

The Office Takes the Following Steps to Protect Our Employees from Sexual Harassment Written Policies that prohibit harassment and outline a prompt, responsive complaint procedure. Training provided for staff. Prompt and thorough investigations. Appropriate consequences if allegations of harassment are substantiated.

What do I do if I experience sexual harassment? Identify the behavior or environmental factor which is unwelcome/unwanted. Report the harassment to your supervisor, or if the harasser is your supervisor, to the Assistant Superintendent, Human Resources.

What will Happen after I Report the Harassment? The Office will conduct a thorough investigation. The victim, alleged harasser and any witnesses will be interviewed. The Office will determine whether sexual harassment has taken place. If it is determined sexual harassment has taken place, the employee will be disciplined, up to and including termination, if warranted.

What will Happen after I Report the Harassment? The harassing behavior will stop. If it does not stop, inform your supervisor or the Assistant Superintendent, Human Resources. Retaliation for reporting harassment is against the law. You should not experience any retaliatory behavior. If you do, immediately inform your supervisor or the Assistant Superintendent, Human Resources.

If the Harassing Behavior Persists, What Should I Do? Immediately report that the conduct is continuing to your supervisor and the Assistant Superintendent, Human Resources.

What to Do If I Observe a Prohibited Behavior as a Witness? Ask the victim if he/she felt harassed (remember it is how the victim perceived the behavior). If you know the person who exhibited the prohibited behavior advise him/her of your observation. Assist the victim in reporting the situation, if necessary. If the victim does not want to report the incident, you report what you saw to your supervisor. Document the situation in case of future investigation.

If You Are the Alleged Harasser The act of harassment, by itself, is an unlawful act. The harasser can be held personally liable for damages. A victim may be entitled to damages even though no employment opportunity has been denied and there is no actual loss of pay or benefits. Take the complaint seriously. In all cases, STOP THE OFFENDING BEHAVIOR IMMEDIATELY. Be aware that sexual harassment may result in disciplinary actions, up to and including termination.

Use This Form to Report Sexual Harassment

TCOE will take all reasonable steps to prevent harassment from occurring.

If an employee experiences harassment, TCOE will… Fully inform a complainant of his/her rights to secure those rights. Fully and effectively investigate the complaint. Take steps to prevent further harassment or retaliation for making a complaint.

Superintendent Policies and Administrative Regulations

Questions?