Harassment and Discrimination Prevention, Complaint Handling and Conflict Resolution Maggie Sloane Associate Director, Compliance and Conflict Resolution (540) (540) Office for Equal Opportunity 336 Burruss Hall – 0216 Blacksburg, VA (540) Main Office (540) Text Telephone (540) FAX

Topics Policy overview Policy overview Introduction to conflict resolution Introduction to conflict resolution Handling discrimination or harassment situations Handling discrimination or harassment situations Minimizing perceptions of harassment or discrimination Minimizing perceptions of harassment or discrimination Training opportunities, including online resources Training opportunities, including online resources

VT Anti-Discrimination and Harassment Prevention Policy Mutual respect: core value in Principles of Community. VT prohibits discrimination or harassment on protected characteristics: age age color color disability disability gender (inc. pregnancy) gender (inc. pregnancy) national origin national origin political affiliation political affiliation race race religion religion sexual orientation sexual orientation veteran status veteran status

VT Anti-Discrimination and Harassment Prevention Policy (cont.) Prohibition applies to all levels and areas of University operations and programs, e.g.: students students administrators administrators faculty faculty staff staff volunteers volunteers vendors and contractors vendors and contractors

Definitions of Harassment 1. “Sexual coercion [quid pro quo]”: Unwelcome conduct of a sexual nature when… Employment or educational decisions based on accepting or rejecting conduct Employment or educational decisions based on accepting or rejecting conduct “Welcomeness” depends on complainant, not intent of respondent“Welcomeness” depends on complainant, not intent of respondent Always sexualAlways sexual Power differencePower difference Beware “consensual” relationshipsBeware “consensual” relationships

Definitions of Harassment (cont.) 2. “ ‘Hostile’ or Intimidating Environment”: Unwelcome behavior that unreasonably interferes with work; academics. At VT, based on protected characteristic, incl. sex Reasonable person find hostile, threatening or intimidating. Respondent may be a peer

Impact v. Intent Intent is not relevant in determining whether behavior is harassment. What matters is impact of behavior on work environment. Intent is not relevant in determining whether behavior is harassment. What matters is impact of behavior on work environment. Intentimpact Intentimpact The statement, "I didn't mean anything by it," is not a valid defense of harassing behavior. The statement, "I didn't mean anything by it," is not a valid defense of harassing behavior. However, intent can be a factor in choosing corrective action However, intent can be a factor in choosing corrective action

Everyone should expect to be treated with… Respect Respect Fairness Fairness Dignity Dignity

Options: Informal resolutionInformal resolution Formal processesFormal processes

Possible options: Speaking directly to respondent Speaking directly to respondent Seeking assistance from Seeking assistance from SupervisorSupervisor Human resources professionalHuman resources professional Faculty memberFaculty member Employee Assistance ProgramEmployee Assistance Program AdministratorAdministrator Women’s CenterWomen’s Center OEOOEO Conflict resolution, including mediationConflict resolution, including mediation Informal Resolution—

Features of informal resolution: Ordinarily is less disruptive. Ordinarily is less disruptive. Takes less time Takes less time Affords more privacy Affords more privacy Less risky Less risky Parties usually have more control over outcome (with exceptions) Parties usually have more control over outcome (with exceptions) More likely to allow parties to associate in future. More likely to allow parties to associate in future. Can allow win/win solutions Can allow win/win solutions Can provide model for future dispute resolution. Can provide model for future dispute resolution.

Formal investigation by OEO Formal investigation by OEO Formal complaint to OEO Formal complaint to OEO State Employee Grievance Procedure State Employee Grievance Procedure Federal EEOC/ State Human Rights Federal EEOC/ State Human Rights State Office of Equal Employment Services State Office of Equal Employment Services Police Police Litigation Litigation Formal resolution—sometimes appropriate: OEO

“Doing nothing” is always the wrong response; “Doing nothing” is always the wrong response; Treat claim seriously, no matter how “improbable” you think it is. Do not assess credibility; Treat claim seriously, no matter how “improbable” you think it is. Do not assess credibility; Inform and get help from appropriate resources immediately; Inform and get help from appropriate resources immediately; Confidentiality cannot be assured, but protect privacy. Share information only on need-to-know basis; Confidentiality cannot be assured, but protect privacy. Share information only on need-to-know basis; Act promptly. Don’t wait for formal or written complaint! Act promptly. Don’t wait for formal or written complaint! If Supervisor is Aware of a Situation HR Provost OEO

Retaliation, by Respondent or management, violates VT policy and is illegal. And don’t penalize or discourage… Bringing a complaint/grievance Bringing a complaint/grievance Consulting with other offices Consulting with other offices Complaining to outside agencies Complaining to outside agencies Contacting the police Contacting the police Consulting a lawyer or filing a lawsuit Consulting a lawyer or filing a lawsuit

To avoid creating perceptions of harassment/discrimination Treat staff, colleagues and students with respect and dignity. Avoid embarrassing people; Treat staff, colleagues and students with respect and dignity. Avoid embarrassing people; Get help promptly with performance problems. Get help promptly with performance problems. Insist that people treat each other with respect, in your area or others; Insist that people treat each other with respect, in your area or others; HR

To avoid creating perceptions of harassment/discrimination (cont.) Maintain a professional relationship; Avoid personal comments or issues —yours or theirs Maintain a professional relationship; Avoid personal comments or issues —yours or theirs Continue to set and model standards of behavior when on VT business— even off campus, in the field, at conferences, and overseas. There is no “300 mile limit”. Continue to set and model standards of behavior when on VT business— even off campus, in the field, at conferences, and overseas. There is no “300 mile limit”.

Special note on sexual harassment of students: “Notice” to Institution …if a responsible employee ‘knew, or in the exercise of reasonable care should have known,’ about the harassment. …if a responsible employee ‘knew, or in the exercise of reasonable care should have known,’ about the harassment.

What is a “responsible employee”? Any employee who… has the authority to take action to redress harassment, has the authority to take action to redress harassment, has the duty to report to appropriate school officials sexual harassment or other misconduct, or has the duty to report to appropriate school officials sexual harassment or other misconduct, or a student could reasonably believe has this authority or responsibility. a student could reasonably believe has this authority or responsibility. JA OEO

Use the right tool!