Learning Objectives Identify liability and legal foundations for harassment prevention Identify liability and legal foundations for harassment prevention Recognize terms and concepts Recognize terms and concepts Recognize types of sexual harassment & discrimination Recognize types of sexual harassment & discrimination

Learning Objectives (con’t) Understand your rights and responsibilities Understand your rights and responsibilities Understand the complaint procedure Understand the complaint procedure Understand the investigative process Understand the investigative process

Sexual Harassment Policy  The LPVROP is committed to ensuring an environment for all students and employees that is fair, humane, and respectful. An environment which supports and rewards student and employee performance on the basis of relevant considerations such as ability and effort.  Behaviors which inappropriately assert sexuality as relevant to student or employee performance damage this environment.

Sexual Harassment Policy (cont)  Therefore, the LPVROP will provide for its students and employees an educational and employment environment free of unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communications constituting sexual harassment as defined or otherwise prohibited by state or federal law.

General Harassment vs Sexual Harassment

GENERAL HARASSMENT General harassment is illegal under the law of intentional infliction of emotional distress or outrage. General harassment is illegal under the law of intentional infliction of emotional distress or outrage.  Debt Collectors  Neighbors playing loud music  Cyber bullying  Stalking  Verbal abuse (non-discriminatory)

Title VII, 1964 Civil Rights Act Race Race Color Color Religion Religion Sex Sex National Origin National Origin This law prohibits employment discrimination based on:

Civil Rights Act – 1972 Amendment Form of sex discrimination Form of sex discrimination Violation of federal law Violation of federal law Sexual harassment is a:

DEFINITION OF SEXUAL HARASSMENT Sexual harassment is any unwanted attention of a sexual nature from someone in the work place or classroom that creates discomfort and/or interferes with the job or academic performance Sexual harassment is any unwanted attention of a sexual nature from someone in the work place or classroom that creates discomfort and/or interferes with the job or academic performance

FORMS OF SEXUAL HARASSMENT  “Quid Pro Quo”  Hostile Environment

“Quid Pro Quo”  A Latin phrase meaning “this for that.”  Communicating a sense of “you-do-this- for-me-and-I’ll-do-that-for-you” when it is of a sexual nature.  Offering or withholding, academic or work- related rewards in exchange for sexual favors.

Hostile Environment  The most common and subtle form of sexual harassment.  Creates a working environment that is intimidating, hostile, or offensive to another individual.  Interferes with a person’s ability to work.  Results from one’s perception of behavior.  Perception takes precedence over intention.  Usually occurs with repeated abuse.

FOUR FACTORS THAT PROVE SEXUAL HARASSMENT 1. It is explicitly sexual 2. It is repeated or gross 3. It is unwelcome by the victim 4. The educator, administrator or employer knew or should have known it was occurring but did nothing to stop it

TYPES OF SEXUAL HARASSMENT  Verbal  Non-verbal  Physical

Verbal  Sexual innuendos  Suggestive comments  Insults  Humor or jokes about sex or gender specific traits  Sexual propositions  Pressure for sexual activity

 Implied or verbal threats concerning one’s job or grade  Sexist remarks about a person’s clothing, body or sexual activities  Persistent requests for dates  Spreading rumors about individuals sex life Verbal (cont.)

Non-Verbal  Suggestive or insulting sounds  Leering staring,licking lips or ogling  Whistling  Obscene gestures  Displaying sexual pictures, writings or objects, obscene letters or invitations  Unwanted love letters or notes

Physical  Touching  Pinching  Brushing the body  Patting  Assault  Coerced sexual intercourse  Cornering or blocking

SEXUAL HARASSMENT TEST  The Family Test  Newspaper Test  Both Sexes Test

THIRD PARTY SEXUAL HARASSMENT   An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer knows or should have known of the conduct and fails to take immediate and appropriate corrective action.

Effects of Sexual Harassment  Effects on individuals - anger - reduction in performance - avoidance - increased absentee rate - self-blame

Effects of Sexual Harassment  Effects on company or school - loss of unit cohesion - low morale - undermines readiness - detracts from company’s or school’s accomplishment

If You Think You Are Being Harassed…  Ask yourself, “Do I feel uncomfortable with this situation or behavior?”  Review what is considered acceptable/unacceptable behavior in the school or workplace.  Talk to the harasser.  Tell teacher, administrator.

Retaliation Concerns  If you have a bona fide complaint, you are legally protected from all forms of retaliation.  You may not be fired, demoted, or have your grades reduced as a result of your right to an academic/workplace free of sexual harassment.