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SEXUAL HARASSMENT
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Learning Objectives Identify liability and legal foundations for harassment prevention Recognize terms and concepts Recognize types of sexual harassment & discrimination
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Learning Objectives (con’t)
Understand your rights and responsibilities Understand the complaint procedure Understand the investigative process
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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.
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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.
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General Harassment vs Sexual Harassment
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GENERAL HARASSMENT 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)
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Title VII, 1964 Civil Rights Act
This law prohibits employment discrimination based on: Race Color Religion Sex National Origin
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Civil Rights Act – 1972 Amendment
Sexual harassment is a: Form of sex discrimination Violation of federal law
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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
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FORMS OF SEXUAL HARASSMENT
“Quid Pro Quo” Hostile Environment
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“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.
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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.
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FOUR FACTORS THAT PROVE SEXUAL HARASSMENT
It is explicitly sexual It is repeated or gross It is unwelcome by the victim The educator, administrator or employer knew or should have known it was occurring but did nothing to stop it
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TYPES OF SEXUAL HARASSMENT
Verbal Non-verbal Physical
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Verbal Sexual innuendos Suggestive comments Insults
Humor or jokes about sex or gender specific traits Sexual propositions Pressure for sexual activity
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Verbal (cont.) 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
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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
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Physical Touching Pinching Brushing the body Patting Assault
Coerced sexual intercourse Cornering or blocking
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SEXUAL HARASSMENT TEST
The Family Test Newspaper Test Both Sexes Test
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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.
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Effects of Sexual Harassment
Effects on individuals - anger - reduction in performance - avoidance - increased absentee rate - self-blame 15
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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 16
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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.
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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.
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