Sexual Harassment Prevention at Miami Dade College

1. SEXUAL HARASSMENT PREVENTION Miami Dade College Division of Human Resources Office of Employee Relations/EOP/ADA

2. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) Guidelines Defining Sexual Harassment • Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

3. EEOC Guidelines Defining Sexual Harassment • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; and such conduct has the purpose or affect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

4. SEXUAL HARASSMENT IS DISCRIMINATION BASED ON SEX • Employee treated differently because of their sex/gender. • Employment decisions based on person’s sex. Harassment on the basis of sex is a violation of Title VII of the Civil Rights Act of 1964 as amended in 1972; Civil Rights Act of 1991; Title IX of the Education Amendments, College Policy. Title VII prohibits discrimination based on race, sex, color, national origin, and religion.

5. Quid Pro Quo The sexual act or a sexual favor is the prerequisite condition to employment or employment decisions (i.e., promotion, job benefits); or academic success or evaluation. Refusal to engage in the sexual act or provide a sexual favor results in being fired, denied promotion, denied a job benefits; or denied some academic benefit, (i.e., an appropriate grade, enrollment, participation).

6. Quid Pro Quo There is proof the sexual demand was linked to a tangible, economic aspect of the harassed employee’s compensation, term, condition or privilege of employment; or a student’s enrollment, academic benefit, or participation.

7. HOSTILE ENVIRONMENT The threat takes the form of ongoing harassment that interferes with work or school by making the atmosphere intimidating and unpleasant. The atmosphere is made hostile or abusive by the unequal treatment of the sexes or individuals. The harassment is “sufficiently severe or pervasive to alter the conditions of the victim’s employment”; or academic performance and create an abusive working, or educational environment. The actions are generally repetitive.

8. DON’TS • Vulgar, sexually explicit language • Sexual comments as to physical appearance • Sexual comments toward persons

9. DON’TS • Off-color sexual jokes or anecdotes • Explicit questions about one’s sex life, sexual preference or sexual orientation • Comments, sexually explicit or implicit, about one’s clothing, body or looks

10. DON’TS • Repetitively asking for dates • Use of sexually harassing terms to refer to females (i.e., bitch) • Whistling, kissing sounds, smacking noises

11. Writing suggestive notes or sending unwelcomecards DON’TS • Terms of endearment (i.e., honey, sweetheart, darling) • Rumor-mongering about a person’s sex life in front of them or behind their back

12. DON’TS • NON-VERBAL ITEMS TO BE AVOIDED • Unsolicited or inappropriate gifts (e.g. underwear, night-time apparel) • Offensive photographs or pictures • Staring at a person in an unwelcome manner (i.e. the once-over)

13. DON’TS • Stalking at the office or after hours • Kisses, making facial expressions, or sexual gestures • Touching a person’s hair, clothing or body when the touching is unwelcome (i.e. pushing one’s hair out of face, back massages)

14. NON-VERBAL ITEMS TO BE AVOIDED DON’TS • Standing inappropriately close to someone • Hugging and kissing when its uninvited • Rubbing against someone when it is uninvited

15. DO’ S • Take the report seriously • Listen, sympathize, but don’t judge • Don’t delay • Respond to concerns

16. DO’ S • Document • Follow-up on the complaint • Avoid using “dangerous words” such as, “It’s just teasing – no big deal”

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