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Office of Institutional Equity/EEO Preventing Harassment

NMSU RESPECTS Office of Institutional Equity/EEO. “PREVENTING HARASSMENT in the Academic and /or Workplace Setting ”. Office of Institutional Equity/EEO Preventing Harassment. Training etiquette:.

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Office of Institutional Equity/EEO Preventing Harassment

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  1. NMSU RESPECTS Office of Institutional Equity/EEO “PREVENTING HARASSMENT in the Academic and /or Workplace Setting ” Office of Institutional Equity/EEO Preventing Harassment

  2. Training etiquette: • Please make sure all cell phone ringers, radios, blackberries and iPhones are turned off when possible • Please keep side conversations to a minimum • Please raise your hand to ask questions or offer comments Office of Institutional Equity/EEO Preventing Harassment

  3. OIE/EEO overview: • Review and process EEO-based claims of discrimination and harassment • OIE investigates claims of discrimination • Presents the facts in a report to the Provost (or designee) • The Provost (or designee) makes the determination • Serve as liaison with EEOC, NM HRB, OCR • Initial point of contact for Employee ADA Petition for Accommodation • Ensure implementation of NMSU’s Affirmative Action Plan • Training Office of Institutional Equity/EEO Preventing Harassment

  4. OIE/EEO staff: Office of Institutional Equity/EEO Preventing Harassment

  5. OIE/EEO contact information: Office of Institutional Equity/EEO Preventing Harassment

  6. Objectives: • Recognize forms of EEO-based harassment • Understand what to do if harassment occurs • Knowledge of prevention and corrective measures • Understand NMSU’s harassment policy and complaint procedures Office of Institutional Equity/EEO Preventing Harassment

  7. Preventing harassment is an important issue: • Against the law and NMSU Policy • Harassment free academic and/or workplace setting • Costs Office of Institutional Equity/EEO Preventing Harassment

  8. Federal Laws: • The Civil Rights Act of 1964 – Title VII Prohibits discrimination based on: race, color, religion, sex, and national origin • Americans with Disabilities Act of 1990 (as amended) • Age Discrimination in Employment Act of 1967 • Equal Pay Act of 1963 • Genetic Information Nondiscrimination Act (GINA) of 2008 Office of Institutional Equity/EEO Preventing Harassment

  9. Title IX (1972)-Applies to Academic Environment: • Enforcement: • US Department of Education, Office for Civil Rights • Prohibits: • Sexual misconduct • Gender discrimination • Sexual harassment • Retaliation Office of Institutional Equity/EEO Preventing Harassment

  10. State Discrimination Law: • N.M. Human Rights Act (1969)In addition to the federal protected areas the state covers: sexual orientation, gender identity, ancestry, spousal affiliation, and serious medical condition. Office of Institutional Equity/EEO Preventing Harassment

  11. Related NMSU Policies: • 2.05.10 – Gender Equity and Title IX Compliance • 3.22 – Conflicts of Interest Arising from Consensual Relationships • 3.25 –Discrimination, Harassment and Sexual Misconduct on Campus • 3.30 – Disability Accommodations • 3.99 – Prohibition of Hazing and Hostile Misconduct Office of Institutional Equity/EEO Preventing Harassment

  12. Discriminatory practices: • Discrimination in employment decisions • EEO-based harassment • EEO-based retaliation Office of Institutional Equity/EEO Preventing Harassment

  13. Who can commit harassment? • Supervisor • Co-workers • Faculty/Staff (including TA’s, RA’s, GA’s, etc.) • Students • Vendors Office of Institutional Equity/EEO Preventing Harassment

  14. First type of harassment: • The hostile academic and/or work environment is: • Severe and pervasive behavior that unreasonably interferes with academic or job performance. It creates an offensive or intimidating academic and/or work environment. • Harassment of a person based on his or her sex, race, religion, color, national origin, age, physical or mental disability, sexual orientation, or other protected status is a form of discrimination. Office of Institutional Equity/EEO Preventing Harassment

  15. Second type of harassment: • Quid Pro Quo: • “Something for something” – This usually occurs within a supervisor and employee work relationship. • It can also occur within a faculty and student academic and/or work relationship. Office of Institutional Equity/EEO Preventing Harassment

  16. What is EEO-based harassment? • For “harassment” to be considered a violation, it must be ALL of the following: • Related to a protected category • Unwelcome • Offensive to a reasonable person in the recipient’s position • Severe or pervasive Office of Institutional Equity/EEO Preventing Harassment

  17. Examples of EEO-based harassment: • Circulating cartoons or making remarks offensive to persons with disabilities • Taunting individuals of foreign origin • Ethnic or racial slurs and jokes • Age comments such as “you’re as old as dirt” • Religious proselytizing Office of Institutional Equity/EEO Preventing Harassment

  18. What is sexual harassment: • Behavior of a sexual nature • That is unwanted or unsolicited Office of Institutional Equity/EEO Preventing Harassment

  19. Sexual harassment behavior: • Nonverbal – no words are said, but a sexual message is sent • Verbal – using words to harass • Physical – touching, etc. Office of Institutional Equity/EEO Preventing Harassment

  20. Non-verbal example of sexual harassment: • Elevator eyes • Blocking a person’s path • Following the person • Unwelcome gifts • Displaying sexually suggestive visuals • Winking, throwing kisses, licking lips • E-mails, internet usage, social media sites Office of Institutional Equity/EEO Preventing Harassment

  21. Verbal examples of sexual harassment: • Whistling, cat calls • Sexual jokes, stories, or comments • Sexual fantasies, preferences, history • Repeated requests for dates • Kissing sounds, howling, and smacking lips • Compliments • Terms of endearment Office of Institutional Equity/EEO Preventing Harassment

  22. Physical examples of sexual harassment: • Giving a massage • Touching the person • Hugging, kissing, patting, stroking • Touching oneself/exposure • Brushing up against a person Office of Institutional Equity/EEO Preventing Harassment

  23. Other things to think about: • Same-sex harassment • Reasonable person standard • The overly sensitive employee • Personality conflicts • Part of Workplace Ethics • “Knew or should have known” • Vicarious liability Office of Institutional Equity/EEO Preventing Harassment

  24. Role of employees/students: • Take advantage of employer’s preventive and corrective opportunities • Inform the person that the behavior is not welcomed • Familiarize yourself with the reporting process Office of Institutional Equity/EEO Preventing Harassment

  25. Role of supervisors/faculty: • Take complaints/issues seriously • Take action if appropriate • Do not wait for complaint • Seek assistance when necessary Office of Institutional Equity/EEO Preventing Harassment

  26. Filing a complaint: • Internal - within 15 working days of the incident (646-3635) http://eeo.nmsu.edu/discrimination-grievance/ • EEOC (federal) – within 300 calendar days of the incident (1-800-669-4000) http://www.eeoc.gov/employees/charge.cfm • NM-HRD (state) – within 300 calendar days of the incident (1-800-566-9471) http://www.dws.state.nm.us/LaborRelations/HumanRights/FilingaComplaintofDiscrimination • OCR (Office for Civil Rights) – within 180 calendar days of the incident (1-800-421-3481) http://www2.ed.gov/about/offices/list/ocr/complaintintro.html Office of Institutional Equity/EEO Preventing Harassment

  27. Office of Institutional Equity/EEO Preventing Harassment

  28. Can confidentiality be guaranteed? • Confidentiality cannot be promised. • The complainant’s identity may need to be revealed to conduct the investigation. • To the extent possible, every effort will be made to safeguard confidentiality, consistent with reporting obligations and the need to investigate promptly and thoroughly. Office of Institutional Equity/EEO Preventing Harassment

  29. Summary: • The goal is to educate students, faculty, and/or employees in order to promote and maintain a harassment-free academic and/or work environment • Students and/or employees must immediately report any behavior/incident of harassment • Managers/supervisors/faculty must immediately address and correct any reported or known harassment activity. Notify OIE Office of Institutional Equity/EEO Preventing Harassment

  30. A parting thought: RESPECT Office of Institutional Equity/EEO Preventing Harassment

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