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Gender Discrimination and Sexual Harassment Awareness. 2014. Agenda. What is gender discrimination? What is s exual harassment? Why it is important to prevent gender discrimination? OSU policy Responsibilities of OSU employees Retaliation.
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Agenda • What is gender discrimination? • What is sexual harassment? • Why it is important to prevent gender discrimination? • OSU policy • Responsibilities of OSU employees • Retaliation
What is Gender Discrimination? • Gender discrimination includes all forms of sex discrimination, including sexual harassment and sexual violence by employees, students or third parties against employees, students or third parties. • Sex discrimination also includes unequal pay based on gender, discrimination on the basis of pregnancy, unequal distribution of athletic funds, and unequal admissions and financial aid practices.
Title VI of the Civil Rights Act of 1964 mandated that: “No person in the United States, shall on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be Subjected to discrimination any program or activity receiving federal funds.” Title VII of the Civil Rights Act of 1964 (42 U.SC. Sec. 2000e-(a)) Prohibits discrimination in the terms, conditions or privileges of employment on the basis of an employee’s sex, race, ethnicity or religion Title IX of the Education Amendment s of 1972 “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
What is Sexual Harassment? • Unwelcome sexual advances • Requests for sexual favors • Other verbal or physical conduct of a sexual nature that affects an individuals’ employment, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment
Two Forms of Sexual Harassment • Quid Pro Quo • This for that or something for something • Hostile work environment
Quid Pro Quo • Employment decisions/expectations are based on employee’s submission to or rejection of sexual advances, requests for sexual favors, or other behavior of a sexual nature • Employment decisions/expectations-hiring, promotion, salary increase, shift or work assignments, performance standards, etc.
Examples • Employer offers the employee a promotion in exchange for a sexual favor • Making work assignments conditional upon the sexual request • Threatening to terminate the employee if they do not participate Employer uses position as leverage in order to intimidate the worker into complying with the request.
Hostile Work Environment • Speech or conduct that is severe and/or pervasive enough to create an abusive or hostile work environment • Created by a boss or coworker whose discriminatory actions, communication or behavior make doing your job impossible
Examples • Unwanted jokes, gestures, offensive words on clothing, and unwelcome comments • Touching and any other bodily contact such as scratching or patting a coworker’s back, grabbing an employee around the waist, or interfering with an employee’s ability to move • Repeated requests for dates that are turned down or unwanted flirting • Displaying sexually suggestive objects, pictures, or posters • Playing sexually suggestive music
Comfort Zones People have different confront zones for different relationships, different environments; and different circumstances.
Degree of Offensiveness • Offensive “You really fill out that outfit” • Possibly Offensive “You look great in that outfit” • Almost Never Offensive “What a beautiful suit”
Who Can Be Involved in Sexual Harassment • Employees at all levels, customers, members of the same sex • Those who are targeted-victims, bystanders and, in some cases, witnesses who are affected by the harassment
Consensual Relationships • No OSU policy prohibiting • Relationships the parties view as consensual may appear to others to be exploitative • May create conflicts of interest
Rape and Sexual Assault:A Renewed Call To Action The White House Council on Women and Girls 1 in 71 (@1.6 million) men are raped in their lifetime 1 in 5 college females are sexually assaulted while attending school. Most victims know their perpetrator President established a White House Task Force To Protect Students From Sexual Assault • 1 in 5 (@ 22million) women are raped in their lifetime • 98 % of perpetrators are male • College students are particularly vulnerable • Campus assailants are often serial offenders • Rape reporting rates are low
Sexual Harassment and Title IX • Sexual Harassment is unwelcome conduct of a sexual nature that includes, but is not limited to: • sexual violence; sexual advances; requests for sexual favors; indecent exposure; and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive • When a hostile environment is created…
Sexual Harassment can occur anywhere on or off campus Among students reporting harassment: 39% were in dorm or student housing 37% were outside on campus grounds 24% were in common areas of campus 20% were in classrooms 27% were “somewhere else” 12% were unsure where they were harassed
Why It Is Important to PreventGender Discrimination? • Sexual harassment harms us all • Most important part of University values is to ensure all people are treated with respect and dignity • Engaging in, condoning, or not reporting sexual harassment are in direct conflict with University values • Complies with Title VII and Title IX Obligations
Who is responsible for addressing harassment? • All OSU officials in supervisory relationships with employees or students are charged with the responsibility of responding immediately and appropriately to correct any situations which creates a hostile working or educational environment within an administrative unit under their supervision • In the context of harassment of a student by another student or third parties, a school has notice if a responsible employee knew, or in the exercise of reasonable care, should have known about the sexual harassment or violence • A reasonable employee includes any employee who: • Has the authority to take action to redress the harassment, • Has the duty to report harassment or other type of misconduct to appropriate officials, OR • Is someone a student could reasonably believe has this authority or responsibility
NOTICE • Notice equals a duty of immediate Title IX- based prompt and effective action to eliminate harassment, prevent its recurrence, and remedy its effects. • Notice can be second hand or by third party
Institutional Obligations Under Title IX SEXUAL HARASSMENT PREVENT REMEDY INVESTIGATE
Gender Discrimination / Sexual Harassment Policy & Title IX Grievance ProcedurePolicy Policy 1-0702 • Sexual harassment is prohibited in the workplace • Provides fair employment practices and ethical standards • Victims and/or witnesses encouraged to report instances of sexual harassment • Supervisors are obligated to take action to prevent and stop behavior. • Also obligated to report to Human Resources and/or Equal Opportunity Officer/Title IX Coordinator
Each member of the campus community is responsible for preventing sexual harassment and ensuring that the work and academic environments are harassment-free. Become informed about sexual harassment. Evaluate your own behavior to ensure that you are not engaging in sexual harassment. Just because you believe your behavior, actions or language is appropriate, does not mean others think it is appropriate.
What is Retaliation • Adverse action taken against an employee because he/she complained of harassment or discrimination • Demotion • Discipline • Termination • Salary reduction • Change in job duties
Oklahoma State University is committed to maintaining a work and academic atmosphere which is free of intimidation, fear and coercion. Sexual harassment is defined as: Unwelcomed sexual advances Requests for sexual favors Any behaviors of a sexual nature where: Submission to such conduct is a term or condition of an individual’s employment or participation in a university-sponsored educational program or activity Submission to or rejection of such conduct is used as the basis for academic or employment success Such conduct creates an intimidating, hostile or offensive environment Summary
Summary Sexual Harassment is a prevalent problem in university communities. Three out of five students have encountered some form of Sexual Harassment/Misconduct while in college Sexual Harassment is demeaning, offensive and illegal. It is not tolerated at Oklahoma State University Retaliation is illegal and a violation of OSU policy. Sexual Harassment can occur anywhere on or off campus Both male and female students can be victims of sexual harassment
Faculty/staff members, students, alumni and even visitors have the potential to be victims and facilitators of sexual harassment/misconduct Individuals should address incidents promptly by either confronting the offender or forwarding the incident to one of the following OSU official who will address the issue: The Director of Equal Opportunity/Title IX Coordinator, Dr. Rosalyn Green, can be reached at 408 Whitehurst, 405-744-9153 The Student Conduct Officer, Aleigha Mariot, can be reached at 326 student Union Building, 405-744-5470 Summary