Presented by Stephen P. Smith, J.D. Vice President for Human Resources and Legal Affairs

1. Shoreline Community CollegeSexual Harassment Prevention for SupervisorsLegal Liabilities and Human Behavior Presented by Stephen P. Smith, J.D. Vice President for Human Resources and Legal Affairs

2. Supervisors Training Objectives • Identify early indications of potential Sexual Harassment issues • Understand the requirements of Sexual Harassment laws and policies, and related personal and institutional liabilities • Outline the standards of institutional and individual supervisory liability • Review the procedural requirements of SCC Sexual Harassment Policy 4113 and Human rights Universal Complaint Procedure

3. Prevention and Early Identification List ten (10) examples of behavior that may indicate potential Sexual Harassment and explain why: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

4. Laws that Prohibit Workplace and Educational Sexual Harassment Federal Title VII of the Civil Rights Act of 1964, as amended Title IX of the Education Amendments of 1972 Case Law State RCW 49.60 – Washington Law Against Discrimination RCW 28B – Higher Education Law Case Law

5. Legal Theories of Discrimination • Disparate Treatment (Hostile Environment) • Disparate Impact (Statistical Basis) • Reasonable Accommodation • Retaliation • Harassment

6. Legal Analysis of Sexual Harassment Issues • Quid Pro Quo (“This For That”) • Authority and Perceptions of Power • Perceived Coercion or Extortion • Job Benefit or Detriment as Consideration • Hostile Environment • Harassment was unwelcome and/or unwanted • Harassment was because of gender (sex), gender identity or gender expression • Harassment was either exceptionally severe/traumatic or was repeated and pervasive.

7. Relationships and Perceptions of Power Supervisor  Employee Employee  Employee Teacher  Student Student  Student Third Party

8. Legal Standards of Liability A. Imputed (attributed) to the Employer 1. Strict Liability (Vicarious) 2. Tangible Employment Action 3. Knew or Should Have Known* B. Individual Supervisor Civil Liability 1. Federal Standard ~ shifting case law 2. State Standard ~ Negligence Standard*

9. Recognizing Tangible Employment and Academic Actions (Liabilities) 1. 2. 3. 4. 5. 6. 7.

10. Institutional Responsibility(College Stewardship) • Maintain Policy and Procedures • Conduct Regular Training • Specify Civil Rights Coordinator • Prompt and Effective Investigation and Corrective or Disciplinary Action • Good Faith (not acting with deliberate indifference) • Maintain privacy; manage confidentiality • Ensure Procedural Due Process (fairness)

11. ReviewShoreline Community College Policy and Procedures • Policy 4113 on Sexual Harassment • Human Rights Universal Complaint Procedure (Policy 4111)

12. Sexual Harassment Policy 4113 Definition of Sexual Harassment (federal standard) Identifies Types of Sexual Harassment Identifies Specific Behaviors Identifies Consideration Factors Emphasizes College Goals and Objectives Identifies Procedural Guidelines

13. Human Rights Universal Complaints Procedure(Policy 4111) • Informal (verbal) seeking resolution • Three step process – VPSS or VPHR • Formal • Submitting written complaint • Documented Investigation • Five step process • External Complaint Options • Federal and State Agencies

14. Questions? Discussion? Thank You