Creating a Culture of Respect

1. Creating a Culture of Respect At Gettysburg College

2. Today’s Session • Creating a Culture of Respect • Definition of Harassment and Discrimination • Impact of Harassment and Discrimination in the Workplace • Relationship with Customers and Students • Myths and Misconceptions about Sexual Harassment • Reporting Procedures • What is Retaliation? • Harassment and Discrimination-Free Workplace Policy and Grievance Procedure

3. Why Is The Title “Creating a Culture of Respect” Important? • The College values the “worth and dignity of all people”. • Our goal is to create an environment that is permeated with respectful interactions leading to an atmosphere that promotes collegiality and productivity in the workplace. • We value individuals for who they are and the contributions they make to the College community. • For this reason the College established a Harassment and Discrimination-Free Workplace Policy to promote prompt, reasonable and responsible resolution of issues raised by employees. • Plus it is the right thing to do.

4. What is Harassment & Discrimination? Harassment • Tangible Employment Action (formerly Quid Pro Quo) • Actions that result in monetary loss, adverse change in workload or work assignment or loss of a professional advancement opportunity • Hostile Environment • Verbal or physical conduct of a sexual nature • Conduct that is unwelcome • Conduct that is severe or pervasive enough that a reasonable person would find it creates a hostile working environment.

5. What is Harassment & Discrimination? Discrimination • Unfair treatment of a person or persons within a legally protected group on a basis other than individual merit such as: • Treating a person with a certain attribute less favorably than a person without the attribute in similar circumstances • Imposing a requirement or practice with which a person with a certain attribute does not or can not comply • Imposing tougher performance standards on people within a legally protected class.

6. What are the Legally Protected Groups? Sex, Race, Color, Religion, National Origin, Age, Disability While sexual orientation is not currently protected by either state or federal law, the College has, at its discretion, chosen to recognize sexual orientation as a protected classification within our College community.

7. The College’s Declaration: Gettysburg College will not tolerate harassment or discrimination on the basis of sex, race, color, national origin, age, religion, disability, sexual orientation, or any other trait or characteristic protected by any applicable federal, state, or local law or ordinance.

8. What are some examples of prohibited behavior? • Racial or ethnic jokes • Unwanted touching from another person • Obscene language or gestures • Derogatory remarks about a person’s age • Making fun of a person’s disability • Demeaning comments about someone’s religious beliefs

9. Important!! Socializing at work too often includes flirting or joking about sex. Employees may think this is just a routine way to communicate with someone they are interested in (just having fun); however, this banter can become insulting &/or demeaning. It becomes sexual harassment when it creates a hostile, intimidating, or pressured working environment. Don’t do it at work!

10. Customers and Students Please remember to ALWAYS act in a professional manner with your customers and our students

11. What is the impact of harassment and/or discrimination? • Loss of productivity • Negative atmosphere • Low morale • Higher employee turnover • Costly lawsuits • Adverse media attention • Damaged reputation

12. Myths and Misconceptions about Sexual Harassment Myth: Some people ask to be sexually harassed. They do this with how they dress, or how they act. They send "signals.“ Reality: Being subjected to sexual harassment is a painful, difficult, and frequently traumatic experience. Defenses such as "she wore provocative clothes" and "he enjoyed it" are neither acceptable nor accurate.

13. Myths and Misconceptions about Sexual Harassment Myth: If you ignore sexually harassing behavior, it will eventually stop. Reality: In a recent survey of woman, only 29% of the women who said they tried to ignore the behavior said that it "made things better." Over 61% of the women said that telling the harasser to stop was the most effective method.

14. Myths and Misconceptions about Sexual Harassment Myth: Sexual harassment is inevitable when people are working together. Reality: While interactions between people may be inevitable, uninvited sexual overtures are not.

15. Myths and Misconceptions about Sexual Harassment Myth: An harasser has to have sexual intentions towards their target for the behavior to count as sexual harassment.Reality:  Sexual harassment is discrimination and is a form of abuse, most commonly an abuse of power.  The harasser's rationale does not change this fact.  

16. What is the procedure for reporting an incident? Harassment and/or discrimination in any form • Experienced by or caused by an employee or visitor of the College • Witnessed by members of the faculty and administration and all supervisors (REQUIRED to report) • Staff members and students who observe this behavior are encouraged to report. Report immediately to: • Supervisors or manager • Co-Directors of Human Resources • Vice Provost

17. What follow-up will occur once a complaint is filed? Co-Director of Human Resources, the Vice Provost or the Title IX Coordinator will: • Inform the alleged respondent about the College’s policy regarding such behavior, and advise respondent that retaliation is prohibited. • Promptly, thoroughly, and impartially investigate the complaint considering all relevant information and circumstances. • Maintain confidentiality throughout the investigation to the extent practical and consistent with the College’s need to undertake a full and impartial investigation.

18. What follow up will occur once a complaint is filed? • Advise both the complainant and respondent the outcome of the investigation. • Make a final determination as to whether a College policy has been violated and, if appropriate, administer disciplinary action. • If harassment is found to have occurred, immediate and appropriate action will be taken to stop the harassment, prevent its recurrence, and correct its effects.

19. What is retaliation? Adverse action or treatment after engaging in a protected activity, such as reporting an incident or participating in an investigation • The one accused of retaliation had to have known about the claimant’s protected activity • There needs to be a causal link established between a protected activity and the adverse action or treatment

20. What are some examples of retaliation? • Being denied a promotion or receiving a demotion • Being excluded from special projects • Being terminated • Receiving a poor performance evaluation • Realizing a salary or benefits reduction • Being ridiculed or bad mouthed

21. Purpose of the Grievance Procedure The College Grievance Procedure exists as a means to contest a determination that has been made regarding an alleged violation of the College’s Harassment and Discrimination-Free Workplace Policy.

22. Grievance Procedure There are three grounds for which the College Grievance Procedure can be applied: • The complainant or the respondent believes that the discipline/sanction imposed was inappropriate for the violation of policy for which he or she was found responsible; • An error occurred during the investigative stage preventing either the complainant and/or the respondent a reasonable opportunity to prepare and present information to the investigator(s); or • There is a discovery of new information that was not available at the time of the investigative process and could have affected the outcome of the matter.

23. Categories Not Covered by College’s Grievance Procedure The College Grievance Procedure does not apply to issues concerning: • Compensation • Classification • Work standards • Stated College policy • Matters that are beyond the control or jurisdiction of the College • Any disciplinary matter or termination unless the employee believes that such actions were the result of unlawful discrimination or harassment • Any faculty issues, such as reappointment, dismissal for cause, tenure/promotion, etc.

24. Grievance Committee Members of this committee are appointed by the President of the College for terms of three years. The College Grievance Committee will be composed of: • Three tenured faculty members • Three administrators • Three support staff members The Chair of the College Grievance Committee will be a tenured faculty member and may serve as one of the four voting members of a grievance hearing panel.

25. Grievance Process • File a Notice of Grievance Form (NGF) within 7 days with Co-D HR, Vice Provost or DSR&RR stating which of three (3) grounds for grievance applies. • NGF is given to Chair who selects hearing panel of 1 administrator, 1 faculty and 1 staff for total of 4. • Panel decides if it satisfies 1 or more of 3 grounds. If no, panel tells Co-D HR, Vice Provost or DSR&R. If yes, a hearing will be held.

26. Grievance Process • Hearing • Closed meeting • Burden of proof is on the grievant • Panel may call witnesses • Grievant may have an advisor • Not directly involved in case • Speaks quietly with grievant • Not an attorney

27. Grievance Process Hearing Panel makes recommendation • Majority decision (3 of 4) • Advises grievant of recommendations • Advises one of these administrators of recommendations: Provost if faculty; Executive VP if administrator/staff; VP of College Life if student • Panel has no restrictions upon it as to what it may recommend • Grievance is not established • Reprimand • Further proceedings for dismissal of employee

28. Grievance Process Administrator Has Final Decision (Provost, Executive VP, or VP College Life) • Promptly reviews recommendation. • Not bound by recommendation. • Determines any resolution of grievance, including sanction within the authority of his or her position. • Decision is final.

29. Conflict Resolution Program at GC

30. Harassment and Discrimination-Free Workplace Questions?