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Discrimination Sexual Misconduct The ADA Help!

policies. Discrimination Sexual Misconduct The ADA Help!. law. vawa. Title IX. Diversity. Who We Are. Krista Pickens Brian Nicholls Jeff Simcox Amra Ferhatbegovic Ancica Lackovic Sherrie Stump Campus: 135 Park Bldg. SOM: Room 1C041 Telephone: 801-581-8365. What We Do.

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Discrimination Sexual Misconduct The ADA Help!

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  1. policies DiscriminationSexual MisconductThe ADAHelp! law vawa TitleIX Diversity

  2. Who We Are • Krista Pickens • Brian Nicholls • Jeff Simcox • Amra Ferhatbegovic • Ancica Lackovic • Sherrie Stump • Campus: 135 Park Bldg. • SOM: Room 1C041 • Telephone: 801-581-8365

  3. What We Do • Oversee the University’s Efforts to remain in compliance with Equal Opportunity and Access laws • Serve as the ADA/Section 504 & Title IX Coordinator • Resource for information • Education and Training • Investigations • Internal and External • ADA Accommodations for employees and visitors • Affirmative Action Plan

  4. OEO/AA is: . . . insofar as our legal obligations allow.

  5. Retaliation Is Prohibited! A person cannot be retaliated against for: • Reporting discrimination • Objecting to a discriminatory practice • Participating in a discrimination complaint investigation • Requesting a disability accommodation Treating someone differently for any reason.

  6. Discrimination & Disability Policies Apply To . . . ? • And Protect Everyone! • Visitors • Customers • Patients • Students • Faculty • Staff • Vendors

  7. Discrimination Treating someone differently for any reason.

  8. ProhibitedDiscrimination • Race • National Origin • Color • Sex • Religion • Age • Disability • Veteran’s Status • Gender Identity/Expression • Genetic Information • Sexual Orientation

  9. University Nondiscrimination Policies • Policy 5-106, Equal Opportunity & Nondiscrimination Employment • http://regulations.utah.edu/human-resources/5-106.php • Policy 5-107, Sexual Harassment & Consensual Relationships • http://regulations.utah.edu/human-resources/5-107.php • Policy 5-210, Discrimination and Sexual Harassment Complaint Policy • http://regulations.utah.edu/human-resources/5-210.php • Policy 5-117, Americans With Disabilities Act • http://regulations.utah.edu/human-resources/5-117.php

  10. Examples of Discrimination • Use of racially derogatory words, phrases, epithets • Expressing negative stereotypes regarding a person’s birthplace or ancestry • Negative comments about a person’s religious beliefs (or lack of religious beliefs) • Refusing to accommodate one religion while accommodating another • Favorable or less favorable treatment to employees of one demographic/religion/protected characteristic over another

  11. Title IX • Prohibits discrimination on the basis of sex. • Being treated differently • Stereotyping • Harassment • Bullying • Offensive comments • Sexual Harassment

  12. University of Utah Title IX Coordinator Krista L. Pickens, Director, OEO/AA Campus: Park Building Room. 135 SOM: Room 1C041 Telephone: (801)581-8365 krista.pickens@utah.edu

  13. Discrimination Based On Sex Includes: • Pregnancy Discrimination • Gender (Male or Female) • Assignments/Opportunities • Sexual Orientation • Gender Identity/Expression • Sexual Harassment • Quid Pro Quo • Hostile Environment • Sexual Assault • Stalking • Violence

  14. “This For That” Quid Pro Quo Sexual Harassment

  15. Elements of Quid Pro Quo • Power or authority • Sexual or romantic request • Outcome may affect academic or employment participation

  16. Example • Your attending physician begins to pay special attention to you. S/he takes you to dinner or out for drinks, texts you often (sometimes late at night), begins to discuss personal issues. • Sexual Harassment? • S/he then asks you or you begin to have a sexual relationship. • Sexual Harassment?

  17. Boundaries

  18. Consensual Relationship Policy • University of Utah Policy: • Prohibits consensual relationships when a supervisor has direct authority over another • http://www.regulations.utah.edu/humanResources/5-107.html

  19. Hostile Environment Conduct is: • Sexual in Nature • Unwelcome or Unwanted • Pervasive and/or Severe • Interferes with school/work/program “You said something, you did something, or you showed me something . . . and now I can’t do my job!”

  20. Sexual in Nature • Visual • Physical • Verbal

  21. Unwelcome/UnwantedWhat to Say? Do? • Make it known • Walk away • Do not participate • Talk to your supervisor • Talk to the OEO/AA

  22. Pervasive and/or Severe • Severe: • One incident • Pervasive: • On-going • Wide spread • Repetitive

  23. Examples of Sexual Harassment • Leering, oogling, i.e., staring in a sexually suggestive manner • Making sexual remarks about looks, clothing, body parts • Touching - such as patting, pinching or intentionally brushing against another’s body • Continually asking a coworker/student out, despite previous rejection • Sexual jokes, emails, images, gestures, etc. • Referring to gender in demeaning terms • Stalking or Dating Violence • Sexual Violence

  24. Sexual Violence • Physical sexual acts made against another when: • It is against the person’s consent or will, or • The person is incapable of giving consent • Examples of Sexual Violence • Sexual Assault • Rape • Dating/Relationship Sexual Assault or Violence

  25. Consent Consent is a clear yes, not the absence of no. L Legally, mentally, and physically able

  26. Anyone Can Harass or Be Harassed

  27. Intent vs. Perception Q: What about intent? A: Intent is NOT relevant! “But I didn’t mean it that way...” “I was just teasing...” “I didn’t mean for it to make her/him uncomfortable...” “It was a joke, I didn’t really think that...”

  28. Administrator Responsibilities • Administrators, supervisors, or faculty may need to assist a student/employee who is being subjected to sexual harassment or discrimination • Have a duty to report complaints or concerns • Protect privacy • Protect against retaliation

  29. Bystander -- What Do I Do? By-Stander Tip #3 MAKE YOUR PRESENCE FELT By-Stander Tip #1 THE FAKE FRIEND (Make sure your new “friend” needs assistance) By-Stander Tip #2 CALL OUT Name the Act State a Principle Make a Command By-Stander Tip #5 THE DISTRACTION By-Stander Tip #4 CHECK IN Are you O.K.? Do you need help? Is that person bothering you? By-Stander Tip #6 BE A ROLE MODEL

  30. Americans with Disabilities Act (ADA) §504 of the Rehabilitation Act • Prohibit Discrimination or Harassment • Provide Reasonable Accommodations • Provide Equal Access

  31. ADA/504 Prohibit Discrimination • Having a disability • Having a record or historyof a disability • Being regarded or perceived as having a disability • Requesting an accommodation

  32. Definition of Disability: • A physical or mental impairment which substantially limits one or more major life activities • Permanent or long-term in duration

  33. Examples of Major Life Activities • Breathing • Walking • Lifting • Thinking • Working • Eating • Sitting • ???______ • Seeing • Hearing • Major Organ Function • Cell Division • ???______

  34. Examples Of Required Accommodations • Public Access • Employment • Auxiliary Aids • Internet accessibility • Ticket Sales • Parking • Accommodation Processes • Events • Other powered mobility devices (Segways, etc) • Grievance processes • Class Materials • Internet classes • Events (Athletics, Art, Academic) • Health Care • Residential

  35. Auxiliary Aids

  36. What is a Service Animal? • A Service Animal is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability Or . . .

  37. Service Animal . . . A Miniature Horse • If the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

  38. Prohibited & Permitted Questions • If disability is not obvious, MAY ask: • Is this a Service Animal for a disability? • What tasks is this animal trained to perform? • MAY NOT ask about the handler’s disability • MAY NOT ask for certification/identification vests, etc • What about others with allergies?

  39. What the ADA WILL DO • Provide protection from discrimination • Provide reasonable accommodations so that you can do your job or continue your education • May cover conditions EVEN if they are in remission. • Ensure confidentiality and privacy

  40. What the ADA WILL NOT DO • Waive essential job/academic functions • Cover temporary or conditions that are “short-term.” • Undo disciplinary actions or work retroactively • Allow threatening conduct/performance • Protect the use of alcohol or illegal use of drugs

  41. Who Provides Accommodations? • Staff, Faculty, and Public Accessibility OEO/AA Campus: 135 Park Building SOM: Room 1C041 (801)581-8365 • Students CENTER FOR DISABILITY SERVICES Campus: 162 Union Bldg (801) 581-5020

  42. Diversity

  43. Diversity -- Put The Person First • Put the person first • A person with a disability, not a disabled person. • A person who is Black, not “the black man.” • A person who is gay, not “the gay guy.” • A person with a visual impairment or who is blind, not “the blind woman.” • Use gender neutral terms: Chair/Chairperson, Workers Compensation, Police Officer, etc. • Use equal terms for women and men. i.e. call both by first name or both by title, but not “Dr. Jones and Tammy Smith.” • Asian – not Oriental (what other terms like this?) • What about the term: “minority?” “Person of color?” • Instead of husband or wife , try “partner.” • Be aware of your own language/body language • Ask before assuming bad intentions

  44. In conclusion . . .

  45. THANK YOU! Questions About: • Discrimination • Disability Accommodations • Sexual Harassment • Affirmative Action CALL the OEO/AA! 801-581-8365

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