Risk Management Initiative: Equal Opportunity Module

1. Risk Management Initiative: Equal Opportunity Module Office of the Vice President for Ethics and Compliance Office of the Vice President for Human Resources

2. Learning Goal and Objectives

3. Relevant Federal and State Laws • Age Discrimination in Employment Act of 1967 • Americans with Disabilities Act of 1990, as amended • Executive Order 11246, as amended • Equal Pay Act of 1963 • Genetic Information Nondiscrimination Act of 2008 • Immigration Reform and Control Act of 1986 • Indiana Civil Rights Act of 1971 • Pregnancy Discrimination Act • Sections 503 and 504 of the Rehabilitation Act of 1973 • Title VI of the Civil Rights Act of 1964, as amended • Title VII of the Civil Rights Act of 1964, as amended • Title IX of the Education Amendments of 1972 • Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended

4. Nondiscrimination Policy Statement Purdue University prohibits discrimination against any member of the University community on the basis of: Race Color National origin or ancestry Sex Religion Age Disability Genetic information Status as a veteran Marital status Parental status Sexual orientation Gender identity and expression

5. Equal Opportunity Evaluate and treat all persons on the basis of: • Personal abilities • Qualifications • Other relevant characteristics

6. Anti-Harassment • Committed to maintaining an environment that is positive and free from all forms of harassment • Harassment in all forms is unacceptable conduct and will not be tolerated

7. Definition of Harassment Conduct towards another person or identifiable group of persons that has the purpose or effect of: • creating an intimidating or hostile environment; or • unreasonably interfering with or affecting a person’s educational environment, work environment, or participation in a University activity.

8. Examples of Harassment • Offensive or derogatory: • Objects • Cartoons • Posters • Screensavers • Comments • Slurs • Jokes • Stories • Emails • Gestures • Unwelcome touching • Leering • Blocking someone’s movements

9. Stalking • Any knowing or intentional course of conduct involving repeated or continued following, threatening or intimidating another by telephone, mail, electronic communication, social media, in person or any other action, device or method that: • would cause a reasonable person to suffer substantial emotional distress or fear of bodily injury or death and • actually causes such person substantial emotional distress or fear of bodily injury or death

10. Racial Harassment • Conduct that demonstrates hostility towards another person or identifiable group of persons on the basis of: • Race • Color • National originor ancestry

11. Sexual Harassment • Any act of sexual violence • any non-consensual sexual act, including but not limited to rape, sexual assault, sexual battery and sexual coercion. Sexual violence also includes relationship violence. • Any act of sexual exploitation • any act that exploits someone sexually

12. Sexual Harassment • Any unwelcome sexual advance, request for sexual favors, or other written, verbal, or physical conduct of a sexual nature in certain contexts: • Quid pro quo • submission is made a term or condition of employment, education, or participation in a University activity; • submission to, or rejection of, is used as a factor in decisions affecting employment, education, or participation in a University activity; • Hostile environment • such conduct creates an intimidating, offensive, or hostile environment; or • such conduct unreasonably interferes with an individual’s employment or academic performance or participation in a University activity.

13. Title IX • Prohibits discrimination on the basis of sex in any federally funded education program or activity • Obligates the University to: • Eliminate the harassment • Prevent its recurrence • Address its effects

14. Report Title IX Violations

15. Reporting Child Sexual Abuse • Indiana law requires all persons age 18+ to report suspected child abuse or neglect to the police or child protective services • May also report to Contact Person • Responsible for reporting • Does not relieve individual of obligation to report • Failure to report is a Class B misdemeanor • Reports may be made anonymously at www.purdue.edu/hotline or 1-866-818-2620

16. Policy on Amorous Relationships Definition: • Romantic or sexual in nature • Mutual and consensual • Not married or in domestic partnership Purdue prohibits amorous relationships between a: • Student and any Purdue employee who has educational responsibility over the student • Supervisor and subordinate where there is a supervisory or evaluative relationship

17. Amorous Relationships • Disparity of power • Consent by the student/subordinate becomes suspect • Susceptible to exploitation • Effect on others • Perceived favoritism • Others think they have to do the same • Hostile environment • Must report to department or unit head • Remove evaluative or supervisory relationship • Violations subject to discipline

18. Resolving Complaints of Discrimination and Harassment • Report to Contact Persons: • Department Heads and Supervisors • Office of Institutional Equity (OIE) (IPFW, West Lafayette & North Central) • Office of Equity and Diversity (Calumet) • Human Resources • Dean of Students • Graduate School • Applies to faculty, staff, students, participants and guests • Confidentiality • Right/Duty to act in absence of complaint

19. What is the Informal Resolution Process?

20. Conclusion of Informal Resolution Process The complainant may decide to stop further action • The parties may come to a resolution: • apology • education • reprimand • other intervention Initiation of the Formal Resolution Process

21. Formal Resolution Process

22. Sanctions • Determined on case-by-case basis • Student • Warning • Probation • Probated Suspension • Expulsion • Employee • Reprimand • Suspension or leave of absence without pay • Reassignment • Demotion • Denial of merit pay increase • Termination • Enhancement for bias motivated behavior or administration of “rape drug”

23. Retaliation Prohibited Individuals are protected against retaliation for: • Reporting or complaining of discrimination or harassment • Assisting or participating in an investigation • Enforcing university policies

24. Summary Your responsibility: Know and comply with the University’s policies and procedures Treat all members of the University with dignity and respect to foster a community free from discrimination and harassment

25. Conclusion • Risk Management Employment Claims Initiative • If you have any questions regarding this training please contact vpeceducation@purdue.edu. • NOTE: In order to obtain credit for this training, you must take the RMI Module 1 certification quiz in WebCert.