UO Supplement to Preventing Workplace Harassment

1. UO Supplement to Preventing Workplace Harassment To Access this course, enter today’s date. Forward through the pages using the “next” button at the bottom of the page. Comprehension exercises are distributed throughout the course. The following slide will provide the correct answer, with explanation. You must complete all pages in the course. Fill out the form on the last slide and hit the “submit” button. Please print and refer to the UO Guide to the United Educators “Preventing Harassment in the Workplace”, [hyperlink], as indicated. Discrimination Free Workplace: A Shared Responsibility

2. UO Specific SupplementTable of Contents • UO Policy on Prohibited Discrimination and UO Employee Duty to Report (slides 4-21) • Why reporting is important • What to report – definitions of terms • Overview • Practice scenarios • Duty to Report Challenges – Supporting a Student or Employee (slides 22-29) • Managing the conversation about reporting obligation • Model language for course syllabi and other communications • Prohibited Discrimination – Unique Circumstances (slides 30-44) • Off-campus activities • Social media • Practice scenarios • Romantic Relationships with Students (slides 45-63) • UO policy • NCAA model policy • Practice scenarios • UO Grievance Processes (slides 64-70) • Contacts and Resources (slides 71-73)

3. UO Specific SupplementPreventing Workplace Harassment Objectives of the UO Specific Supplement • Clarify UO employees’ DUTY TO REPORT information regarding prohibited discrimination, discriminatory harassment and sexual harassment.* * Referred to as “discrimination” or “prohibited discrimination and sexual harassment” throughout this module. 2. Help employees recognize when discrimination, is occurring. • Identify UO policy and related grievance processes. • Increase awareness of the UO policy regarding sexual and romantic relationships between employees and the students they oversee to clarify the potential for such relationships to raise issues of unlawful discrimination.

4. Prohibited Discrimination and Sexual HarassmentUO Employee Duty to Report UO Policy states: “University employees with credible evidence that any form of prohibited discrimination* is occurring have the responsibility to inform their supervisors or the Office of Affirmative Action.” *UO policy prohibits discrimination and harassment consistent with applicable state and federal law. Please refer to UO Guide to United Educators “Preventing Harassment in the Workplace” for specific information.

5. Prohibited Discrimination – Why Is Reporting Important? Prohibited discrimination and sexual harassment interfere with learning and productive work, create potential legal liability, and negatively impact the university’s reputation. Prohibited discrimination and sexual harassment harm: • members of our community who are directly or indirectly affected by such behavior, and • the institution.

6. Prohibited Discrimination – Why Is Reporting Important? • The University continues to receive reports of prohibited discrimination and sexual harassment, despite long-standing informational efforts. • Reported concerns have involved behavior by employees at all levels, including graduate teaching fellows, and students. • There has been a significant increase in the number of reported incidents of student-on-student sexual violence, due in part to greater coordination among UO offices. • Studies have shown that 20-25% of female students and 6% of male students experience an attempted or completed sexual assault while in college.

7. Duty to Report “Credible Evidence”What Does That Mean? Credible evidence about discrimination is: • Information of the sort you would rely on in making important personal or business decisions that leads you to believe that a student, employee or visitor to the University is being negatively impacted by the behavior of others, AND • The behavior appears to be based on or related to personal characteristics that are protected under the law.

8. Duty to ReportWhen Prohibited Discrimination “Is Occurring” Information regarding prohibited discrimination or sexual harassment must be reported when the behavior: • Is currently occurring, OR • Occurred recently and is just now coming to your attention, OR • Occurred while anyone involved was affiliated with the University of Oregon, even though it is just now coming to your attention

9. University of Oregon PolicyProhibited Discrimination Sexual harassment is a form of discrimination on the basis of sex. Sexual harassment includes all forms of sexual violence, including • Sexual assault • Partner or dating violence • Gender-based stalking and bullying All UO employees with credible evidence that sexual harassment, including any form of sexual violence, is occurring or has recently occurred have a duty to report that information to their supervisor or to the OAAEO, regardless of how the information was obtained.

10. Prohibited Discrimination Employee Duty to Report Overview

11. Duty to Report – In Practice It isn’t always easy to recognize the duty to report in the moment when information first becomes known. Behaviors that raise issues of possible discrimination include, but are not limited to: • Behaviors that belittle or demean groups of individuals based on race, religion, age, disability or any other protected status; • Behaviors that treat members of a protected group differently and less favorably than others; • Unwelcome attention of a sexual nature, whether verbal or physical. The following scenarios, all of them drawn from actual situations reported at the University of Oregon, provide an opportunity to think about the kinds of issues that you may encounter.

12. Scenario 1: Student workgroup In a male dominated field, Katie complains that in one of her classes students are expected to work in groups but she has found that she is unwelcome in the male-dominated workgroups. She finds that her contributions are frequently dismissed by other members of the group but positively received when the same contributions are later presented by a male student. ****************************************** Does the reported behavior raise issues that require reporting under UO policy? Yes □ No □ Maybe □

13. Duty to Report Scenarios Scenario 1: Student workgroup discussion Yes, this behavior raises an issue of possible discrimination on the basis of sex that must be reported. If the report was from a non-traditional age student, or a student wearing a hijab or other headscarf, the behavior would raise an issue of possible discrimination on the basis of age, religion or national origin.

14. Scenario 2: A friendly swat on the butt You observe on-the-job behavior between two employees in which George playfully swats the butt of his co-worker with a file folder. The co-worker laughs, but in a way that just seems “off”. You don’t know whether the behavior was welcome of not. *************************************** Does this behavior raise issues that require reporting under UO policy? Yes □ No □ Maybe □

15. Duty to Report Scenarios Scenario 2: Friendly swat on the butt discussion Yes, this behavior raises issues of possible sexual harassment, regardless of the sex of the two co-workers. This behavior would also require reporting under the Clery Act. For more information, see: http://police.uoregon.edu/content/definitions-clery-crimes

16. Scenario 3: Office hours You learn that a junior colleague has begun holding office hours at a local coffee shop outside of regular work hours. You are aware that some students are uncomfortable attending office hours at that location and other students are beginning to question what is going on between the faculty member and students observed at the coffee shop. *************************************** Does this reported behavior raise any issues that require reporting under UO policy? Yes □ No □ Maybe □

17. Duty to Report Scenarios Scenario 3: Office hours discussion No. Holding office hours outside of traditional times and locations does not, byitself, raise issues of discrimination or harassment. The behavior must be reported under UO policy if: • the location/time of office hours is different for some students, based on protected status, or • the nature of the behavior during office hours raises issues of protected status or harassment. However, if some students, as a result of their discomfort, avoid taking advantage of office hours, they are being deprived of the full academic benefits of the class. That is problematic for the student, the faculty member and the department, and should be addressed

18. Scenario 4: Personal cards and gifts A male staff member complains that a co-worker has been leaving him cards with personal messages and small gifts. He is not interested in having a personal relationship with the co-worker and has asked the co-worker to stop, but the behavior has continued. The unwanted attention is causing others in the workplace to speculate about his relationship with the co-worker. ****************************************** Does the reported behavior raise issues that require reporting under UO policy? Yes □ No □ Maybe □

19. Duty to Report Scenarios Scenario 4: Personal cards and gifts discussion Yes, where the behavior is unwelcome, the co-worker has asked that it stop, and it is raising questions about a personal or romantic relationship, the behavior raises an issue of possible sexual harassment that must be reported under UO policy.

20. Scenario 5: Sexual assault A student enrolled in your class (or working in your office) confides that she was sexually assaulted by another UO student. The reporting student insists she just needed to share the information with someone, and does not want you to do anything further. *************************************** Does this reported behavior raise issues that require reporting under UO policy? Yes □ No □ Maybe □

21. Duty to Report Scenarios Scenario 5: Sexual assault discussion Yes, the incident must be reported under UO policy.

22. Duty to Report ChallengesSupporting a Student or Employee The duty to report can feel uncomfortable, especially when a student or employee wants to share information in confidence. You might hear: “Something happened to me that I need to share with someone. I don’t want you to do anything; I just want someone to know. Please don’t tell anyone.”

23. Duty to Report ChallengesSupporting a Student or Employee You can: • Be understanding – listen carefully, acknowledge and don’t minimize the student’s experience. • Direct the student to offices that can help and offer greater confidentiality than you can. (UO Counseling and Testing Center or UO Health Center) • Assure the student that you will not tell anyone you don’t have to. • Make students aware in advance that you are a mandatory reporter and must report credible evidence of discrimination. You can put this information on your class syllabus, petition form or application, and on your door or electronic notice board.

24. Duty to Report ChallengesSupporting a Student or Employee You cannot: • Promise confidentiality. You must, if discrimination, harassment, or sexual violence are revealed: • Report the information to your supervisor or the Office of Affirmative Action and Equal Opportunity.

25. Duty to Report ChallengesSupporting a Student or Employee While you need to conduct thediscussion in your own words, here are suggestions for framing the conversation: • Be welcoming • I’m glad you came to me. I’ll do what I can to help. • Be transparent • Before you share any details, I need to tell you that, as a University employee, I’m a mandatory reporter. That means that even though I would like to just listen, I can’t promise you confidentiality. If what you share involves discrimination, harassment or sexual violence of any kind, I have to report it.

26. Duty to Report ChallengesSupporting a Student or Employee Suggested language, cont’d. • Suggest resources • The Health Center and the Counseling and Testing Center have a greater ability to work with you confidentially, and I can help you arrange an appointment. • Encourage efforts to get assistance • Whatever is on your mind, I encourage you to share it so that someone can assist you. The University takes seriously its responsibility to protect its students. • Confirm student or employee wants to talk • Do you feel comfortable speaking to me, knowing that I might have a duty to report? • Check on student’s or employee’s well-being • Before you leave, I want to make sure you are alright.

27. Duty to Report ChallengesSupporting a Student or Employee For additional assistance or coaching with these conversations, contact: • Office of Affirmative Action and Equal Opportunity at 346-3123, or • Office of the Dean of Students at 346-2216

28. Duty to ReportBe Transparent in Notice to Students Including language on course syllabi, notice boards, petitions, applications and other documents that advises students of UO employees’ duty to report will make students aware that providing certain information may trigger a report and follow up by the University.

29. Duty to ReportBe Transparent in Notice to Students Suggested language for syllabi, notice boards and other documents: I support Title IX and have a duty to report relevant information. The UO is committed to providing an environment free of all forms of prohibited discrimination and sexual harassment, including sexual assault, domestic and dating violence and gender-based stalking. Any UO employee who becomes aware that such behavior is occurring has a duty to report that information to their supervisor or the Office of Affirmative Action and Equal Opportunity The University Health Center and University Counseling and Testing Center can provide assistance and have a greater ability to work confidentially with students.

30. Prohibited Discrimination and Duty to ReportApply to All University Activities Many university sponsored programs and activities such as study abroad, service learning programs, student organization activities and club sports take place at non-campus locations. The University’s policy regarding prohibited discrimination and UO employees’ duty to report still apply.

31. Prohibited Discrimination/Duty to Report Off-Campus University Sponsored Activities UO employees who plan and lead off-campus activities should take the following steps: • Advise students involved in such programs and activities about relevant policies, including the UO policy prohibiting discrimination and sexual harassment. • Inform students how to report incidents of possible discrimination or sexual harassment, including the option to report via email or other electronic communication. • Ensure that UO personnel involved with the activities understand they are required to report information regarding discrimination.

32. Prohibited Discrimination/Duty to Report Off-Campus University Sponsored Activities Important steps in preparing for off-campus activities (cont’d): • Volunteers are not specifically required by UO policy to report evidence of discrimination. However, those who oversee programs with volunteers should establish a culture within their programs in which issues of possible discrimination or sexual harassment are regularly reported so they can be addressed, minimizing the potential negative impact on the program or activity.

33. Prohibited Discrimination and Duty to ReportApply to Social Media Harassment, regardless of the motivation and whether or not it is related to protected status, can cause serious physical and emotional harm. Communication, whether oral or in writing and in any form of electronic media*, that disparages, ridicules, or physically threatens a person based on any form of protected status may constitute discriminatory harassment under UO policy. ** *Texts, tweets, Snap Chat, YouTube, and any other forms of social media transmitting the written or spoken word. **Harassment should be addressed, whether or not it raises issues of discrimination.

34. Prohibited Discrimination and Duty to ReportApply to Social Media • Behavior via social media that takes place in the UO workplace or learning environment is subject to the UOpolicy regarding prohibited discrimination and sexual harassment in the same manner as other forms of workplace or learning environment behavior. • Communication via social media, even when that communication takes place outside of the UO workplace or learning environment, can be subject to the UO policy regarding prohibited discrimination and sexual harassment, particularly where the communication impacts the workplace or learning environment.

35. Prohibited Discrimination and Duty to ReportApply to Social Media • If you become aware of behavior on social media that leads you to have credible evidence that prohibited discrimination that involves the university is occurring, you have a duty to report that information, just as you do any other credible information that prohibited discrimination or sexual harassment are occurring.

36. Social Media and Off-Campus ActivitiesDuty to Report in Practice While off-campus activities and social media are unique circumstances, an employee’s duty to report when there is credible evidence of possible discrimination remains the same. Behaviors that raise issues of possible discrimination include, but are not limited to: • Behaviors that belittle or demean groups of individuals based on race, religion, age, disability or any other protected status, regardless of the form of the behavior; • Behaviors that treat members of a protected group differently and less favorably than others; • Unwelcome attention of a sexual nature, whether verbal or physical. The following scenarios provide an opportunity to think about issues that may arise with respect to social media and off-campus activities.

37. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 1: Facebook harassment An employee believes that he was overlooked for promotion because of his disability and files a grievance against his supervisor. Other employees learn about his grievance and start writing nasty messages on Facebook, calling him demeaning names based on his disability. Does this reported behavior raise issues that require reporting under UO policy: □ Yes □ No □ Maybe

38. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 1:Facebook harassment discussion Yes, the reported behavior raises an issue of discrimination on the basis of disability. Even if the message board is public, if we know that the board is being accessed at work and know employees are posting inappropriate messages, we would have a duty to take steps to stop the harassment.

39. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 2:Cell phone pornography An employee uses his personal cell phone to show pornographic pictures to a co-worker at the worksite, during break. Does this reported behavior raise issues that require reporting under UO policy: □ Yes □ No □ Maybe

40. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 2: Cell phone pornography discussion Yes, the fact the employee used a personal cell phone to display pornographic pictures at the worksite has the same impact as posting hard copy pictures in the workplace, and would be addressed no differently than posting hard copy pictures.

41. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 3:Off-campus taunting You hear that while traveling to a football game at another campus, members of the band engaged in behavior that involved taunting the other schools’ cheerleaders. Does this reported behavior raise issues that require reporting under UO policy: □ Yes □ No □ Maybe

42. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 3: Off-campus taunting Maybe. Whether or not the behavior must be reported under UO policy depends on whether the band members were: 1) taunting select members of the cheerleading squad, based on protected status, or 2) taunting all members of the squad regardless of protected status, and 3) whether the nature of the taunting raised issues of protected status. Even if the behavior did not constitute prohibited discrimination, it is inappropriate and should be addressed.

43. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 4:Travel abroad sexual violence You learn that a UO student enrolled in a program at an international site has reported that she was sexually assaulted. Does this reported behavior raise issues that requires reporting under UO policy? □ Yes □ No □ Maybe

44. Social Media and Off-Campus ActivitiesPractice Scenarios Scenario 4: Travel abroad sexual violence discussion Yes, the behavior must be reported under UO policy. The university may have limited authority to address the offending behavior. However, the university has a responsibility to do whatever it can to address the situation and provide support and resources to the affected student.

45. Conflicts of Interest and Abuses of Power: Sexual and Romantic Relationships with Students UO policy: No faculty or staff member should initiate or acquiesce in/agree to a sexual or romantic relationship with a student who is supervised or evaluated by the faculty or staff member. Why? Such a relationship is inherently unequal given the power difference involved. It can involve a conflict of interest, an abuse of power, compromised judgment and impaired objectivity. When relationships are unequal, the concept of “mutual consent” becomes questionable.

46. Conflicts of Interest and Abuses of Power: Sexual and Romantic Relationships with Students In matters between faculty or staff members and students over whom they have evaluative authority, it is the responsibility of the faculty or staff member -- the party with greater power -- to maintain appropriate professional boundaries. Professional boundaries are those that: • Establish limits that allow for safe and comfortable connections between faculty/staff members and the students in their classes or workplaces. • Are friendly and supportive, but not over-involved. • Don’t ask or require thatpersonal information be shared unless it is relevant to the classroom or workplace. • Remain focused on professional responsibilities to the student, whether in the classroom or the workplace.

47. Conflicts of Interest and Abuses of Power: Sexual and Romantic Relationships with Students If a faculty/staff member becomes romantically involved with a student over whom the faculty/staff member has evaluative authority, the faculty/staff member has a duty to: • report the relationship to his/her department head or the OAAEO, and • make prompt, appropriate arrangements to mitigate the apparent or actual conflict of interest.

48. Conflicts of Interest and Abuses of Power: Sexual and Romantic Relationships with Students Given the significant power differential, relationships between faculty/staff and students can lead to complex, unexpected and problematic outcomes, whether or not an evaluative or supervisory relationship exists. Outcomes can include: • questions about whether a relationships is consensual, and • possible claims of discrimination on the basis of sex, including sexual harassment.

49. Conflicts of Interest and Abuses of Power: Sexual and Romantic Relationships with Students Although unintended, there is a high potential for such relationships to interfere with the ability of students to pursue their educational and work goals. • The involved student may become sufficiently distracted to have the relationship interfere with his/her academic work. • Other students or workers who are aware of the relationship may become uncomfortable or perceive they are being treated unfairly, potentially isolating the involved student and interfering with the educational opportunity of all affected students.

50. Conflicts of Interest and Abuses of Power: Sexual and Romantic Relationships with Students Consequences of sexual or romantic relationships with students, whether intended or not, that negatively impact a student’s ability to fully participate and enjoy the benefits of his/her educational program raise the possibility of a violation of Title IX of the Education Amendments of 1972. Title IX requires that no person, on the basis of sex, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.