Discrimination Prevention: Title VII/NSHE Policy, ADA, Sexual Harassment and Title IX

1. Discrimination Prevention: Title VII/NSHE Policy, ADA, Sexual Harassment and Title IX Presented by: Denise Cordova, Manager ADA and Title IX Coordinator Equal Opportunity and Title IX

2. Jones Center, Building 043, room 103 775-784-1547 http://www.unr.edu/eotix

3. OFFICE HOURS Office Hours: M thru F, 8AM to 5PM or by appointment We are able to meet with clients before or after work. We will meet with you in our Jones Center offices or at different locations on campus if necessary. An individual filing a complaint of alleged discrimination or sexual harassment may select an independent advisor for assistance, support and advice. This person can be a friend, co-worker, spouse, religious advisor, relative or anyone that would make you more comfortable while making your complaint. Our office can be contacted anonymously.

4. Affirmative Action • As an employer that receives more than $50,000 dollars in federal monies we are required to have an Affirmative Action Program. • This program requires that we have recruiting and outreach goals for underrepresented groups. This is in addition to our yearly AA plan which reflects these goals. • This is required by Executive Order 11246 and is also stated in Title 41, Chapter 60 of the Code of Federal Regulations

5. The Equal Opportunity/Title IX Office • 1. Collaborate with Human Resources, Student Conduct and UNR Police Services • 2. Conduct internal investigations concerning discrimination and/or sexual harassment • 3. Handle inquiries concerning employment discrimination/sexual harassment issues • 4. Conduct training for Faculty, Staff & Students • 5. Reviews policies and procedures • 6. Americans with Disabilities Act (ADA) Compliance • 7. Serve on diversity committees and perform other service activities at the university

6. ADA Compliance • The EO/Title IX Office is also the ADA Compliance Office. • If you have, or develop, a disability whether physical or mental and need accommodation, please contact the EO/Title IX Office. • Service animals are allowed on all UNR campuses for accommodation purposes, unless it endangers the animal.

7. Complaints Process • Every person in our campus community has a right to file a complaint. • Complaints must be filed within 300 days from the date of harm or discovery of the alleged act to be considered timely under UNR policy. • All complaints are taken in confidence, but confidentiality cannot be guaranteed throughout the investigative process. Most complaint investigations are resolved within 45 days; however some cases require additional time. • All Complainants and Respondents are notified in writing of a complaint being filed. All respondents will have the opportunity to answer the allegations filed against them. • All parties will be notified in writing of the findings of the investigation, however, the complainant will not be notified of the disciplinary action taken, if any, against the respondent pursuant to NAC 284.718, which addresses employee confidential records.

8. When it comes to Discrimination and Sexual Harassment, someone else’s perception of an event may differ from our own.

9. NSHE/UNR Policies Against Discrimination • All students, faculty, staff and other members of the campus community, including non-employees and non-students, are subject to these policies (BOR Handbook, Title 4, section 8, pages 1-15 and UNR Administrative Manuel, pages 89-99). • Individuals who violate this policy are subject to discipline, up to and including termination and/or expulsion. • This policy is not intended to and does not infringe upon academic freedom in teaching or research as established in the NSHE Code, Chapter 2.

10. Harassment vs. Unlawful Harassment • Unlawful harassment involves conduct aimed at any legally protected category: Race, Gender, Religion, Color, Nation Origin, Age, Sexual Orientation (in NV), Gender Identity or Expression (in NV), Disability, Veteran Status, and Genetic Information. • Some unpleasant situations may not fall under protected categories, but may still be prohibited under NSHE/UNR Human Resource policies. Example: A supervisor who yells at his or her employees, or uses profane language. This may be unprofessional, but is not unlawful. • Being respectful in the workplace towards co-workers and others is the best way to avoid discriminatory situations.

11. Unlawful Harassment is . . . • Unwelcome • Offensive to the recipient and/or a “reasonable person.” • Severe or pervasive-meaning more than a one time occurrence excluding a battery, rape, physical assault or in cases where there is a pattern of conduct that might seem like a one time occurrence to the victims. • Prohibited under State and Federal Law. • Does not refer to occasional compliments of a socially acceptable nature.

12. Typically, discrimination and/or harassment is not that obvious.

13. Sexual Harassmentand Discriminatory Behavior • Sexual Harassment and Discriminatory Behavior can include: • Touching, Hugging, Patting, Rubbing, Pinching, Getting too close to someone; unwelcome sexual advances. Can be implicit or explicit. • Sexually explicit pictures, cartoons, videos, screensavers, posters, sexual objects/toys, pornographic magazines that are not related to someone’s educational course, study content, syllabus • Anything with sexually explicit language (i.e. t-shirts, music) again not related to academic freedom • Stalking/Indecent Exposure/Flashing • Sexual Coercion / Sexual Assault (Title IX) • Using racial, ethnic or gender slurs/Sexually explicit profanity • Retaliation for Complaining of or rejecting discriminatory treatment or sexual harassment. One’s cultural background and upbringing are not valid defenses to illegal behavior.

14. Consensual Relationship Policy • The University of Nevada, Reno prohibits romantic or sexual relationships in circumstances in which one of the individuals involved is in a position of direct professional power over the other. (Nevada Administrative Code 284.377) • A Consensual Relationship in the workplace could result in complaints of sexual harassment where co-workers feel they are treated unfairly based on the actions of a supervisor or someone in authority who is engaging in a relationship with a co-worker. • Faculty and students or supervisors and supervisees entering into a relationship where no power differential exists should be aware that power differentials may change, and should avoid situations that may become exploitative. • THERE IS NO SUCH THING AS A SECRET OFFICE OR CLASSROOM ROMANCE!!!!

15. Retaliation against an individual who files a complaint, complains of discrimination or sexual harassment or provides information in an investigation concerning discrimination or sexual harassment is a violation of policy and law. Retaliatory acts may include: unwarranted disciplinary action, a reduction in pay, denial of merit, an unfair evaluation rating, an unfair grade, frequent and undesirable changes in the location of an office, a bad work schedule, a dismissal or transfer, isolation of an employee, sabotaging a person’s work product, intimidation, threats. No action should be taken against any employee unless it is for a legitimate business reason. Retaliatory complaints may be filed even if the initial discrimination or sexual harassment complaint is not proven.

16. Discrimination and/or Sexual Harassment can happen to anyone! Discrimination and Sexual Harassment can happen to anyone. Regardless of your race, gender, ethnicity, sexual orientation or age. If you observe discrimination or sexual harassment occurring to others, don’t think it can’t happen to you. Report all incidents of discrimination and sexual harassment to the EO/Title IX Office.

17. Penalties for Discrimination and Sexual Harassment • Discipline, which can result in termination • Loss of Time • Potential loss of Money (Legal Fees) • Embarrassment • Ruined career and reputation • Discrimination and Sexual Harassment complaints can sometimes end up in a court room, a police officers report, the newspaper, or in an attorney’s office. • The penalties are real, so take this seriously.

18. Computer Use • There is no reasonable expectation of privacy on a UNR/NSHE computer. • UNR/NSHE does not monitor computer use. • Computers may be downloaded and checked for engaging in illegal activities and wrongdoing. • Hate Mail • Sexually Explicit Jokes or pictures • Evidence of Stalking or threatening an Individual • Please make sure you are using your computer for appropriate uses.

19. Social Networks / Cell Phones “Friending” coworkers and/or students, faculty Facebook MySpace Skype Linked-in Twitter Texting “Sexting”

20. Supervisor’s Responsibilities If a supervisor receives a complaint of alleged sexual harassment, or observes or becomes aware of conduct that may constitute sexual harassment, the supervisor must immediatelycontact the EO/Title IX Office to forward the complaint, to discuss it and/or to report the action taken. Every supervisor has the responsibility to take reasonable steps that are intended to prevent acts of sexual harassment and discrimination. Failure to take action may be grounds for disciplinary action. These steps include: Monitoring the work and school environment for signs that sexual harassment and discrimination that may be occurring. Refraining from participation in, or encouragement of actions that could be perceived as sexual harassment (verbal or otherwise) or discrimination and stopping any observed acts that may be considered sexual harassment/ discrimination, and taking appropriate steps to intervene, whether or not the involved individuals are within his/her line of supervision. The university has the right to take immediate action to minimize or eliminate the work and/or school contact between the two individuals where there has been a complaint of sexual harassment or discrimination pending investigation.

21. What to do…. If you feel uncomfortable by telling someone their conduct is unwelcome, please report the conduct to the EO/Title IX Office, so we and/or other appropriate individuals may intervene on your behalf. Anyone who feels that they have been subjected to sexual harassment or discrimination by anyone is encouraged – but it is neither necessary nor required -- to promptly tell the person that their conduct is unwelcome and ask that they stop the conduct. Always report all occurrences no matter how insignificant. Any person who receives such a request must immediately stop the behavior or actions and comply with the request. Retaliation against the person rejecting the conduct is prohibited under the policies in place.

22. Other Resources BCN Human Resources Janet Damschen: 784-6978 Janine Nelson: 784-7706 Faculty Human Resources Tim McFarling: 784-8269 School of Medicine Human Resources Feride McAlpine: (702) 671-2210

23. QUESTIONS?