Discrimination Sexual Misconduct The ADA Help!

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