Sexual Harassment: Administrator Responsibilities

1. Sexual Harassment: Administrator Responsibilities Presented by: Jaquie Resnick, Ph.D. Senior Advisor to the Vice President for Student Affairs Director and Professor Emeritus, Counseling Center Box 113250 / 392-1265, Ext. 262 Larry T. Ellis, Ed.S. Director of Administration Director, Office of Institutional Equity & Diversity Human Resource Services Box 115250 / 273-1778

2. Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating hostile or offensive working environment. U.S. Equal Employment Opportunity Commission Definition It is the policy of The University of Florida to provide an educational and working environment for its students, faculty, and staff that is free from sex discrimination and sexual harassment.  In accordance with federal and state law, the University prohibits discrimination on the basis of sex, including sexual harassment. Sex discrimination and sexual harassment will not be tolerated, and individuals who engage in such conduct will be subject to disciplinary action.  The University encourages students, faculty, staff, and visitors to promptly report sex discrimination and sexual harassment. University of Florida Policy

3. It’s the Law! • Title VII of the Civil Rights Act - 1964 • Prohibits sex discrimination in the terms and condition of employment. • Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. • Title IX of the Education Amendments - 1972 • Prohibits sex discrimination – including sexual harassment with regard to educational programs and activities receiving federal funds. • EEOC Federal Guidelines - 1980 – Established criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment. – Defines the circumstances under which an employer may be held liable.

4. Non-Compliance Liabilities • Legal System (Courts, EEOC, FCHR, Etc.) • Supreme Court stated that the employer is responsible for the actions of its employees, even when the employer is unaware of the employee’s behavior (6/26/07). • EEOC awarded $48.4 million in monetary benefits (2010) • Office of Federal Contract Compliance Programs (OFCCP) • Cancel, terminate or suspend federal grants and awards in whole or in part ($600,000,000+). • Declare UF ineligible for further federal grants and awards.

5. University –Wide Complaints 6/05 to 12/10

6. Sexual Harassment Complaints

7. Staff Complaints

8. Student Complaints

9. Complaint Findings

10. Inappropriate Behaviors(Ranked by Frequency) Inappropriate sexual comments, advances, remarks, jokes, and questions. Inappropriate touching, grabbing, pinching, poking, and hugging. Conflict of interest relationships. Sending inappropriate emails or instant messages. Viewing inappropriate websites (pornographic).

11. Investigation Process • Investigators:  Director, Institutional Equity & Diversity  Director, Employee and Labor Relations • Step One  Interview Complainant(s)  Specific Allegation (s)  Name of Respondent(s)  Date(s) of Incident  Documentation  Explain Policy/Process  Witness(es)  Timeline  Confidentiality  Retaliation  Additional Information

12. Investigation Process • Step Two  Notification  Vice President, Human Resource Services  Applicable Vice President, Dean or Designee  Records Review  Historical Case Files & Workforce Administration Records • Step Three  Interview Respondent(s)  Explain Allegation (s)  Representation  Obtain Testimony  Documentation  Explain Policy/Process  Witness(es)  Timeline  Confidentiality  Retaliation  Additional Information

13. Investigation Process • Step Four  Interview Witness(es)  Specific Observations  Other Witnesses  Explain Process  Confidentiality  Retaliation  Additional Information • Step Five  Collection of Facts and Findings  Review Testimonies and Documentation  Examine Forensic Evidence (if applicable)  Tour Incident Location (if needed)

14. Investigation Process • Step Six  Investigatory Report  Findings:  University Policy has been violated  University Policy has not been violated  Inappropriate & unprofessional behavior has occurred  Reviewed by Vice President of HRS and Associate GC  Distributed To:  Hiring Authorities  Complainant(s) and Respondent(s) – Redacted  Investigatory File Maintained in EEO Office • Step Seven  Resolution and Remedy  Hiring Authorities consults with Employee Relations  Possible Employment Action  Verbal Counseling to Termination

15. Frequently Asked Questions • Anonymous Complainants • Due Process • False Complaints • Free Speech & Academic Freedom • Intent vs. Impact • Retaliation

16. Supervisory & Faculty Responsibilities • Must exercise their authority to ensure that their workplace is free of sexual harassment. • Take every complaint seriously and respond promptly to employees expressing concerns. • Set a positive example, and refrain from engaging in such misconduct. • Encourage all employees to take the online “Preventing Sexual Harassment “ Training. • Ensure that employees in your area understand the policy and complaint procedures. • Keep written records. • Promptly report all allegations of sexual harassment to the Office of Institutional Equity & Diversity (even if the alleged victim has requested that no action be taken).

17. Sexual Harassment Compliance Training • All employees of the university (that is anyone who receives a paycheck from the University of Florida) are expected to complete this training and receive University of Florida training compliance certification. • New hires are expected to meet this training compliance requirement within the first 30 days of employment and provide certificate of training completion to appropriate department personnel. • Current employees will be expected to review and complete the online refresher training program every two years. • myUFL > My Self Service > Training and Development > Preventing Sexual Harassment.

18. Questions?