Gender Discrimination and Sexual Harassment Awareness

2014

Agenda

What is gender discrimination?

What is sexual harassment?

Why it is important to prevent gender

discrimination?

OSU policy

Responsibilities of OSU employees

Retaliation

What is Gender Discrimination?

Gender discrimination includes all forms of sex discrimination, including sexual harassment and sexual violence by employees, students or third parties against employees, students or third parties.

Sex discrimination also includes unequal pay based on gender, discrimination on the basis of pregnancy, unequal distribution of athletic funds, and unequal admissions and financial aid practices.

Title VI of the Civil Rights Act of 1964 mandated that:

“No person in the United States, shall on the ground

of race, color or national origin, be excluded from

participation in, be denied the benefits of, or be

Subjected to discrimination any program or activity receiving federal funds.”

Title VII of the Civil Rights Act of 1964 (42 U.SC. Sec. 2000e-(a))

Prohibits discrimination in the terms, conditions or privileges of employment on the basis of an employee’s sex, race, ethnicity or religion

Title IX of the Education Amendment s of 1972

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

What is Sexual Harassment?

Unwelcome sexual advances

Requests for sexual favors

Other verbal or physical conduct of a sexual nature that affects an individuals’ employment, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment

Two Forms of Sexual Harassment Quid Pro Quo

This for that or something for something Hostile work environment

Quid Pro Quo

Employment decisions/expectations are based on employee’s submission to or rejection of sexual advances, requests for sexual favors, or other behavior of a sexual nature

Employment decisions/expectations-hiring, promotion, salary increase, shift or work assignments, performance standards, etc.

Examples

Employer offers the employee a promotion in exchange for a sexual favor

Making work assignments conditional upon the sexual request

Threatening to terminate the employee if they do not participate

Employer uses position as leverage in order to intimidate the worker into complying with the request.

Hostile Work Environment

Speech or conduct that is severe and/or pervasive enough to create an abusive or hostile work environment

Created by a boss or coworker whose discriminatory actions, communication or behavior make doing your job impossible

Examples

Unwanted jokes, gestures, offensive

words on clothing, and unwelcome comments

Touching and any other bodily contact such as scratching or patting a coworker’s back, grabbing an employee around the waist, or interfering with an employee’s ability to move

Repeated requests for dates that are turned down or unwanted flirting

Displaying sexually suggestive objects, pictures, or posters

Playing sexually suggestive music

How Can I Tell if I Have Crossed the Line?

Comfort Zones

People have different confront zones for different relationships, different environments; and different circumstances.

Degree of Offensiveness

Offensive

“You really fill out that outfit”

Possibly Offensive

“You look great in that outfit”

Almost Never Offensive

“What a beautiful suit”

Who Can Be Involved in Sexual Harassment

Employees at all levels, customers, members of the same sex

Those who are targeted-victims, bystanders and, in some cases, witnesses who are affected by the harassment

Consensual Relationships

No OSU policy prohibiting

Relationships the parties view as consensual may appear to others to be exploitative

May create conflicts of interest

1 in 5 (@ 22million) women are raped in their lifetime

98 % of perpetrators are male

College students are particularly vulnerable

Campus assailants are often serial offenders

Rape reporting rates are low

1 in 71 (@1.6 million) men are raped in their lifetime

1 in 5 college females are sexually assaulted while attending school.

Most victims know their perpetrator

President established a White House Task Force To Protect Students From Sexual Assault

The White House Council on Women and Girls

Rape and Sexual Assault:A Renewed Call To Action

Sexual Harassment is unwelcome conduct of a sexual nature that includes, but is not limited to:

sexual violence; sexual advances; requests for sexual favors; indecent exposure; and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive

When a hostile environment is created…

Sexual Harassment and Title IX

Among students reporting harassment:

39% were in dorm or student housing

37% were outside on campus grounds

24% were in common areas of campus

20% were in classrooms

27% were “somewhere else”

12% were unsure where they were harassed

Sexual Harassment can occur anywhere on or off campus

Why It Is Important to PreventGender Discrimination?

Sexual harassment harms us all

Most important part of University values is to ensure all

people are treated with respect and dignity

Engaging in, condoning, or not reporting sexual

harassment are in direct conflict with University values

Complies with Title VII and Title IX Obligations

All OSU officials in supervisory relationships with employees or students are charged with the responsibility of responding immediately and appropriately to correct any situations which creates a hostile working or educational environment within an administrative unit under their supervision

In the context of harassment of a student by another student or third parties, a school has notice if a responsible employee knew, or in the exercise of reasonable care, should have known about the sexual harassment or violence

A reasonable employee includes any employee who:

Has the authority to take action to redress the harassment,

Has the duty to report harassment or other type of misconduct to appropriate officials, OR

Is someone a student could reasonably believe has this authority or responsibility

Who is responsible for addressing harassment?

Notice equals a duty of immediate Title

IX- based prompt and effective action to

eliminate harassment, prevent its

recurrence, and remedy its effects.

Notice can be second hand or by third

party

NOTICE

Institutional Obligations Under Title IX

INVESTIGATE

PREVENT

REMEDY

SEXUAL HARASSMENT

Gender Discrimination / Sexual Harassment Policy & Title IX Grievance Procedure

Policy Policy 1-0702

Sexual harassment is prohibited in the workplace

Provides fair employment practices and ethical standards

Victims and/or witnesses encouraged to report instances of

sexual harassment

Supervisors are obligated to take action to prevent and stop

behavior.

Also obligated to report to Human Resources and/or Equal

Opportunity Officer/Title IX Coordinator

Each member of the campus community

is responsible for preventing sexual

harassment and ensuring that the work

and academic environments are harassment-free. Become informed about sexual harassment. Evaluate your own behavior to ensure that you are not engaging in sexual harassment. Just because you believe your behavior, actions or language is appropriate, does not mean others think it is appropriate.

What is Retaliation Adverse action taken against an employee because he/she

complained of harassment or discrimination

Demotion Discipline Termination Salary reduction Change in job duties

Summary

Oklahoma State University is committed to maintaining a work and academic atmosphere which is free of intimidation, fear and coercion.

Sexual harassment is defined as:

• Unwelcomed sexual advances

• Requests for sexual favors

• Any behaviors of a sexual nature where:

Submission to such conduct is a term or condition of an individual’s employment or participation in a university-sponsored educational program or activity

Submission to or rejection of such conduct is used as the basis for academic or employment success

Such conduct creates an intimidating, hostile or offensive environment

Summary Sexual Harassment is a prevalent problem in university

communities. Three out of five students have encountered some form of Sexual Harassment/Misconduct while in college

Sexual Harassment is demeaning, offensive and illegal. It is not tolerated at Oklahoma State University

Retaliation is illegal and a violation of OSU policy.

Sexual Harassment can occur anywhere on or off campus

Both male and female students can be victims of sexual harassment

Summary

Faculty/staff members, students, alumni and even visitors have the potential to be victims and facilitators of sexual harassment/misconduct

Individuals should address incidents promptly by either confronting the offender or forwarding the incident to one of the following OSU official who will address the issue:

The Director of Equal Opportunity/Title IX Coordinator, Dr. Rosalyn Green, can be reached at 408 Whitehurst, 405-744-9153

The Student Conduct Officer, Aleigha Mariot, can be reached at 326 student Union Building, 405-744-5470