SEXUAL HARASSMENT

UT Health Science CenterOffice of Equity and Diversity

2008-2009New House Staff Orientation

UT Sexual Harassment Policy (HR0280)

• The University of Tennessee unequivocally opposes the sexual harassment of its employees. Sexual harassment will not be tolerated and will be grounds for disciplinary action.

• The university prohibits any retaliatory action against an employee for opposing an action that he or she believes to be sexual harassment, including the filing of an internal complaint or grievance or a charge with a state or federal civil rights enforcement agency.

• Each unit will provide training for its employees on what constitutes sexual harassment and will provide a procedure to handle complaints of sexual harassment and other complaints of discrimination.

Title VII of the Civil Rights Act of 1964

Includes prohibitions against gender discrimination, and thus harassment as well.

Title IX of the Education Amendments of 1972

Applies to educational institutions receiving federal assistance

Under the statute, institutions and individuals may be liable for sexual harassment claims brought by students.

FEDERAL STATUTES PROHIBITING SEXUAL HARASSMENT

Title VIICIVIL RIGHTS ACT OF 1964

Illegal to discriminate on the basis of:

Race

Sex

Color

Religion

Age

National Origin

EEOC

Equal Employment Opportunity Commission

Government Agency

Enforces Compliance with Title VII

DISCRIMINATION

“To make a difference in treatment or to favor on a basis other than individual merit.”

DEFINITION OF SEXUAL HARASSMENT

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”

2 Audit Points

• 1. Sexual in nature

• 2. Unwelcome

IT’S SEXUAL HARASSMENT WHEN

1. Submission is a term or condition of employment.

2. Reaction to conduct is used as basis for employment decisions.

3. Conduct has purpose or effect of unreasonably interfering with performance or creating intimidating, hostile or offensive environment.

Types of Sexual Harassment

• Quid Pro Quo– Person in authority offers to trade employment

benefit (promotion, work assignment, training, etc) for sexual favors or threatens to withhold benefit if favor is not given

– Ex: “Go out with me and you’ll get the promotion.”

“QUID PRO QUO” SEXUAL HARASSMENT

The most well-defined and least common form

of sexual harassment

Example…

A suggestion by a supervisor or professor that sexual involvement with him/her would improve the employee’s chance for promotion or the student’s chance for a good grade.

Types of Sexual Harassment

• Hostile Environment

-Pattern of continuing unwelcome behavior of a sexual nature that interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment.

-May be complaint of employee who is direct object of the attention, OR complaints of other employees who object to the behavior

“HOSTILE ENVIRONMENT” SEXUAL HARASSMENT

Behaviors that create an environment so offensive, intimidating or hostile that it interferes with a person’s ability to work or a student’s ability to learn or participate in the campus environment.

The vast majority of cases fall into this category.

Examples:

• Repeated derogatory comments of a sexual nature in the classroom

• Repeated unwelcome sexual attention (comments, questions about an individual’s sexuality or sex life)

• Repeated comments by a professor about the professor’s own sex life and desires

• Repeated undesired physical contact

CHARACTERISTICS/DYNAMICS OF SEXUAL HARASSMENT

Usually involves a power differential - Definitely unwanted, unwelcome behavior

Usually repeated behavior - Most harassment goes unreported

Varying numbers of female undergraduates and female faculty members report having experienced sexual harassment

Most individuals who believe they have been harassed simply want it stopped and are disinclined to pursue charges

Many people who offend or harass will stop when told

Certain behaviors would be harassment to some but not others (how would it look to a “reasonable person?”)

Harassers: any age or background; often talented, well-liked

FORMS OF SEXUAL HARASSMENT

Physical Verbal Other

Touching Jokes Pictures, Cartoons, Posters

Grabbing Dates Tee Shirts

Kissing Propositions Coffee Mugs

Hugging Obscene Language

Calendars

Rubbing Sexual Remarks

Sexual

Gestures

IMPACT OF SEXUAL HARASSMENT

• Individual: Psychological, Health

• Organizational: Productivity, Turnover

• Economic: Litigation costs millions annually

POTENTIAL PARTICIPANTS IN A SEXUAL HARASSMENT SITUATION

Professor and professor

Professor and student

Teaching assistant and student

Supervisor and employee

Administrator and faculty member

Administrator and staff member

Staff or administrator and student

Staff member and staff member

Student and student

Faculty and staff

Contractor/customer/client/patient and student/staff/faculty

Other relationships among colleagues, peers and co-workers

Protection applies to all environments affiliated with UTHSC

• UTHSC Clinics• Hospital settings• Private medical

offices• Any area where at

UTHSC resident or student is assigned for placement during your term at UTHSC

• Faculty• All Levels of Staff• Residents• Students• Clinical supervisors• Physicians, Surgeons• Research personnel• Patients and Visitors

What are the Audit Points?

• Unwelcome

• Sexual in nature

WHO DO YOU REPORT IT TO ON THE HSC?

THE OFFICE OF EQUITY AND DIVERSITY920 Madison, Suite 420(901) 448-5558 or 2112

Office of the Dean/Vice Chancellorand/or Campus Police

In Chattanooga, report it to the Associate Dean for Academic Affairs (423) 778-6956 and he will make

sure the appropriate individuals are notified.

ANY QUESTIONS?

Welcome, and thank you for your time and attention.