SEXUAL HARASSMENT UT Health Science Center Office of Equity and Diversity 2008-2009 New House Staff Orientation
Dec 25, 2015
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.