College of Agriculture and Natural Resources Faculty and Staff Maryland Cooperative Extension and...

College of Agriculture and Natural Resources

Faculty and StaffMaryland Cooperative Extension

andMaryland Agriculture Experiment Station

Presented byRoger Candelaria J.D., Campus Compliance OfficerRetired, Major Paul Dillon, Department of Public Safety

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Our goal is to offer you tools and concepts

To enhance your work environment

To minimize your risk of liability

To know where danger lurks

To know what resources are available to you

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As front-line staff we need to know How to define or recognize sexual

harassment and related crimes How sexual harassment affects

people The university’s policies and

procedures Where to get help How to prevent and confront sexual

harassment

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What is Sexual Harassment?

Sexually oriented or gender based behavior that is Unwelcome Unwanted and or Uninvited by the recipient It can be verbal Non-verbal or Physical

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“Sexual Harassment” defined

“Sexual harassment” is defined consistent with the legal definition of civil and criminal laws of Maryland and the United States.

It carries the penalty of personal and institutional liability.

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Definition is applied from “the perspective of a reasonable person within the College Park Campus community”

Rules of common sense and reason shall prevail.

General Principles Prevention Fairness Confidentiality

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UMCP policy defines sexual harassment as:

unwelcome sexual advances; or unwelcome requests for sexual favors;

and other behavior of a sexual nature where submission to such conduct is

made either explicitly or implicitly a term or condition of an individual’s employment or participation in a University sponsored educational program or activity;

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DEFINITION … continued Submission to or rejection of such conduct by an

individual is used as the basis for academic or employment decisions affecting that individual; or

Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance, or of creating an intimidating, hostile, or offensive educational or working environment.

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Sexual Harassment and Criminal Law

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Crimes

For these offenses punishments may go beyond loss of job to include fines and jail.

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Related Crimes and Penalties Harassment - (Criminal)1. Course of conduct with intent to harass.2. Person has been requested to stop.3. No legal purpose for the contact.

Punishable by 90 days in jail and a $500 fine.

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Crimes and penalties cont…. 4th Degree Sexual Offense1. Sexual contact with another person.2. Without the consent.3. Touching of another that would be reasonably believed to

be sexual in nature, i.e. touching buttocks, breasts, kissing, etc…

Punishable by 1 year in jail and a $1,000 fine!

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Crimes and Penalties cont… 3rd Degree Sexual Offense1. Sexual contact with another without the consent.2. While using any kind of dangerous object or weapon.3. Threatening or placing the victim in fear.4. Committing the crime while aided by another.

Punishable by up to 10 years in jail!!!

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Crimes and Penalties cont… 2nd Degree Sexual offense1. Engaging in a sexual act with another.2. By force or threat of force.3. Without the consent.

A felony punishable by 20 years in jail!

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Crimes and Penalties cont… 1st degree sexual offense1. Engaging in a sexual act with another.2. Using force or threat of force.3. Without the consent.4. While displaying a dangerous weapon.5. Committed by more than one person.

Punishable by life in prison.

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Crimes and Penalties cont…. Rape in the 2nd degree1. Engaging in sexual intercourse with another.2. By force or threat of force.3. Without the Consent.

2nd degree punishable by 20 years.

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Crimes and Penalties cont…. Rape in the 1st degree1. Engaging in sexual intercourse.2. By force or threat of force.3. Displaying a dangerous weapon.4. Aided by another person.

1st degree punishable by life in prison.

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University of Maryland Sexual Harassment Policy

University of Maryland Sexual Harassment Policy is about the working and learning environment For personal, social, intellectual and

professional development Free of intimidation, fear, coercion and

reprisal

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Questions, Comments, Examples

Do you have any questions? or Comments? or Share your examples

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What do you see???

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Dan and Sharon both work for dining services. She works in the kitchen and he works on the serving line, but they often see each other during the day. They’ve slowly become friends. Lately, Sharon’s questions about Dan’s weekends have become very personal and, just in the last few weeks, sexual. She’s described some of her weekend sexual activities and, last week, asked him what sexual activities he does and doesn’t like.

Scenarios 1. A supervisor’s responsibility

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A supervisor’s responsibility cont’d He told her it was none of her business,

but she asked him the same questions yesterday. You are Dan’s Supervisor. He comes to you for advice, but stresses that he doesn’t want to get her in trouble, and begs you not to say anything to her.

What do you do?

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2. The unsolicited e-mail You are an off-campus employee. You receive by

email at your University address an unsolicited but humorous satire of an ad for a product sold for penis enlargement. It appears from the header that the email came from a co-employee (of higher rank) and of your same gender and was sent to you and one other employee given to blabbing everything around the office. You know of yet another employee who would really get a laugh out of the “ad”.

What do you do?

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Wilson y Jéssica Wilson molesta.

Como si fuera chiste, dice a Jessica que “ella es caliente.”

asi cada día el le menciona que ella es caliente o la mira cuando ella trabaja.

Esto le fastidia a ella.

Lucy Lucy works in an office and for a month

the mail carrier David keeps putting Victoria Secret catalogs in her mail box with certain pages earmarked. One day she tells him it is inappropriate and never to put a catalog in her mailbox again. David ignores her and continues to place the catalogs in her mailbox.

Is this sexual harassment? Is this a violation of law? If so, what law?

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3. The shady professor and his mentee Cassandra is a part time student in Bioscience. Her mentor, Dr. Hamilton, a renowned

expert in the field, has been extremely supportive of her studies and has spent countless hours discussing it with her. Lately, he has invited her to his home for their meetings. He has a reputation as a lady’s man, but she always felt comfortable around him and never questioned his intentions. She has gone to his home for three meetings. The first two times it seemed fine, but when she arrived for her third meeting, he poured her a glass of wine and led her by the hand to his study.

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The shady professor….con’dShe tried pulling her hand away but he just held it tighter. When they got to his study he let go of her hand, smiled flirtatiously and proceeded to as her about her classes. She felt extremely uncomfortable and found she couldn’t focus on the discussion. She left feeling upset and confused. She doesn’t want to say anything to him for fear that maybe she misinterpreted his behavior or that he might get angry and stop giving her the same intellectual support she’s been getting from him. You are another faculty member in Extension and Cassandra come to you for advice.

Tim and Tina Jim and Tina work in a small office mostly

alone. One day Jim approaches Tina from behind, says “I need a hug” and puts his arms around her. While hugging her he also fondles her breasts.

Is this sexual harassment? Is this a crime? If so, what crime?

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4. The Lonely Dean

Janice has been the secretary for Dr. Clark, Dean of the College of X, for two years. Dr. Clark has been at the university for 21 years and is instrumental in the University receiving a $5-million annual grant from private industry. Three months ago he became widowed. Shortly thereafter, Dr. Clark began inviting Janice to go to lunch. Janice has joined him, partly because she doesn’t want to appear unsociable, and partly because she feels Dr. Clark may feel lonely after the recent death of his wife. Very recently, however, Dr. Clark has been brushing up against Janice in the office when there appeared to be sufficient room to go around her without touching her. Yesterday Dr. Clark invited Janice to his Virginia Beach home for the weekend so that, “I can get to know you better.”

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Wait, there’s more!

Dr. Clark then said to Janice, “The better I know you, the better your chances of advancement in the office.”

Sexual Relationships, Ethics, Courting Professional Calamity Context of “educational or employment

supervision”

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Power differential + Sex → Likely to result in:

favoritism, resentment, rumor, distraction, loss of respect, loss of professional standing, family, job and home embarrassment,

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How to confront: your word is law Say “NO”, “STOP” clearly and firmly Say “NO” with a letter Say “NO” through your supervisor or

equity administrator Say “NO” through your Compliance Officer

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While at work, Annie frequently makes or receives calls to and from her friends. Her conversations are audible and generously sprinkled with sexually explicit language. Her co-workers in nearby cubicles cannot help but overhear her conversations. Can Annie's behavior be interpreted as sexually harassing, even though she is not addressing her

language directly toward her co-workers?

5. Annie’s bluetooth

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Formal Complaint - multiple options: call for assistance

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Formal Complaints

Formal complaints are determined by a formal investigation.

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Filing a Complaint

Informal: Flexible process Where to file? College or Department Equity Administrator Campus Compliance Officer or the Legal Affairs Office vs.

Formal Campus Compliance Officer Legal Affairs Office

So what happens at the end? Sanctions when warranted

Range from a reprimand or counseling to

Termination (Firing)

Expulsion

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Four steps – document each one1. Give complainant policy2. Find out his or her concerns about policy/process3. Discuss with CCO or Legal Affairs

What to expect: Discussion of facts of the case known to date Considerations of the various options Assistance in choosing best resources and referrals Help in formulating a plan for handling the case Your questions addressed

4. Follow up with complainant

Who may handle informal complaints? “It depends.” The policy says that it may be

1. the supervisor or 2. College or department equity administrator3. similar University official with administrative

authority over the person accused or4. Campus Compliance Officer or 5. office of Legal Affairs

The Campus Compliance Officer or Office of Legal Affairs determines in each case who is the proper person to handle an informal complaint.

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Supervisor’s Responsibility If you receive an “alert” – what to do

Do something “reasonable” Make the phone call

What’s the risk if you do nothing? (or act “with deliberate indifference”?)

Personal and University Liability

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To your success!! Roger Candelaria J.D., Campus Compliance Officer Retired, Major Paul Dillon, Department of Public

Safety

Thank you and have a great year!