MnSCU 1B.1Equal Opportunity and

Nondiscrimination Policy

“Respect for yourself, Respect for others

and Responsibility for your actions.”

~ Dalai Lama

MnSCU 1B.1 Nondiscrimination Policy

Harassment and Discrimination are prohibited based on:

• Sex• Color• Religion• National Origin• Marital Status• Status w/regard to public

assistance

• Race• Creed• Age• Disability• Sexual Orientation• Gender Identity• Gender Expression• Membership or activity in a

local commission as defined by law

• Treats someone differently • Based on individual’s protected class status• Interferes with, or limits the ability of a person to participate

in, or benefit from, the services, activities, or privileges provided by the college

• Otherwise adversely affects the person’s employment or educational experience

Discrimination

• Unwelcome verbal or physical conduct directed at another• Because of that individual’s protected class status• That unreasonably interferes with the individual’s

work/academic performance• Sufficiently severe, pervasive or persistent• Purpose of creating a hostile work or educational

environment

Harassment

• No retaliation, reprisal or intimidation in conjunction with a complaint of discrimination/ harassment shall be tolerated by the system office, colleges and universities.

Retaliation

• An employee of Minnesota State Colleges and Universities shall not enter into a consensual relationship with a student or an employee over whom he or she exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence.

Consensual Relationships

Sexual Harassment /Sexual Discrimination

• Federal Law Title VII and IX of the Civil Rights Act

• State Law Minnesota Statutes Section 363.01, et. Seq.

• MnSCU policy 1B.1 Equal Opportunity and Nondiscrimination in Employment and

Education Policy and Procedure

Sexual Harassment/ Discrimination is Prohibited by

• Unwelcome• Different treatment • Interfere

Sexual Harassment/ Discrimination is defined as

• Unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education.

MnSCU Policy Further Defines Sexual Harassment as

• Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions;

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

Conditions of Harassments

• Subjected to unwelcome requests for sexual favors or conduct• Submission to the conduct is a condition of employment,

education, benefit, etc.• The harasser generally has some type of supervisory or power

relationship over the person being harassed

Quid Pro Quo: “This For That”

• The verbal or physical contact was unwelcome• The hostile action must be because of the victim’s gender• It results in an adverse effect on terms and conditions of

employment or education• It is severe and repetitive• It creates an offensive work or educational environment

Hostile Environment

• Regarded as unwelcome and unsolicited• Based on gender (not necessarily sexually motivated)• Deliberate or repeated• Verbal, physical, pictures or objects

Key Elements of Sexual Harassment

• The victim as well as the harasser may be a man or a woman• The victim does not have to be of the opposite sex• The harasser can be the victim’s supervisor, faculty, an agent

of the employer, a supervisor in another area, a co-worker, or a non-employee

• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct

• The harasser’s conduct must be unwelcome

Facts About Sexual Harassment

• Inappropriate touching: holding, grabbing, hugging, patting, fondling, kissing, pinching

• “Accidental” collisions or brushing up against• Physical Assault• Sexual Assault

Physical Forms of Harassment

• Language/posters with sexual innuendo• Offensive graphic jokes• Taunting• Comments and/or questions about a person’s sexual

behavior• Persistent suitor• Comments of a sexual nature• Unwelcome pressure for sexual activity• Request for sexual favors accompanied by threats

(implied or overt) or promises of preferential treatment

Verbal Forms of Harassment

• Unlawful or inappropriate Internet use• Offensive gestures or motions• Leering• Displaying or circulating sexually suggestive cartoons, letters,

or pictures

Non-verbal/Mental/Behavior

• Internal disciplinary action• Civil Lawsuit • Criminal record (5th degree sexual assault for pinching,

touching, etc.)

Possible Consequences To The Harasser

• Any place an employee must be to do their job: Buildings Conferences State vehicles Trainings

• Harassment can also be investigated when it occurs during unpaid breaks (lunch) and at “company” parties (picnics, retirement and holiday parties, etc.).

Workplace Can Include

• Purpose Provide a process for individuals to pursue allegations of

discrimination or harassment. Stop complained of behavior - timely and effective Resolve disputes between parties, if possible Fact finding Sanction individuals for violating MnSCU’s 1B.1 Equal

Opportunity and Nondiscrimination in Employment and Education Policy and Procedure as deemed necessary

MnSCU 1B.1.1 Complaint Procedure

• Encourage to report as soon as possible• Administrators and supervisors must report incidents of

discrimination/harassment• Students, faculty and employees are strongly encouraged to

report incidents of discrimination/harassment

Reporting Discrimination/Harassment

• Information is gathered• Investigative report is written and submitted to a

decisionmaker• Decisionmaker determines if policy has been violated and if it

has, determines appropriate disciplinary action

Investigation

Violations of laws/policies may result in disciplinary action including, but not limited to:

• Suspension• Demotion• Termination• Court/settlement fees

Sanctions

• Harassment is illegal• Harassment won’t be tolerated• Harassment creates personal financial liability, loss of

reputation, possible loss of employment

System Perspective On Harassment

• Establish and maintain an environment free of harassment/discrimination

• Examine your own behavior and lead by example• Identify potential troubling behaviors and attitudes in the

institution• Take appropriate action

Prevention Responsibilities

• The training program is available at: http://www.hr.mnscu.edu/initiative/shp2/SHP2.html

• The program is offered through the Desire2Learn (D2L) system. Information for rolling out this training can be found at: http://www.hr.mnscu.edu/campushrstaff/Sexual_Harassment_Tr.html

Continuing Training

Founders Hall 315651.793.1270

http://www.metrostate.edu/applications/drep/files/Policy_Procedure1B.1.pdf

•Truly Webb,Affirmative Action Officer•651.793.1272

Guadalupe SanchezOffice Manager•651.793.1270

EOD Offi ce

Truly WebbAffirmative Action Officer651.793.1272

Guadalupe SánchezOffice Manager651.793.1270

Thank You.