Office of Institutional Equity/EEO Preventing Harassment NMSU RESPECTS Office of Institutional Equity/EEO “PREVENTING HARASSMENT in the Academic and /or

Office of Institutional Equity/EEOPreventing Harassment

NMSU RESPECTSOffice of Institutional Equity/EEO

“PREVENTING HARASSMENT in the Academic and /or Workplace

Setting ”


Training etiquette:

Please make sure all cell phone ringers, radios, blackberries and iPhones are turned off when possible

Please keep side conversations to a minimum

Please raise your hand to ask questions or offer comments


OIE/EEO overview:

Review and process EEO-based claims of discrimination and harassment

1. OIE investigates claims of discrimination 2. Presents the facts in a report to the

Provost (or designee) 3. The Provost (or designee) makes the

determination Serve as liaison with EEOC, NM HRB, OCR Initial point of contact for Employee ADA

Petition for Accommodation Ensure implementation of NMSU’s Affirmative

Action Plan Training


OIE/EEO staff:

Gerard R. Nevarez, Executive Director [email protected]

Angela M. Velasco Associate Director [email protected]

Agustin DiazAssociate Director [email protected]

Christina R. GomezAdmin. Asst. Special/[email protected]

Senaida CollinsAdmin. Asst. [email protected]


OIE/EEO contact information:

Mailing AddressNMSU-OIE/EEOP.O. Box 30001, MSC 3515Las Cruces, NM 88003

Physical Address:O’Loughlin House1130 E. University Las Cruces, NM 88003

Internal-Department

MSC 3515

Office Telephone

(575) 646-3635

TDD/TTY

(575) 646-7802

Office Fax

(575) 646-2182

Office Email Address

[email protected]

Website

eeo.nmsu.edu


Objectives:

Recognize forms of EEO-based harassment

Understand what to do if harassment occurs

Knowledge of prevention and corrective measures

Understand NMSU’s harassment policy and complaint procedures


Preventing harassment is an important issue: Against the law and NMSU Policy

Harassment free academic and/or workplace setting

Costs


Federal Laws:

The Civil Rights Act of 1964 – Title VII Prohibits discrimination based on: race, color, religion, sex, and national origin

Americans with Disabilities Act of 1990 (as amended)

Age Discrimination in Employment Act of 1967

Equal Pay Act of 1963

Genetic Information Nondiscrimination Act (GINA) of 2008


Title IX (1972)-Applies to Academic Environment: Enforcement:

US Department of Education, Office for Civil Rights

Prohibits: Sexual misconduct Gender discrimination Sexual harassment Retaliation


State Discrimination Law:

N.M. Human Rights Act (1969)

In addition to the federal protected areas the state covers: sexual orientation, gender identity, ancestry, spousal affiliation, and serious medical condition.


Related NMSU Policies:

2.05.10 – Gender Equity and Title IX Compliance

3.22 – Conflicts of Interest Arising from Consensual Relationships

3.25 –Discrimination, Harassment and Sexual Misconduct on Campus

3.30 – Disability Accommodations

3.99 – Prohibition of Hazing and Hostile Misconduct


Discriminatory practices:

Discrimination in employment decisions

EEO-based harassment

EEO-based retaliation


Who can commit harassment?

Supervisor

Co-workers

Faculty/Staff (including TA’s, RA’s, GA’s, etc.)

Students

Vendors


First type of harassment:

The hostile academic and/or work environment is:

Severe and pervasive behavior that unreasonably interferes with academic or job performance. It creates an offensive or intimidating academic and/or work environment.

Harassment of a person based on his or her sex, race, religion, color, national origin, age, physical or mental disability, sexual orientation, or other protected status is a form of discrimination.


Second type of harassment:

Quid Pro Quo:

“Something for something” – This usually occurs within a supervisor and employee work relationship.

It can also occur within a faculty and student academic and/or work relationship.


What is EEO-based harassment?

For “harassment” to be considered a violation, it must be ALL of the following:

Related to a protected category UnwelcomeOffensive to a reasonable person in the recipient’s position

Severe or pervasive


Examples of EEO-based harassment:

Circulating cartoons or making remarks offensive to persons with disabilities

Taunting individuals of foreign origin

Ethnic or racial slurs and jokes

Age comments such as “you’re as old as dirt”

Religious proselytizing


What is sexual harassment:

Behavior of a sexual nature

That is unwanted or unsolicited


Sexual harassment behavior:

Nonverbal – no words are said, but a sexual message is sent

Verbal – using words to harass

Physical – touching, etc.


Non-verbal example of sexual harassment: Elevator eyes

Blocking a person’s path

Following the person

Unwelcome gifts

Displaying sexually suggestive visuals

Winking, throwing kisses, licking lips

E-mails, internet usage, social media sites


Verbal examples of sexual harassment: Whistling, cat calls

Sexual jokes, stories, or comments

Sexual fantasies, preferences, history

Repeated requests for dates

Kissing sounds, howling, and smacking lips

Compliments

Terms of endearment


Physical examples of sexual harassment: Giving a massage

Touching the person

Hugging, kissing, patting, stroking

Touching oneself/exposure

Brushing up against a person


Other things to think about:

Same-sex harassment

Reasonable person standard

The overly sensitive employee

Personality conflicts

Part of Workplace Ethics

“Knew or should have known”

Vicarious liability


Role of employees/students:

Take advantage of employer’s preventive and corrective opportunities

Inform the person that the behavior is not welcomed

Familiarize yourself with the reporting process


Role of supervisors/faculty:

Take complaints/issues seriously

Take action if appropriate

Do not wait for complaint

Seek assistance when necessary


Filing a complaint: Internal - within 15 working days of the incident

(646-3635) http://eeo.nmsu.edu/discrimination-grievance/

EEOC (federal) – within 300 calendar days of the incident (1-800-669-4000) http://www.eeoc.gov/employees/charge.cfm

NM-HRD (state) – within 300 calendar days of the incident (1-800-566-9471) http://www.dws.state.nm.us/LaborRelations/HumanRights/FilingaComplaintofDiscrimination

OCR (Office for Civil Rights) – within 180 calendar days of the incident (1-800-421-3481) http://www2.ed.gov/about/offices/list/ocr/complaintintro.html



Can confidentiality be guaranteed? Confidentiality cannot be

promised.

The complainant’s identity may need to be revealed to conduct the investigation.

To the extent possible, every effort will be made to safeguard confidentiality, consistent with reporting obligations and the need to investigate promptly and thoroughly.


Summary: The goal is to educate students,

faculty, and/or employees in order to promote and maintain a harassment-free academic and/or work environment

Students and/or employees must immediately report any behavior/incident of harassment

Managers/supervisors/faculty must immediately address and correct any reported or known harassment activity. Notify OIE


A parting thought:

RESPECT

Documents

Office of Institutional Equity/EEO Preventing Harassment NMSU RESPECTS Office of Institutional Equity/EEO “PREVENTING HARASSMENT in the Academic and /or