Sexual Harassment:Understanding Your Rights and Responsibilities

Welcome

Welcome to South Puget Sound Community College’s web-based training on

"Sexual Harassment: Understanding Your Rights and Responsibilities."

Objectives

Define sexual harassment

Identify a variety of behaviors that could result in sexual or work place harassment

Recognize ways to minimize risks

Describe the college’s policies and procedures regarding sexual harassment

SPSCC's Policy on Sexual Harassment

This training is for all college employees.

The college’s policy is to help everyone understand and comply with the policy prohibiting sexual harassment.

As a starting point, you will need to review The college’s Policy on Sexual Harassment.

Basic FactsHere are some basic facts about

sexual harassment:

Anyone — faculty, staff, administrator or student — can be a victim of sexual harassment, and anybody can be a harasser.

Sexual harassment victims can be male or female, and so can their harassers. A man can sexually harass another man, and a woman can sexually harass another woman.

In the workplace, conduct would be considered sexual harassment if it's unwelcome, based on a person's sex, and interferes with that person's ability to do his or her job.

In an educational setting, it's pretty much the same, except that the sexual harassment would interfere with the student's ability to get an education.

What is Harassment ? Harassment falls into three groups

1. Verbal - which includes words said, written or inappropriate sound2. Physical - include hitting, pushing, blocking someone's way or

inappropriate touching 3. Visual - include calendars, pictures, and inappropriate objects that can

be clearly seen

Harassment is behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person wants to exert power or control over another person.

Harassment may be intentional with a person targeted personally, or it may be unintentional. What matters is how the person receiving the behavior perceives it to be.

What is Sexual Harassment? The Equal Employment Opportunity Commission's

definition of sexual harassment in the workplace:

Unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature constitute sexual harassment when: Submission is made either explicitly or implicitly a term or condition of

the victim's employment; or

Submission to (or rejection of) the conduct is used as a basis for employment decisions affecting that individual; or

The conduct has the purpose or effect of unreasonably interfering with the victim's work performance or creates an intimidating, hostile or offensive working environment.

These concepts and standards also apply to students in an educational setting, and we'll try to make their meaning more clear as we go along.

Types Of Sexual Harassment

There are two basic types of unlawful sexual harassment:

Quid Pro Quo Sexual Harassment

Hostile environment sexual harassment

Both involve unwelcome conduct of a sexual or gender-related nature.

Quid Pro Quo Sexual Harassment Quid pro quo is a Latin term that means “this for that"

or an exchange of one thing for another. In the workplace, quid pro quo sexual harassment

essentially means requesting or demanding sexual favors of some kind in exchange for special treatment on the job.

Or it could mean the threat of poor treatment if the victim will not consent to sexual favors. The "sexual conduct" may be verbal, visual or physical, and the "requesting" may be done either openly or may be implied.

But, in any case, it must be unwelcome.

Quid Pro Quo Sexual Harassment For students, quid pro quo harassment occurs if a

college employee directly or indirectly requires a student to submit to sexual conduct: 1) in order to participate in a college class,

program or activity, or 2) uses it as the basis for an educational decision,

such as a good grade or a reference.

Quid Pro Quo Sexual Harassment

For both employee and for students, the harassment is unlawful. It is not necessary for the victim to say “no” as a

victim may give in and say “yes” to advances for fear of being harmed in some way.

Or a victim may object and then be harmed in some way.

Either way, it is still considered sexual harassment.

Examples of Quid Pro Quo Sexual Harassment:

A supervisor lets a subordinate know that he/she will be laid off unless he/she gives in to the supervisor's invitations to activities outside of work.

A supervisor suggests that he/she can help a subordinate get a promotion if the subordinate gives in to the supervisor's advances.

A professor implies that if a student engages in sexual activity with him or her, the student will get a better grade.

Hostile Environment Harassment

In the workplace, hostile environment sexual harassment takes place when speech or conduct of a sexual nature is so severe, persistent or pervasive that it interferes with an employee’s work performance, or creates an intimidating, hostile, or offensive working environment.

Hostile Environment Harassment

For students, this type of sexual harassment occurs when a college student's or employee's speech or conduct is sexual in nature and is so severe, persistent or pervasive that it limits a student's ability to participate in or benefit from an educational activity or program, or creates a hostile or abusive educational environment.

Hostile Environment Harassment

Hostile environment harassment may also include intimidating or harassing conduct of a non-sexual nature that is directed at an individual (or group of individuals) because of his/her/their gender.

Examples Hostile Environment Harassment

Talking about sex or making remarks about another person’s sexual activity (i.e., dating, sexual activity or preferences)

Telling or posting sexually suggestive jokes, cartoons or pictures

Unnecessary and/or inappropriate touching Sexual remarks about a person’s clothing or body Caressing, patting, pinching or giving back rubs or shoulder

“massages”

Using demeaning or inappropriate terms; e.g., "Honey" or "Sweetie“

Making sexually suggestive gestures

Test Your Understanding Bob supervises a staff of ten people. He holds required staff meetings every Thursday. For the past six months, Jake has reserved the first ten minutes of each staff meeting for what he calls a "morale builder," during which the staff exchanges the latest jokes. The jokes are almost always of a sexual nature.

Tom is a member of Jake's staff. He never participates in the "morale builders" and generally avoids them by arriving ten minutes late to staff meetings. Jake calls Tom into his office. He tells Tom that his habit of arriving late is unacceptable and warns him that he will receive a written reprimand the next time he is late. Tom tells Jake that the reason he arrives late is because he finds the dirty joke sessions offensive. Jake just repeats his warning.

True or False: This is an example of both Quid pro Quo and hostile environment sexual harassment.

Answer: True

This could be an example of both quid pro quo and hostile environment sexual harassment.

Jake is essentially requiring Tom to cooperate with him in conducting inappropriate joke sessions and has threatened him with an adverse action (the letter of reprimand) if he doesn't cooperate. Such conduct may be considered quid pro quo sexual harassment.

It could also be an example of hostile environment sexual harassment because the joke sessions have occurred regularly over a period of six months, they are offensive to Tom, and they interfere with his attendance at required meeting.

What Is Meant By "Unwelcome"?

Behavior should be considered "unwelcome" if the recipient indicates that the conduct is not wanted or that she/he finds it offensive. It may also be considered “unwelcome” when the recipient does not initiate the behavior but does not openly object or complain. The fact that the victim has not objected or complained does not necessarily mean the conduct is welcome.

On the other hand, if the recipient actively participates in sexual banter without giving any indication she/he finds it offensive, it will probably be considered welcome. But even where this may be happening, keep in mind that some people may feel they have to "go along to get along" and, whether they say so or not, find it objectionable.

Some sexual comments and/or advances are so blatant and crude as to be inherently offensive: these will almost always be deemed unwelcome.

Perception Over IntentionThe victim’s perception vs. the harasser’s intent.

Sexual harassment claims are generally analyzed from the perspective of whether a “reasonable person” would find the conduct to be offensive.

A single remark or joke will typically not result in a find of sexual harassment. However, if you are in doubt about whether a joke or remark is appropriate, don’t say it!

Too frequently defendants say “I did not intend to offend the victim…” but remember the law weighs the impact on the victim greater than your intent, so you must maintain the highest level of conduct at work.

The Harasser's Intent Is Irrelevant

It doesn't matter whether the alleged harasser intended to harass the victim. The conduct is evaluated from the victim's perspective. Some offenders may be completely unaware of how their actions are being perceived.

For example, where the victim is female, courts apply a "reasonable woman standard," asking whether a reasonable woman would have found the conduct in question so severe and pervasive that it created a hostile environment.

Test Your UnderstandingKerry worked as an admissions technician. During her initial training, she met Sterling, another trainee. Soon after, Sterling began to pester Kerry with unnecessary questions, hang around her desk, and pressure her to have lunch with him alone. She consistently refused. Then he started asking her to have drinks with him after work. Each time, Kerry put him off. One day, Sterling handed her a note that said, "I cried over you last night and I'm totally drained today. I have never been in such turmoil." Kerry was shocked and frightened. She left the room, but Sterling followed, saying, "I really care for you, Kerry. Please talk to me!" Kerry called in sick the rest of that week.

That weekend, Sterling stuck a romantic card with a three-page letter in Kerry's home mailbox. One part of the letter said: "I really care for you and know that you are worth knowing with or without sex. I have enjoyed you so much over these past few months. Watching you, experiencing you from oh so far away. I'll write again soon." Kerry became frantic and filed a grievance alleging sexual harassment.

True or False: Sterling's actions do not constitute sexual harassment because he really cares for Kerry and wants a relationship even if it doesn't include sex.

Answer

False

Sterling's conduct is hostile environment sexual harassment even though he may have good intentions. A reasonable woman would consider his conduct severe and pervasive enough to interfere with Kerry's job performance and create an hostile environment.

When Does An Environment Become Hostile?

To be hostile environment sexual harassment, not only must the conduct be unwelcome, it must also meet two other requirements:

• The victim must have been personally offended by the conduct; and

• The conduct must have been so severe, persistent and/or pervasive that a reasonable person in that situation would have found it offensive.

Factors Considered Relevant to whether an Environment is Hostile

The frequency and severity of the unwelcome conduct

Whether the conduct was physically threatening or humiliating, or limited to offensive words

Whether the conduct unreasonably interfered with the victim's work or academic performance The effect on the victim's physical and mental well-being

In employment, whether the harasser was the victim's supervisor

Test Your Understanding "Staring Stanley"

Stanley has a crush on his co-worker, Lisa. He asks her for dates several times, but she always says no. The last time Stanley asks, she tells him she isn't interested and wants him to stop asking her out. Although he stops asking her out, he starts watching her all the time. He stares at her when she's at her desk. He stares at her when she walks around the office. He seems to watch her every move. When she catches him staring at her (and sometimes checking out her body), he doesn't bother to look away — he just keeps looking. This goes on for months.

Is this an example of hostile environment sexual harassment?

Answer:Yes.

Asking someone out a few times probably would not constitute a hostile environment. But after Lisa made it clear that she didn't return Stanley's affections, he should have stopped altogether instead of switching to something many would consider even more offensive.

Repeated staring at someone can be both threatening and humiliating and could interfere with the victim's ability to do her job or to participate in school. While staring is not as severe as actual touching, the frequency of the conduct weighs in favor of finding a hostile environment.

Test Your Understanding

"Touchy Tom"

Tom is a college employee. His department has a new student assistant, Suzi, who is an attractive, vivacious student. Tom shows interest in her, but Suzi doesn't seem interested in him. One evening when Tom is working late on a project, Suzi stops by after an evening class to pick up some papers she left at her desk. As she walks by, he stands up and grabs her, tries to kiss her, and when she protests and attempts to get away, he fondles her and says, "Come on, you know you want me." Suzi escapes his grasp, runs away, and is so upset that she never returns to work in the department.

Is this an example of hostile environment sexual harassment?

Answer

Yes.

Tom's grabbing and groping of Suzi most likely would be considered as having created a hostile environment for her. While it only happened once, and could not be considered frequent, the severity of Tom's physical assault on Suzi would be viewed as severe.

What to Do if You Believe You Are Being or Have Been Sexually Harassed DON'T just take it. Tell someone! DO make a complaint. The college will take it seriously. If you're afraid, take a

friend, co-worker, or teacher with you. Complaints involving sexual harassment by employees should be directed to

the Chief Human Resources Officer Complaints involving sexual harassment by students should be directed to the

Vice President for Student Services The college will investigate your complaint and take prompt, effective action

to correct the problem. The college will not make your complaint public, but will have to tell some

people about it in order to investigate and take appropriate corrective action. The only people who will know about your complaint are those who need to know about it to get these things accomplished.

You may also file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and the Washington State Human Rights Commission.

The college will not allow anyone to retaliate against you for filing a complaint and will take action against anyone who does.

Additional Resources

Sexual Harassment: It’s not Academic,” an online article published by the Office for Civil Rights can be found at http://www.ed.gov/about/offices/list/ocr/docs/ocrshpam.html

The Equal Employment Opportunity Commission has a "Questions And Answers" sheet on Federal Laws Prohibiting Job Discrimination http://www.eeoc.gov/facts/qanda.html

Mastery Test To complete this training please download and complete

the Mastery Test. It will be kept in your personnel file in the HR office.

Submit the completed test and the signed statement of understanding to the

Human Resource Office Building 28

Congratulations!

You have successfully completed the SPSCC on-line sexual harassment training!

Thank you~