The Intent to Prevent!Harassment

Charlotte StricklandDirector Professional Development & Training, Office of University Training

University of Central Arkansas 2021-2022

Workplace Harassment

What percentage has significant merit?

Experience or Mindset

WHY▪ It’s the right thing to do, affirms UCA values*▪ Avoids harm to victims▪ Reinforces inclusion and respect▪ Fortifies productivity (the bottom line)▪ Fortifies institution reputation ▪ Legal compliance

*UCA Values: Intellectual Excellence, Community, Diversity, Integrity

In the News

Harvey Weinstein pleads not guilty in LA – July 21, 2021

Since 2018 Time's Up: Connected over 4,000 workers to legal support in the aftermath of sexual harassment and assault on the job. Grown legal network to 700+ attorneys. Committed $11 million dollars to over 250 legal cases holding harassers, abusers, and enablers accountable. Bill Cosby

Andrew CuomoNew York Governor

Time’s Up LeaderRobbie KaplanResignation

"In my mind, I've never crossed the line with anyone," Cuomo said during remarks announcing his resignation. "But I didn't realize the extent to which the line has been redrawn."

Austin Melton

Seminar Objectives

▪ To increase knowledge about harassment and reporting procedures

▪ To promote conversations about harassment in an environment open to a variety of perspectives and encourage honest dialogue

▪ To provide guidelines/UCA policy & procedures for sexual harassment, harassment in general, and/or sexual violence

EEOC DefinitionEqual Employment Opportunity Commission

▪ Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act (1964), the Age Discrimination in Employment Act (ADEA, 1967), and the Americans with Disabilities Act (ADA, 1990). Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

▪ Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act . Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly: 1) affects an individual's employment, 2) unreasonably interferes with an individual's work performance, and/or, 3) creates an intimidating, hostile, or offensive work environment.

▪ Sexual Violence is a form of sexual harassment, thus Title IX.

Experience Witness Made Aware

UCA Policy

Sexual Misconduct, including, but not limited to sexual harassment, sexual assault, dating violence, domestic violence, and stalking, by a faculty, staff, student, or a third party who is a participant in a university-sponsored program, event, or activity, is a violation of both state and federal law as well as university policy and will not be tolerated at the University of Central Arkansas.

Other forms of harassment based upon race, religion, national origin, sex or age may have the same impact as sexual harassment. However, pursuant to the Department of Education Regulations for Title IX, these forms of harassment are not investigated or adjudicated using the Title IX Grievance Procedures. If a complaint of harassment is received by the Title IX Coordinator which is determined not to meet the Title IX sexual harassment definition, but alleges other forms of harassment, the complaint will be forwarded as follows: in the event the respondent is a faculty member, the complaint will be forwarded to the Provost; in the event the respondent is a student, the complaint will be forwarded to the Dean of Students; in the event the respondent is staff member, the complaint will be forwarded to the Associate Vice President of Human Resources/Risk Management.

Title IX Sexual Harassment Board Policy #426

Actual Knowledge Standard*CHANGE IN POLICY

• The Federal Rules set an “actual knowledge standard” for institutional response

• Actual knowledge occurs when the Title IX Coordinator or an employee “with the authority to institute corrective measures on behalf of the University” is made aware of an allegation of a violation of the Title IX Sexual Harassment Policy.

• Previously, all employees were mandatory reporters • The move allows more ability for individuals impacted by sexual violence or

discrimination to disclose that to faculty, staff, or an advisor without immediately triggering an investigation that the individual disclosing may not want.

• This works as designed when employees know what resources are available to assist impacted individuals

Actual Knowledge

Title IX Sexual Harassment Policy

Board Policy No. 426 lists the following as those with authority to institute corrective measures:

▪ President, Provost, College Deans, Vice President of Student Services and Institutional Diversity, Vice President of Finance and Administration, Vice President of Advancement, Director of Athletics, Chief Information Office, Chief of Staff, and Title IX Coordinator

(bottom of page 6 of policy)

Arkansas 1093 (1200)

▪ Race – 42.5%

▪ Disability – 33.2%

▪ Sex – 30.5%

▪ Age – 18.7%

▪ Nat’l Origin – 5.2%

▪ Religion – 2.3%

▪ Color - 3.0%

Retaliation – 37.6%

United States 67,448 (72,675)

▪ Disability – 36.1%

▪ Race – 32.7 %

▪ Sex – 31.7%

▪ Age – 21.0 %

▪ Nat’l Origin – 9.5%

▪ Color – 5.3%

▪ Religion – 3.6%

Retaliation – 55.8%

EEOC Charge Receipts 2020Equal Employment Opportunity Commission

• Telling, texting, or e-mailing sexual, racial, or ethnic jokes

• Slurs based on race, religion, or national origin

• Unwanted romantic or sexual attention• Insensitive comments about age,

disability, sexual orientation, etc.• Inappropriate touching or gestures• Unauthorized distribution of sexual

images or recordings

Examples of Harassment

Harassment Factors▪ FREQUENCY/SEVERITY of the discriminatory conduct

▪ ‘REASONABLE’ person▪ UNWELCOME or UNWANTED conduct▪ Conduct unreasonably INTERFERES with an employee’s work performance or student’s academic performance

▪ Conduct based on LEGALLY PROTECTED CATEGORY

Vulnerability Areas❖ Workspace, private vs public spaces, doors, etc.

A student drops by your office to discuss a recent grade. They shut the door as they enter and pull a chair up close to you. Your next step - - -

❖ Work inclusion: work assignments, group projects, social events

Mike wants to award Cindy the grant assignment but it would require them working together regularly & privately – he worries what others will think (or assume)…. He decides to give it to Greg, to be safe. What would you do if you were Mike?

❖ Travel

The graduate students come to your hotel room to visit after the conference session. Jeremy asks you to join them downstairs at the bar, he’d love to buy you a drink. Your next step---

Vulnerability Areas❖ Advising/Mentoring

A student you advise calls you during dinner. They are highly anxious due to covid, their grades, a personal break-up, and now loss of a job. They’d like to meet – if possible that evening over zoom, or in person at Starbucks. You….

❖ Casual conversations

One of your colleagues makes a remark before a departmental meeting about a male GA’S physique. You….

Navigating the gray….. Relationship Circumstances Word Choice

▪ B – Describe the behavior. “When you tell jokes about being old…”, “When you come up behind me and get close, I do not feel comfortable. Please stop.”

▪ E – Share the effect it has on you. “I feel disrespected because I’m the only woman in this department and...” “I am embarrassed when you make those statements and it makes me uncomfortable.”

▪ E – Express what you expect from them. “I don’t mind jokes, but I do mind jokes that are at the expense of others. I would appreciate it if you didn’t tell these jokes.” “I’m surprised to hear that statement from you. I expect more from you as a leader.”

▪ C – Share the consequences. “If the Asian jokes continue, I will have no choice but to tell our supervisor. Please stop.” I find your behavior unprofessional, if it continues, I will make a report.”

Communication Strategy

HARASSMENT ACTION

▪Know the UCA Title IX Sexual Harassment Policy (#426)

▪Respond to the individual▪Record who, what ,where, when, how, witnesses, of incident (s)

▪Report harassment & utilize platforms Behavior Incident Plan (BIP), Diversity/Equity/or Civility Concern (DECC), Title IX, Human Resources

UCA Resources

▪Adam Rose (Title IX) 450-3247▪ Warren Readnour (Counsel)

450-5007▪Britni Elder (HR) 450-5051▪Charlotte Strickland (Training)

450-5470