Sexual Harassment: Administrator Responsibilities

Presented by:

Jaquie Resnick, Ph.D.Senior Advisor to the Vice President for Student Affairs

Director and Professor Emeritus, Counseling CenterBox 113250 / 392-1265, Ext. 262

Larry T. Ellis, Ed.S.Director of Administration

Director, Office of Institutional Equity & DiversityHuman Resource Services

Box 115250 / 273-1778

SEXUAL HARASSMENT

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating hostile or offensive working environment.U.S. Equal Employment Opportunity Commission Definition

It is the policy of The University of Florida to provide an educational and working environment for its students, faculty, and staff that is free from sex discrimination and sexual harassment. In accordance with federal and state law, the University prohibits discrimination on the basis of sex, including sexual harassment. Sex discrimination and sexual harassment will not be tolerated, and individuals who engage in such conduct will be subject to disciplinary action. The University encourages students, faculty, staff, and visitors to promptly report sex discrimination and sexual harassment. University of Florida Policy

IT’S THE LAW!

• Title VII of the Civil Rights Act - 1964– Prohibits sex discrimination in the terms and condition of

employment.– Title VII applies to employers with 15 or more employees,

including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

• Title IX of the Education Amendments - 1972– Prohibits sex discrimination – including sexual harassment with

regard to educational programs and activities receiving federal funds.

• EEOC Federal Guidelines - 1980 – Established criteria for determining when unwelcome conduct

of a sexual nature constitutes sexual harassment. – Defines the circumstances under which an employer may be

held liable.

NON-COMPLIANCE LIABILITIES

• Legal System (Courts, EEOC, FCHR, Etc.)– Supreme Court stated that the employer is responsible for the

actions of its employees, even when the employer is unaware of the employee’s behavior (6/26/07).

– EEOC awarded $48.4 million in monetary benefits (2010)

• Office of Federal Contract Compliance Programs (OFCCP)– Cancel, terminate or suspend federal grants and awards in

whole or in part ($600,000,000+).– Declare UF ineligible for further federal grants and awards.

UNIVERSITY –WIDE COMPLAINTS6/05 to 12/10

SEXUAL HARASSMENT COMPLAINTS

STAFF COMPLAINTS

STUDENT COMPLAINTS

COMPLAINT FINDINGS

INAPPROPRIATE BEHAVIORS

(Ranked by Frequency)

Inappropriate sexual comments, advances, remarks, jokes, and questions.

Inappropriate touching, grabbing, pinching, poking, and hugging.

Conflict of interest relationships.

Sending inappropriate emails or instant messages.

Viewing inappropriate websites (pornographic).

• Investigators: Director, Institutional Equity & Diversity Director, Employee and Labor Relations

• Step One Interview Complainant(s)

Specific Allegation (s) Name of Respondent(s)

Date(s) of Incident Documentation Explain Policy/Process Witness(es)

Timeline Confidentiality Retaliation Additional Information

INVESTIGATION PROCESS

• Step Two Notification

Vice President, Human Resource Services Applicable Vice President, Dean or Designee

Records Review Historical Case Files & Workforce Administration

Records

• Step Three Interview Respondent(s)

Explain Allegation (s) Representation Obtain Testimony Documentation Explain Policy/Process Witness(es)

Timeline Confidentiality Retaliation Additional Information

INVESTIGATION PROCESS

• Step Four Interview Witness(es)

Specific Observations Other Witnesses Explain Process

Confidentiality Retaliation Additional Information

• Step Five Collection of Facts and Findings

Review Testimonies and Documentation Examine Forensic Evidence (if applicable)

Tour Incident Location (if needed)

INVESTIGATION PROCESS

• Step Six Investigatory Report

Findings: University Policy has been violated University Policy has not been violated Inappropriate & unprofessional behavior has

occurred Reviewed by Vice President of HRS and Associate GC Distributed To:

Hiring Authorities Complainant(s) and Respondent(s) – Redacted

Investigatory File Maintained in EEO Office

• Step Seven Resolution and Remedy

Hiring Authorities consults with Employee Relations Possible Employment Action

Verbal Counseling to Termination

INVESTIGATION PROCESS

Frequently Asked Questions

• Anonymous Complainants

• Due Process

• False Complaints

• Free Speech & Academic Freedom

• Intent vs. Impact

• Retaliation

SUPERVISORY & FACULTY

RESPONSIBILITIES• Must exercise their authority to ensure that their workplace is free of

sexual harassment.

• Take every complaint seriously and respond promptly to employees expressing concerns.

• Set a positive example, and refrain from engaging in such misconduct.

• Encourage all employees to take the online “Preventing Sexual Harassment “ Training.

• Ensure that employees in your area understand the policy and complaint procedures.

• Keep written records.

• Promptly report all allegations of sexual harassment to the Office of Institutional Equity & Diversity (even if the alleged victim has requested that no action be taken).

Sexual Harassment Compliance Training

• All employees of the university (that is anyone who receives a paycheck from the University of Florida) are expected to complete this training and receive University of Florida training compliance certification.

• New hires are expected to meet this training compliance requirement within the first 30 days of employment and provide certificate of training completion to appropriate department personnel.

• Current employees will be expected to review and complete the online refresher training program every two years.

• myUFL > My Self Service > Training and Development > Preventing Sexual Harassment.

Questions?