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Harassment Prevention and Awareness Training - El Camino College, January 15, 2016

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Michael Travis

on 10 November 2016

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Transcript of Harassment Prevention and Awareness Training - El Camino College, January 15, 2016

Sexual Harassment Prevention
and Awareness Training

What is sexual harassment?

What conduct constitutes sexual harassment?

How can I prevent harassment and respond to concerns?

What are the requirements of Title IX?
For Today's Training
Sexual Harassment Prevention and Awareness Training
Literally means, "this for that"

Occurs when submission to unwelcome sexual advances or request for sexual favors is made a condition of employment or receipt of employment opportunities or benefits
Pinning a person to a wall

Blocking a passage

Grabbing, bumping, or pinching



Unsolicited touching or rubbing

Rape

Any other unwelcome physical contact
Leering

Sexual gestures

Displaying pornography/sexually explicit material

Touching or rubbing in a suggestive manner
Give the person immediate attention

Be a good listener

No judgments of the accuser OR the accused

No discussion of pros/cons of reporting
What should you do if someone tells you they feel like they are being harassed?
Ask the person if they know about the Board policy

Assure them that retaliation is prohibited, and punished severely

Make notes: conduct alleged, times and dates, witnesses, other evidence, response to the conduct
Sexual Harassment is a Form of
Unlawful Employment Discrimination
What is Sexual
Harassment?
What Behavior Constitutes
Sexual Harassment?
Initial Contact with Complainant
Physical Conduct
Nonverbal Conduct
"Quid Pro Quo" Harassment
Presented by Michael T. Travis






Unwelcome sexual advances





The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment





Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. (Education Code section 212.5)





Submission to, or rejection of, the conduct by the individual is used as the basis for employment or academic decisions affecting the individual
Types of Sexual Harassment:
1. Quid Pro Quo
2. Hostile Work
Environment
Presented By

Barrett Morris
Director of Diversity, Benefits, and Compliance

Michael T. Travis, Esq.
Parker & Covert LLP

July 11, 2014
Sexual Harassment Prevention Training is Required
Seductive Behavior
-unwanted, inappropriate and offensive sexual advances

Repeated unwanted sexual invitations, insistent requests for dinner, drinks or dates, persistent letters, giving personal gifts, phone calls

Gender Harassment
- generalized sexist statements and behavior about women

Insulting remarks, offensive graffiti, whistling at someone, cat calls, obscene jokes or humor about sex or women in general
Hostile Environment Harassment
Case Study
After four months of employment, plaintiff was fired and sued, asserting among other things that the writers’ use of sexually coarse and vulgar language and conduct, constituted harassment based on sex.
No Hostile Environment. Why?
Not directed at Plaintiff or any other specific female
Lyle v. Warner Brothers Television Productions
(2006) 38 Cal. 4th 264
Lyle v. Warner Brothers Television Productions
(2006) 38 Cal. 4th 264
Sporadic use of abusive language, gender-related jokes, occasional teasing do not constitute a hostile work or educational environment
Unwelcome verbal, physical, or visual conduct of a sexual nature unreasonably interferes with performance or creates intimidating, hostile, or offensive working environment.


Conduct may be an action or a failure to take action
Making sexual comments

Asking personal questions relating to sex or sexual activity
Verbal Conduct
Lyle v. Warner Brothers Television Productions
(2006) 38 Cal. 4th 264
Plaintiff was a comedy writers’ assistant who worked on the production of a popular television show called Friends.

The show revolved around a group of young, sexually active adults, featured adult-oriented sexual humor, and typically relied on sexual and anatomical language, innuendo, wordplay, and physical gestures to convey its humor
The writers regularly discussed their preferences in women and sex in general, including preferences for blonde women, a certain bra cup size, “get[ting] right to sex” and not “mess[ing] around with too much foreplay," and sexually graphic drawings of female anatomy during meetings. None of it was directed at plaintiff.
WHAT RESULT?
Not severe or pervasive

Sexual jokes, innuendos were a part of the workplace
Title IX prohibits any person
from being:

Excluded from participation in,
Denied the benefits of, or
Subjected to discrimination with respect to

Any educational program or activity on the basis of sex/gender.
What is the first thing you should you do if you suspect sexual harassment is occurring?
Physical conduct
Nonverbal conduct
Verbal conduct
Electronic conduct
Abusive conduct
Asking for dates or sexual contact

Telling sexual stories
Electronic Communications and Conduct
E-mail
Text messaging
Social Media
Blogs and websites
Sexual Harassment - Who Must We Monitor?
Faculty and Staff
Colleagues
Contractors
Students
Public
All groups have the right to a work and an educational environment free of harassment
Making a Report
Contact Your Supervisor and Human Resources

(Mandatory)

Contact Campus Police if you need immediate assistance
Do Not Attempt to Conduct Your Own Investigation!
Filing a Harassment Complaint
Sexual Harassment is a form of unlawful discrimination
El Camino College Administrative Procedure 3430 and the Office of Staff and Student Diversity describe the steps and the process

Complaints of discrimination should be made in the Human Resources Department

Forms will also be available online
ALL COMPLAINTS WILL BE INVESTIGATED
Retaliation is Prohibited
All parties involved…accused, witnesses, cautioned against any conduct or statement that could be construed as retaliation against the complainant for filing the complaint.
Complaints alleging retaliation are treated in the same manner as complaints of harassment and discrimination.

Retaliation prohibited under same laws prohibiting harassment and discrimination

QUESTIONS?
What is Title IX?
Example:

Is a football player’s environment severely or pervasively abusive if the coach smacks him on the buttocks as he heads onto the field?

Would the same behavior reasonably be experienced as abusive by the coach’s secretary back at the office?

What can you do if you feel harassed?
Say you do not like it and ask the person to stop.

Tell your supervisor.

If the conduct is repeated it can become a violation and the offender can be advised of this.
Keep a log or diary of the conduct, including dates, times, witnesses, direct quotes, and any documents or photographs.

Please complete your
"Sexual Harassment Prevention Pre-Test"
More Law!
"Abusive Conduct"

AB 2053

Prohibits conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.

Abusive Conduct
Government Code 12950.1(g)(2):
May include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.
Sexual harassment is UNWANTED, UNWELCOME attention directed toward a person’s sexuality or sexual identity


Focus is on impact of the behavior, not the intent

Is This Harassment?
A supervisor implies to an employee that the employee must sleep with him to keep a job
Is This Harassment?
An employee makes one demeaning comment about female students to his coworkers
An employee makes demeaning comments about female students to his coworkers several times a week
(and is there a difference?)
Is This Harassment?
A manager is made uncomfortable by an employee who tells sexually explicit jokes
An employee send out a joke email with sexually explicit language.
Sexual Bribery-
soliciting sexual favor by promise of reward
Promotions, raises, preferential use of equipment, valued assignment, favorable recommendation

Threatened termination.

Threatened or given:
Negative recommendations or references
Negative performance evaluations
Withholding promotions
Disciplinary action

“If you don’t go out on a date with me, I won’t let you go to that conference you want to go to this year.”

If you don’t flirt with me I won’t tell you about important meetings that you need to be at to succeed here.


Sexual Comments or Gestures-
have sexual content or implications

Remarks or questions about sexual life, simulating sexual acts, talking about one’s own sex life, staring, elevator eyes, sexual teasing, sexual jokes

Sexual Imposition
- unwanted touching

Including grabbing, hugging, feeling, kissing, patting, stroking, neck massage or sexual assault
Sexual Harassment is a Form of Unlawful Discrimination
Test:
If you said it in person, would it be offensive?
i.e., check yourself before you wreck yourself
What is the Best Way to Respond to Sexual Harassment?
Summary of Options for Addressing Sexual Harassment
Speak directly to the harasser
Speak to your supervisor and/or Human Resources



File a complaint with a law enforcement,
state, or federal agency
File a formal complaint with Human Resources
Human Resources Department

Jaynie Ishikawa
jcishikawa@elcamino.edu
Extension 3813

Lynn Lindberg
llindberg@elcamino.edu
Extension 3473

Linda Beam
lbeam@elcamino.edu
Extension 3807

Board Policies on Discrimination


http://www.elcamino.edu/administration/board/policies.asp

Dept. of Ed., Office for Civil Rights

http://www2.ed.gov/ocr

Dept. of Fair Employment & Housing (DFEH)

http://www.dfeh.ca.gov
Full transcript