Sexual Harassment

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Discrimination and Sexual Harassment Lets End
It!
Created by Brianne Rogers and Maggie Webber
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Cathy DehlinGeneral Counsel/Equal Opportunity
Officer

• Equal Opportunity Office job duties
• Facilitate an equal opportunity environment
• Educate the NMU community about their rights and
  responsibilities relating to non-discrimination
  and non-harassment
• Handle civil rights and sexual harassment
  complaints
• 502 Cohodas
• 227-2420
• cdehlin_at_nmu.edu

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Why is this information important to students?

• Knowledge and understanding of
• Definitions
• Policies
• Inappropriate behavior
• How to avoid problems
• Empowerment
• Know what to do and how to respond if you
  encounter discrimination or harassment of any
  kind

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What is discrimination?

• It is discriminating due to an individuals

• Race
• Color
• Religion
• Sex
• National origin
• Sexual orientation

• Age
• Height
• Weight
• Marital status
• Familial status
• Handicap/disability
• Veteran status

and engaging in negative behavior or partiality.
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What does sex discrimination include?

• Gender discrimination could include
• Males or females
• By males or females
• Males against males
• Females against females
• Pregnancy discrimination (including childbirth or
  related medical condition)

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What does sexual orientation discrimination
include?

• Sexual orientation discrimination includes
• Lesbian
• Gay
• Bisexual
• Transgender
• Heterosexual
• Not covered under federal or state law but, due
  to its importance has an adverse impact on the
  university community and is covered under NMU
  policy

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What does NMUs Non-Discrimination Policy say?

• Northern Michigan University does not allow
  unlawful discrimination on any basis
• In employment or the provision of services, and
  provides, upon request, reasonable accommodation
  including auxiliary aids and services necessary
  to afford individuals with disabilities an equal
  opportunity to participate in all programs and
  activities

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Where is the Non-Discrimination Policy found?

• Student Handbook, Section 3.1
• Located under students rights and
  responsibilities

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Civil Rights Grievance Policy

• What does it say?
• Students, faculty and staff with concerns about
  potential discrimination may seek resolution
  through NMUs Civil Rights Grievance Policy
• Where is it found?
• Student Handbook 3.1

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Civil Rights Grievance Policy

• What is the procedure for complaints?
• Complaints against students that do not involve
  NMU employment Dean of Students Office under
  Student Code provisions
• Complaints by faculty and staff concerning other
  employees (including student employees) Equal
  Opportunity Office

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What are some examples of discrimination or
harassment?

• Being treated unfairly based on race, sex,
  national origin, etc
• In class
• At work
• In a club or recreational setting
• Among a group of friends
• Being verbally or physically abused because of
  personal characteristics
• Called hurtful names/slang
• Negative messages written or published
• Singled-out and taunted, push or shoved

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How common are discrimination claims?

• FY 2005 Data Number of total charges
• Race 26,740 charges (35.5)
• Sex 23,094 charges (30.6)
• Retaliation 22,278 charges (29.5)
• Age 16,585 charges (22)
• Disability 14,893 charges (19.7)
• National Origin 8,035 charges (10.7)
• Religion 2,340 charges (3.1)
• Equal Pay 970 charges (1.3)
• Equal Employment Opportunity Commission (EEOC)
• (The number for total charges reflects the number
  of individual charge filings. An individual may
  have filed multiple types of discrimination.)

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What is unintended discrimination?

• You may not mean to discriminate, but
• Have subtle, unconscious biases that you are not
  aware of
• Can be hurtful even if no harm intended
• Examples of unintended discrimination in
• Inappropriate slang Thats so jew
• Stereotyping
• Racial or biased jokes

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How does intended or unintended discrimination
hurt someone?

• It can make a person feel
• Not whole, less of a person
• Decreases self-esteem
• Increases self-doubt
• Makes the person feel used
• Angry takes away energy that should be used for
  school, relationships, etc.

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How can we stop unintended discrimination?

• Develop an awareness of possible unintentional
  types of discrimination
• Consider whether you are comfortable or
  uncomfortable around those unlike yourself.

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Stop unintended discrimination - continued

• If so, here are some options of things you can
  do
• Expand personal set of tools to increase
  understanding of those who are different from you
• Expand efforts beyond your own comfort zone
• Develop sensitivity to diversity issues
• Educate yourself
• Sample some of the resources on campus
  Multicultural Educational and Resource Center,
  professors, and relevant readings

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What is harassment?

• Harassment in NMUs Student Handbook (2.2.17) is
  defined as
• Verbal, physical, or written behavior that
  intimidates individuals or groups on any basis
• Involving an expressed or implied threat to
  personal safety and/or has the effect of
  interfering with an individuals participation in
  the curricular or extracurricular activities of
  the University
• Penalty Not less than disciplinary probation
  not more than expulsion

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What is sexual harassment?

• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal or visual communication or physical
  conduct of sexual nature when obtaining
• Employment
• Public accommodations
• Public services, education, or housing

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Sexual harassment vs. assault

• Sexual assault is defined as
• Physical sexual contact without consent
• Emotionally and physically damaging
• Criminal offense
• Policy in NMUs Student Handbook (3.14)

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Reporting sexual assault

• Victims can contact
• Public Safety
• 911 for Emergencies or 227-2151 100 Services
  Building
• Office of the Dean of Students
• 227-1700 2001 Hedgcock
• The Health Center
• 227-2355 ground floor of Gries Hall
• Counseling Center
• 227-2981 3405 Hedgcock
• Residence Hall Staff

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What are the procedures?

• Public Safety
• Case officer investigates the incident
• Through prosecution and/or the University
  judicial system action
• Dean of Students Office
• Provide information on options to pursue a charge
  
• Investigation by Public Safety
• Initiates the appropriate judicial proceedings

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Procedures - continued

• Health Center
• Provide an examination/ treatment
• Provide information regarding venereal diseases,
  pregnancy, and referrals to other appropriate
  support services
• Counseling Consultation Services will
• Help explore options in regards to reporting the
  assault, and assist in evaluating and deciding
  what action, if any, to pursue
• Offer counseling to facilitate healing and coping
  with the emotional aftermath
• Educate about the stages/steps of recovery to
  demystify the process
• Provide consultation to significant others,
  friends, and family that may be effected
• Honor decisions made and maintain absolute
  confidentiality (within legal limits, i.e. danger
  of death, or abuse of a minor or elder)

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Procedures - continued

• Residence Hall Staff
• Provide immediate emotional support
• Provide information regarding services available
  and help to obtain those services

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What is the Sexual Harassment Policy?

• Found in Student Handbook (3.16)
• Policy Statement
• Sexual harassment of any member of the university
  community by another member is inconsistent with
  the universitys desire to create the best
  possible living, learning, and work environment,
  and is therefore prohibited

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What is the Consensual Relations Policy?

• Sexual relationships between faculty/staff and
  their students or supervisors and their
  subordinates run the risk for later allegations,
  exploitation, and are ill-advised
• Members of the university community are expected
  to be aware of their professional
  responsibilities and avoid apparent or actual
  conflict of interest, favoritism, or bias. When a
  sexual relationship exists, effective steps
  should be taken to ensure unbiased evaluation or
  supervision

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Third-party harassment

• Harassment in a university program by an
  individual who is not a university member
• Report the harassment to
• The program administrator
• The Equal Opportunity Office

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How can you take action?

• Informal complaints
• Report the incident to the harassers unit
  administrator
• Report to the dean or division leader if the
  harasser is the unit administrator
• Or to Equal Opportunity or Human Resources office

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Taking action - continued

• Formal complaints
• Submit a written complaint within 10 days of the
  decision on the informal complaint to the Equal
  Opportunity Office.
• A written complaint consists of
• Description of the incident
• Date and time of the incident
• Why the victim is unsatisfied with the results of
  the informal process
• Remedies previously sought

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Taking action - continued

• False complaints
• Disciplinary action, including discharge or
  expulsion
• Confidentiality
• The right to confidentiality, both of the victim
  and the accused, will be respected. The
  university has a legal obligation to investigate
  the incident and take corrective action

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What are examples of sexual harassment or
inappropriate behavior?

• Sexual jokes (written or verbal)
• Sexual comments, being flashed, mooned, or called
  sexual names
• Deliberate touching not related to the work,
  service or education being conducted
• Pressure or demands for a date or sexual activity
  by a person in authority
• Repeated requests for a date or sexual activity
  which are declined
• Pictorial or actual displays of obscenity

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What is the difference between flirting sexual
harassment?

• Harassment
• Unwanted, power-motivated, illegal
• Can make the receiver feel bad, sad, degraded,
  ugly, powerless
• Can result in negative self-esteem

• Flirting
• Wanted, equality-motivated, legal
• Can make the receiver feel good, happy,
  flattered, attractive, in control
• Can result in positive self-esteem

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Where do you draw the line?

• Blatant violations?
• Unwelcome behavior?
• Inappropriate behavior?

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How common is sexual harassment?

• Nearly two-thirds of college students experience
  some type of sexual harassment
• Harassment occurs student-to-student,
  faculty/staff-to-student, and male and female
  harassers

• Source AAUW Educational Foundation, Drawing the
  Line Sexual Harassment on Campus, 2005

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What are students saying?

• 59 of college students studied said they
  harassed because they thought it was funny
• 32 of college student studied responded I
  thought the person liked it
• 30 of college students studied responded Its
  just a part of school life/ a lot of people do
  it/ its no big deal

• Source Drawing the Line Sexual Harassment on
  Campus AAUW Publication

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What are students saying?

• Sexual harassment made me feel
• Upset and embarrassed
• Female 2nd year
• Belittled, alone, uncomfortable
• - Female, 5th year
• Annoyed, frustrated, embarrassed, violated
• Male, 4th year
• Bad at first but you learn to laugh it off
• - Male, 5th year

• Source Drawing the Line Sexual Harassment on
  Campus AAUW Publication

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How can you avoid hurting others?

• Consider
• Does everyone think this is funny?
• Perception vs. Intent
• Legal standard is not a general civility standard
  so lets raise the bar
• If in doubt, dont!

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Conclusion How can you stop discrimination and
harassment?

• Respect
• Yourself
• Others
• Northern Michigan University
• To make this an even better place to learn and
  work and
• Develop into a higher-functioning institution

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Stop discrimination - continued

• Observe and abide by NMUs student handbook,
  policies, as well as state and federal laws
• Report and assist in investigations, there is no
  retaliation
• When in doubt call or e-mail me!
• We take all allegations seriously

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Stop discrimination - continued

• We need everyones help to draw the line and stop
  any possible discrimination or harassment here at
  NMU

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Conclusion

• Contact any of these offices
• Dean of Students Office, 227-1700
• Equal Opportunity Office, 227-2420
• NMU Public Safety, 227-2151
• Housing and Resident Life, 227-2620
• Counseling and Consultation Services, 227-2981
• Questions, comments or concerns?