Harassment and Discrimination Prevention, Complaint Handling and Conflict Resolution

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Harassment and Discrimination Prevention,
Complaint Handling and Conflict Resolution
Maggie Sloane Associate Director, Compliance and Conflict Resolution [phone]  msloane_at_vt.edu   Office for Equal Opportunity 336 Burruss Hall 0216 Blacksburg, VA  24061 [phone]  Main Office [phone]  Text Telephone [phone]  FAX www.oeo.vt.edu
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Topics

• Policy overview
• Introduction to conflict resolution
• Handling discrimination or harassment situations
• Minimizing perceptions of harassment or
  discrimination
• Training opportunities, including online resources

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VT Anti-Discrimination and Harassment Prevention
Policy
Mutual respect core value in Principles of Community. VT prohibits discrimination or harassment on protected characteristics Mutual respect core value in Principles of Community. VT prohibits discrimination or harassment on protected characteristics
age color disability gender (inc. pregnancy) national origin political affiliation race religion sexual orientation veteran status
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VT Anti-Discrimination and Harassment Prevention
Policy (cont.)
Prohibition applies to all levels and areas of University operations and programs, e.g. Prohibition applies to all levels and areas of University operations and programs, e.g.
students administrators faculty staff volunteers vendors and contractors
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Definitions of Harassment

• 1. Sexual coercion quid pro quo Unwelcome
  conduct of a sexual nature when
• Employment or educational decisions based on
  accepting or rejecting conduct
• Welcomeness depends on complainant, not intent
  of respondent
• Always sexual
• Power difference
• Beware consensual relationships

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Definitions of Harassment (cont.)

• 2. Hostile or Intimidating Environment
• Unwelcome behavior that unreasonably interferes
  with work academics.
• At VT, based on protected characteristic, incl.
  sex
• Reasonable person find hostile, threatening or
  intimidating.
• Respondent may be a peer

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Impact v. Intent

• Intent is not relevant in determining whether
  behavior is harassment. What matters is impact
  of behavior on work environment.
• The statement, "I didn't mean anything by it," is
  not a valid defense of harassing behavior.
• However, intent can be a factor in choosing
  corrective action

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Everyone should expect to be treated with

• Respect
• Fairness
• Dignity

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Options

• Informal resolution
• Formal processes

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Informal Resolution

• Possible options
• Speaking directly to respondent
• Seeking assistance from
• Supervisor
• Human resources professional
• Faculty member
• Employee Assistance Program
• Administrator
• Womens Center
• OEO
• Conflict resolution, including mediation

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Features of informal resolution

• Ordinarily is less disruptive.
• Takes less time
• Affords more privacy
• Less risky
• Parties usually have more control over outcome
  (with exceptions)
• More likely to allow parties to associate in
  future.
• Can allow win/win solutions
• Can provide model for future dispute resolution.

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Formal resolutionsometimes appropriate

• Formal investigation by OEO
• Formal complaint to OEO
• State Employee Grievance Procedure
• Federal EEOC/ State Human Rights
• State Office of Equal Employment Services
• Police
• Litigation

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If Supervisor is Aware of a Situation

• Doing nothing is always the wrong response
• Treat claim seriously, no matter how improbable
  you think it is. Do not assess credibility
• Inform and get help from appropriate resources
  immediately
• Confidentiality cannot be assured, but protect
  privacy. Share information only on need-to-know
  basis
• Act promptly. Dont wait for formal or written
  complaint!

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Retaliation, by Respondent or management,
violates VT policy and is illegal. And dont
penalize or discourage

• Bringing a complaint/grievance
• Consulting with other offices
• Complaining to outside agencies
• Contacting the police
• Consulting a lawyer or filing a lawsuit

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To avoid creating perceptions of
harassment/discrimination

• Treat staff, colleagues and students with respect
  and dignity. Avoid embarrassing people
• Get help promptly with performance problems.
• Insist that people treat each other with respect,
  in your area or others

HR
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To avoid creating perceptions of
harassment/discrimination (cont.)

• Maintain a professional relationship Avoid
  personal comments or issues yours or theirs
• Continue to set and model standards of behavior
  when on VT businesseven off campus, in the
  field, at conferences, and overseas. There is no
  300 mile limit.

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Special note on sexual harassment of students
Notice to Institution

• if a responsible employee knew, or in the
  exercise of reasonable care should have known,
  about the harassment.

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What is a responsible employee?

• Any employee who
• has the authority to take action to redress
  harassment,
• has the duty to report to appropriate school
  officials sexual harassment or other misconduct,
  or
• a student could reasonably believe has this
  authority or responsibility.

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Use the right tool!