Title IX and Preventing Sexual Misconduct at Pennington Biomedical

Preventing Sexual Misconduct

Dear Employee: In accordance with the Title IX and other applicable law, Pennington Biomedical is committed to providing an environment that promotes integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex and sexual misconduct. Sharon Hebert Title IX Coordinator

Preventing Sexual Misconduct Both you and Pennington Biomedical play a part in preventing sexual misconduct and discrimination. In this first section, we will take a closer look at sexual misconduct in order to learn how to identify, report and prevent these behaviors on campus.

What is Title IX? Did you know? Title IX prevents discrimination on the basis of pregnancy. Title IX also prevents sexual discrimination for employees not just students. Title IX does not apply to female employees only. Department of Education s Office of Civil Rights provides oversights and conducts investigations with Title IX violations. Title IX mandates that colleges and universities must guaranteeALLstudents an education and learning environment free from sexual misconduct and violence. Preventing sexual violence and discrimination on college campuses began in 1972 with the establishment of Title IX.

Timeline 1972 Title IX of the EducationAmendments of 1972 revised federal funding laws to prohibit sex based discrimination in higher education. 1990 CleryAct Act named in memory of slain college student, Jeanne Clery. The Clery Act amended federal financial aid laws to require all participating post secondary institutions to disclose campus crime statistics and security information. 1994 VAWA The ViolenceAgainst Woman Act established federal legal definitions for sexual assault, domestic violence, dating violence, and stalking.

Timeline 2011 Dear Colleague Letter reminded college campuses that Title IX is broader than simply looking at equity inAthletics. OCR reiterated that Title IX guarantees all students an education free from sexual harassment and violence. OCR also recommended that all schools implement preventative education programs for the students, faculty and staff. 2013 Campus SaVEAct was implemented as an amendment to the CleryAct. ThisAct mandates extensive primary prevention and awareness programs regarding sexual misconduct and related offenses.

Sexual Misconduct Sexual Misconduct is any sexual act or conduct of sexual nature that occurs without consent of the other person or persons regardless of personal relationship. Sexual Misconduct can also include Other types of unwanted sexual acts such as video voyeurism and obtaining, posting, or disclosing intimate descriptions, photos, videos without the express consent of the other person. Sexual Misconduct can be a range of behaviors including forms of sexual violence, sexual harassment, sexual discrimination, stalking, and any conduct of a sexual nature that has the purpose or effect of threatening, intimidating, or coercing a person.

Sexual Harassment Sexual Harassment is speech and/or conduct of a sexually discriminatory nature, which is neither welcomed or encouraged, which would be so offensive to a reasonable person as to create an abusive working or learning environment and/or impair his or her performance on the job or in the classroom. Sexual Harassment includes Unwelcomed advances Intimidation Request for sexual favors and other verbal or physical conduct of a sexual nature

Stalking Course of conduct means Acts in which the stalker directly, indirectly or through third parties, by any action, method, device, or means follows, monitors, observes, conducts surveillance, threatens, or communicates to or about, a person, or interferes with a person s property. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person s safety or the safety of others, or suffer substantial emotional distress. Substantial emotional distress means Significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Stalking can include Video voyeurism Obtaining, posting or disclosing intimate descriptions, photos, videos without the express consent of the other person. Reasonable person means Areasonable person under similar circumstances and with similar identities to the victim

Sexual Discrimination Sexual Discrimination includes behaviors and actions that deny or limit a person s ability to benefit from and/or fully participate in the educational programs, activities, and services because of a person s gender or sex. And you also need to know that Under Title IX, it is ILLEGAL for schools to exclude a pregnant student from participating in any part of an educational program. This could include the advanced placement or honors classes, extracurricular programs, interscholastic sports, honor societies, and opportunities for student leadership among other activities. Title IX also prevents the discrimination on the basis of: Pregnancy Childbirth False pregnancy Termination of pregnancy Recovery from any of these conditions Additionally, any special services provided to students who have temporary medical conditions must also be provided to a pregnant student.

Sexual Violence Sexual Assault Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. There are many forms of sexual violence. We are simply defining the most common forms on campuses; sexual assault, dating violence, and domestic violence. Dating Violence Violence by a person who is or has been in a relationship of a romantic or intimate nature with the victim; it can include sexual or physical abuse or threat of such abuse. Please refer to PM-73 for legal definitions. Domestic Violence Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, or by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner.

Understanding Sexual Misconduct How do you know if a behavior can be considered sexual misconduct? Sexual misconduct is any sexual act or conduct of a sexual nature that occurs without consent of the other person or persons regardless of personal relationship.

Consent & the Law Consent is the affirmative and voluntary agreement to engage in specific sexual activity during a sexual encounter. CONSENT CANNOT BE OBTAINED: By threat, coercion or force. From someone who is sleeping, or mentally or physically incapacitated. From a person impaired by alcohol and/or other drugs. Through silence or the absence of no. From the consent of past sexual activity.

Understanding Consent As you are probably aware, consent is an important concept when dealing with sexual misconduct. Consent: Must be a clear yes, verbal or otherwise is necessary Must be ongoing during the encounter Can be revoked at any time Silence in and of itself CANNOT be interpreted as consent.

What is Sexual Harassment? True or False? Sexual harassment only includes speech of a sexually discriminatory nature; such as repeated references to a person s physical attributes, telling explicit jokes, or using derogatory terms.

What is Sexual Harassment? FALSE In addition to speech, sexual harassment can also be conduct such as unwelcome touching, as well as screen savers or pictures posted in the workplace. It can be propositioning someone and inappropriate touching.

What is Sexual Harassment? True or False? Sexual Harassment includes unprofessional speech and conduct stemming from personality differences.

What is Sexual Harassment? FALSE To be considered sexual harassment, the speech and/or conduct must be discriminating against one s gender or sex.

What is Sexual Harassment? True or False? Sexual harassment includes speech and conduct that is neither welcomed nor encouraged.

What is Sexual Harassment? TRUE The speech or conduct is not mutual or consensual with all the parties involved.

What is Sexual Harassment? True or False? If the party is offended by the speech and conduct then the behavior is considered sexual harassment.

What is Sexual Harassment? FALSE It s not enough that the individual in question is offended, but must also show that a reasonable and prudent person would also have been offended. Some people are highly sensitive and offended by the slightest thing. That is not the standard that judges sexual harassment.

Sexual Harassment There are four main types of sexual harassment we are going to discuss in this training. Quid pro quo Creating a Hostile Environment Gender Stereotyping 3rdParty Harassment

Quid Pro Quo Quid pro quo sexual harassment occurs when a person in a position of power over an employee (like a supervisor or manager) pressures the employee to consent to sexual activity in return for a job-related reward or to avoid a job-related threat. Quid pro quo is a Latin phrase which means this for that. It is essentially an implied bargain involving sexual activity or favors.

Quid Pro Quo Quid pro quo usually involves Relationships such as supervisor and subordinates, employers and job applicants, and any other relationship in which one person has the potential to reward or penalize another in regard to his or her employment role.

Hostile Environment Akey point to remember Behavior that creates an offensive or hostile environment must be behavior of a sexual nature. Ahostile work environment exists if unwelcome verbal or physical conduct of a sexual nature creates an intimidating, offensive or hostile environment that interferes with a employee s work, affects an employee s work performance, and/or makes the employee feel intimidated, degraded or abused. Asupervisor s reprimand or counseling of an employee for poor work performance is not considered sexual harassment. Normal workplace friction is not harassment.

Gender Stereotyping Gender stereotyping and the law Arecent court case about gender stereotyping involved a woman who was not given a promotion in her company because the manager thought she didn t wear enough makeup or clothes that were feminine enough. The court ruled in the employee s favor. In this type of harassment, an employee may be subjected to derogatory comments, slurs or offensive jokes based on arbitrary standards of masculinity or femininity. Or they may not be offered a job because their appearance is not considered to be masculine or feminine enough for the job. Avoid judging others and making comments or slurs based on arbitrary stereotypes. Remember that what is important is the employee s performance on the job.

3rdParty Harassment T o avoid 3rdparty harassment , refrain from Displaying sexually suggestive objects or pictures. Sending sexually suggestive jokes or pictures. Making sexually suggestive, derogatory or offensive comments. Playing music with sexually explicit lyrics or offensive DJ s. If you have any doubt that what you say, write, or post could offend another, then don t do it! In this type of harassment, the victim does not have to be the person for whom the harassment was intended, but could be anyone affected by the offensive conduct.

Scenario One Alice is a faculty member in the College of Engineering. She enjoys her job, including the challenging technical work. Some ofAlice s male coworkers tease her that she is too pretty to be an engineer and that she must have flirted her way through college to get here. Sometimes, her coworkers don t let her perform basic work tasks, telling her that she s not smart enough to do it, or that the work is men s work. HaveAlice s coworkers behaved in a way that could be sexually harassing? Yes, these actions could be considered sexual harassment No,Alice s coworkers are just looking out forAlice

Scenario One YES Alice, like any employee, must be able to perform the essential functions of her job. There are no legal designations of men s work and women s work. The comments could be considered sexual harassment on the basis of gender stereotyping.

Understanding Retaliation Did you know Employees, students, witnesses, and/or other participants involved in a sexual harassment complaint or investigation are protected from retaliation of any form by both federal law and Pennington Biomedical policy. Retaliation occurs when an employee is punished for complaining, participating in an investigation, or filing charges about sexual harassment. Examples of retaliation may include such adverse employment actions such as: Termination Isolation of the employee Demotion Failure to promote Any employee violating the prohibition against retaliation may be subject to disciplinary action up to and including termination.

Scenario Two Jason is part of the grounds crew that maintains campus. Jason recently complained to his supervisor and HRM about two employees who often make offensive sexual comments to him. Since his complaint, other employees on his work team refuse to work with him. They hide his tools, and lose his supplies so that he is slower completing tasks. Jason is worried that these incidents will cause him to get an Unsuccessful on his PES and is thinking about finding another job. Could Jason be experiencing retaliation? No, only a supervisor or manager can retaliate against an employee. Yes, it is possible that Jason s colleagues are retaliating against him.

Scenario Two YES You recognized that coworkers can also retaliate. This type of retaliation is also illegal because it is affecting Jason s work performance and creating a hostile work environment. Jason s supervisor has an obligation to make sure he is not retaliated against for complaining about sexual harassment.

Commitment to Community As an PBRC employee, you are responsible for your conduct During work hours On campus At PBRC sponsored activities When your conduct would adversely affect PBRC s image When you are representing PBRC

Reporting Offenses Every employee on campus is committed to helping others report a violation and seek guidance. In return, Pennington Biomedical encourages you to report and cooperate with the appropriate parties when reporting a sexual harassment complaint.

Reporting Offenses Pennington Biomedical s Responsibility: Investigating complaints when appropriate Stopping the harassment and inappropriate behavior Seeking remedies to the harassment Preventing it from occurring in the future

Reporting Offenses Jurisdiction Pennington Biomedical will investigate conduct that occurred Even if the violation occurred outside the boundaries of campus, Pennington Biomedical may maintain some jurisdiction depending upon the circumstance. On the Pennington Biomedical campus At Pennington Biomedical sponsored activities When you are representing Pennington Biomedical Jurisdiction is evaluated on a case-by-case basis.

Reporting offenses - Example Amale GraduateAssistant and a female PhD student travel to an overnight conference outside of the city limits. While staying in a hotel room, the female student alleges she was sexually assaulted by the male GA. Both the GAand the student are legal adults.

Reporting Offenses Example Does PBRC have a responsibility to investigate this claim? Is the female PhD student required to report this alleged assault? No. As the complainant and potential victim in this circumstance, the female student does not have an obligation to report the incident; however, she is encouraged to report the incident. It s important that students know the reporting procedures and/or their options in the event she would like to report the incident. Yes. Even though the incident happened off campus, after work/school hours, if the situation is reported, PBRC must review the facts to determine if an investigation into the alleged misconduct is necessary. The type of investigation (informal or formal) may be determined based on the severity of the claim.

Reporting Offenses Important Terms Advisor of choice Campus security authority Responsible employee Campus Title IX Coordinator

Reporting Offenses - Terms Advisor of Choice An Advisor of Choice is someone who can be present during any meetings proceedings throughout the investigation process but is not a full participant during the course of the investigation. The Advisor s only function shall be to assist and/or consult with the Student or Employee. or disciplinary

Reporting Offenses - Terms Campus SecurityAuthority (CSA) ACampus SecurityAuthority (CSA) is someone who is responsible for campus security and has significant responsibility for campus activities. Examples include: Security Administrator

Reporting Offenses - Terms Responsible Employee AResponsible Employee is any employee who has the authority to take action to redress the sexual misconduct, or has the duty to report the misconduct to appropriate officials, or is someone a student could reasonable believe has the authority or responsibility. That means YOU! In other words, a Responsible Employee is any employee a student feels they can trust to help them take action to address the sexual misconduct.At Pennington Biomedical, all employees have the duty to report a violation if they ve been made aware of an incident. Examples of Responsible Employees include: a FacultyAdvisor, a Staff Member.

Reporting Offenses - Terms Campus Title IX Coordinator ATitle IX Coordinator is an employee who handles and oversees the complaint process and all Title IX issues. Sharon Hebert in Human Resource Management, will serve as the Campus Title IX Coordinator, handling all Title IX issues that arise at Pennington Biomedical

Reporting Offenses Other Terms Complainant the one on the receiving end of the harassment or misconduct Respondent The person alleged to have committed the harassment or misconduct Witness a bystander or person who observed a violation

What do I do if I am a complainant? It is important to report the violation immediately to the Campus Title IX Coordinator or Office of Human Resource Management so that Pennington Biomedical can respond appropriately. If the violation is criminal, contact the city police as well.

What do I do if I receive a complaint? If a student or another employee tells you about a violation or you are aware of or witnessed a violation, you should act immediately within 24 hours. Gather the basic facts and basic contact information of the victim and promptly report it to the Campus Title IX Coordinator or Office of Human Resource Management.

The Complaint Process 1. The Complaint 2. Notification 3. Investigation 4. Resolution

Notification Each party will be given an explanation of the procedures that will be used to resolve the concerns, including the rights that extend to parties. Complainants will be notified regarding their options which include the right to an advisor of choice and right to an appeal. There may be interim remedies recommended such as separating the parties, interim suspension, alternative scheduling and/or housing arrangements.

Investigation The Campus Title IX Coordinator or designee will conduct an assessment of the facts of the incident and will then determine: Whether there will be no further action If an informal resolution will be recommended If a formal resolution will be recommended