MAINTAINING CIVILITY AT GEORGIA STATE UNIVERSITY SEXUAL HARASSMENT AND THE LAW QUARTERLY NEWSLETTER, VOLUME 1, ISSUE 2 OFFICE OF OPPORTUNITY DEVELOPMENT, FALL 2013 Introduction. Sexual harassment may start off innocently enough: a glance here, an off-color joke there a few words intended as a compliment a light, yet unhurried, touch on the arm. Gradually though, it escalates; it continues and/or increases in frequency, until finally it morphs into a fullblown pattern of systemically inappropriate behavior. The culprit might have absolutely no intention of causing discomfort yet, and perhaps surprisingly, intent is not always key when identifying misbehaviors. In fact, although some claim the interpretation of actions as being sexually harassing is subjective and about personal perception, what matters most is that the victim begins to feel that things have spiraled out of his/her control. The victim s discomfort typically begins to manifest itself in the workplace or in the classroom. Eventually, the entire work culture is affected. Sexual harassment is not confined only to interactions between members of the opposite sex, nor is it an activity that males alone engage in. It can occur during interactions between employees and/or students of the same sex, and contrary to popular belief, a woman may indeed sexually harass a man. Neither does the age of the parties involved make a difference. Sexual harassment takes several forms. In some cases it is covert. That is to say, it may superficially be couched as something else entirely. In other cases, it s blatantly obvious that an improper behavior is taking place. Knowledge of those in the surrounding environment varies as well. Many times other people bear witness to it, but prefer not to say anything for fear of making improper assumptions or out of a desire to remain neutral. Other times, they have no idea that anything untoward has happened at all. No matter the underlying fact pattern, however, each of these situations shares a common element: an unwanted advance (or, more typically, an ongoing pattern of unwanted advances) or demeaning/discriminatory treatment. An even more significant shared element is the fact that these situations have no place in either the classroom or the work environment, especially here at Georgia State University. ISSUE HIGHLIGHTS Definitions Title IX and Sexual Misconduct Title VII and Sexual Harassment Sexual Harassment Scenarios (Test Your Knowledge) GSU Title IX Coordinator Contact Information TABLE OF CONTENTS INTRODUCTION 1 FALL EVENTS 2 DEFINITIONS 2 SCENARIOS 4 CONTACT US 5 RESOURCES 6 ABOUT ODO 6
PAGE 2 SEXUAL HARASSMENT AND THE LAW SEPTEMBER 2013 SCHEDULE OF FALL SEMESTER EVENTS Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Training & Services. Any well-developed Affirmative Action Program has an equally well -developed training and prevention program. The Office of Opportunity Development and conducts prevention and compliance training programs for faculty, staff and students. The programs are developed using a proactive approach through presentations on issues related to equal opportunity, affirmative action, and sexual harassment. September 17, 2013 Lawfully Recruiting for Diversity October 1, 2013 Conducting Lawful and Effective Interviews October 8, 2013 The Grievance vs. The Complaint: What s The Difference? October 15, 2013 USERRA and The GA State University Military Leave Policy November 4, 2013 Creating a Civil Environment at GA State University: Preventing Sexual Harassment in the Workplace November 5, 2013 Creating a Civil Environment at GA State University: Harassment & Discrimination in the Workplace November 5, 2013 Disability Accommodation at GA State University November 13, 2013 Creating an Inclusive Workplace The school s policy is actually in direct compliance with Title IX. SEXUAL HARASSMENT AND THE LAW (CONTINUED) Defining Sexual Harassment within the Confines of the Law Georgia State University s policy regarding sexual harassment is clear. The University does not discriminate on the basis of sex in its education programs and activities and prohibits such discrimination by students, faculty and staff. The school s policy is actually in direct compliance with Title IX. Title IX of the Education Amendments of 1972 and the corresponding implementation regulations found in 34 C.F.R. Part 106 mandate nondiscrimination on the basis of sex, with its definition of sex discrimination encompassing both sexual harassment and sexual violence. Its guidance expressly prohibits discrimination on the basis of sex in education programs and activi- ties receiving federal financial assistance. The caveat is that institutions receiving federal assistance must have 15 or more employees for coverage to kick in. However, Title IX not only covers employees at these institutions, but it also applies to the sexual harassment of students by university employees, other students, or third parties. Title IX isn t the only available statutory guid-
QUARTERLY NEWSLETTER, VOLUME 1, ISSUE 2 PAGE 3 SEXUAL HARASSMENT & TITLE IX ance when it comes to sexual harassment, however. Section 703 of Title VII of the Civil Rights Act of 1964 also governs sexual misconduct (including both discrimination and harassment) in the workplace. According to the U.S. Equal Employment Opportunity Commission, Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. (Source: www.eeoc.gov). Moreover, the harassment does not even have to be of a sexual nature and while the law does not provide coverage for mere teasing, or isolated comments, it can extend to offensive remarks made about a person s sex or gender. When considering this, few people realize that, under the auspices of the law, anyone in the vicinity who finds such comments offensive may also feel sexually harassed, despite the fact that the remarks were not directed at him or her specifically. Georgia State University s Office of Opportunity Development (ODO) recognizes that despite the legal definitions available to the public, it may still be difficult for students and University faculty and staff to properly identify behaviors that constitute sexual harassment. This past fall semester, in an effort to educate the community about the nature of sexual harassment, ODO presented a special training session whereby employees were invited to witness firsthand the workplace complexities that inevitably arise when there are allegations of sexual misconduct. The session made clear the resulting legal ramifications as well. The scripted case, adapted from and provided courtesy of Risk Management magazine was entitled Peggy Peterson v. Discrimination University, and involved two counts -- sexual harassment and age discrimination. Under the revised materials, forty-one year old Peterson had been employed, until recently, as the Admissions Specialist III for Discrimination University. She was fired from her post, and in her employment claim cited sexually harassing conduct by her superior as well as a desire by the university to retain more youthful employees who lacked a need for bloated salaries. The scenario addressed and identified little-known activities that might be perceived as sexually harassing. The dialogue opened just as counsel began their opening statements, and participants followed the trial through closing statements and the judge's jury instructions. Afterwards, employees had the opportunity to dissect the mock trial, and they did so enthusiastically asking numerous questions of the participants and ODO staff, while simultaneously unpacking their own departmental concerns. The Office foresees hosting similar presentations in the near future. This summer the office will host a special viewing session of the Fall 2012 mock trial. Those interested in attending should contact ODO at rhall23@gsu.edu. ODO training sessions are an integral part of ongoing efforts to educate the public about their rights and maintain civility at the University. Section 703 of Title VII of the Civil Rights Act of 1964 also governs sexual misconduct. HARASSMENT DOES NOT EVEN HAVE TO BE OF A SEXUAL NATURE.
PAGE 4 SEXUAL HARASSMENT AND THE LAW OFFICE OF OPPORTUNITY DEVELOPMENT Visit us at: 1 Park Place South Suite 527 Tel: 404.413.2567 Fax: 404.413.3295 E-mail: aatraining@gsu.edu V ISIT US AT: HTTP:/ / ODAA. GSU. EDU/ ODO HAS OVERALL RESPONSIBILITY IN PROVIDING LEADERSHIP, COORDINATION AND AN OVERSIGHT OF THE UNIVERSITY'S AFFIRMATIVE ACTION INITIATIVES. Exploring Sexual Harassment through Scenarios How adept are you at spotting sexual misconduct? Test your knowledge with three scenarios. Each scenario is followed by a brief analysis and explanation of the correct answer. The scenarios are below: Scenario 1: Oliver, Peggy s co-worker at Discrimination University continues asking Peggy out to dinner, even though she turns him down each and every time he requests a date. She has told him several times to stop asking, yet has not reported him to their supervisor. True or False: Oliver s behavior does not constitute sexual harassment, because sexual harassment may only occur between a male boss and a female subordinate. Analysis: False. Although sexual harassment quite often involves relationships with a power dynamic, it may certainly occur between any coworkers and may not necessarily affect a reporting relationship. If Peggy is off-put by Oliver s repeated advances and has made her feelings about the matter abundantly clear, Oliver s behavior may constitute sexual harassment. This is especially true if Oliver persists in asking despite her clear request that he stop. Scenario 2: Dani and Roy are in group with two other male college students working on a project. Roy frequently tells off-color jokes during their group meetings. Dani is very offended and doesn't find Roy s jokes funny. True or False: Roy s behavior is not sexual harassment because his jokes are all in fun, and he does not intend to sexually harass anyone. Analysis: False. Sexual harassment may occur even if the harasser does not intend the conduct to be offensive. Roy may not intend to offend or harass any of his group members, but the impact of his behavior may nevertheless give rise to a sexual harassment claim. Scenario 3: Professor Arianne Donnerly is taking several students on a trip overseas, along with two other professors. During an outing to a museum of sculpture, Professor Donnerly makes several extremely personal and sexual comments in a joking manner. Several students are uncomfortable for the remainder of the trip. They do not say anything to Professor Donnerly, however, about her conduct. She persists with this line of jokes off and on for several days. Several weeks after they return to their home campus the students file a complaint. True or False: Professor Donnerly s behavior is not sexual harassment because her comments were of a personal nature. Furthermore, the students did not make their discomfort known, nor did they file a timely complaint. Analysis: False. Professor Donnerly, due to her position of authority should have known that her remarks to her students would be deemed inappropriate, even though the students did not verbally state their feelings. She created a pattern of behavior by continuing to joke in that manner over the course of several days. In addition, the students discomfort was enough that they felt sexually harassed, though being offensive probably was not the professor s intentions. The fact that they waited several weeks before reporting the incident(s) does not negate their discomfort or feelings of sexual harassment. As you can see from the examples above, violating behaviors may come in an unexpected form. As an
QUARTERLY NEWSLETTER, VOLUME 1, ISSUE 2 PAGE 5 exercise, you can try coming up with your own scenarios and analyzing the probable results using the definitions found in Title IX and Georgia State University s harassment policy. Share your thoughts with a coworker or friend to get varying perspectives. Reporting Instances of Sexual Misconduct When it comes to harassment, Section 206 of the University s Policies and Procedures states that some of the factors that will be considered are: repetition or pattern of objectionable behavior; intent of the behavior (ex: words or actions with the intent to injure are prohibited, but words or actions as part of an exchange of ideas, ideology, or philosophy will be protected); location of behavior (different concerns exist between areas used as public forums, classrooms, or other settings); and the degree to which the behavior is commonly considered to be demeaning to members of the group in question who are of average sensibilities. If you feel that you have been subjected to sexual harassment, you should immediately report the sexual misconduct to one of Georgia State s Title IX coordinators. Students, staff and faculty have three avenues through which they may seek assistance. The Office of Opportunity Development is home to the primary Title IX coordinator, Linda Nelson, Assistant Vice President for Opportunity Development/Diversity Education Planning and Human Resources- Administration. Her responsibilities include: responding to reports of sexual misconduct by faculty and staff, overseeing Title IX complaints and identifying/addressing any patterns or systemic problems that arise during the review of such complaints, in consultation with the Office of Legal Affairs. Contact Information: Opportunity Development/Diversity Education Planning 1 Park Place South, Suite 527 Atlanta, Georgia 30303 Tel: 404-413-2567 Email: Equalopportunity@gsu.edu Deputy Title IX Coordinator/Student Affairs is Rebecca Stout, Ph.D., Associate Vice President for Student Affairs and Dean of Students. Her responsibilities include responding to reports of sexual misconduct by students. Contact Information: Office of the Dean of Students Student Center, Suite 300 Tel: 404-413-1515 Email: deanofstudents@gsu.edu Deputy Title IX Coordinator/Athletics is Bryce Boggs, Senior Associate Athletics Director for Compliance. He is responsible for Title IX compliance of the GSU athletic program (i.e. gender equity in University athletics). Contact Information: Athletics Georgia State Sports Arena, Suite 201 Tel: 404-413-4004 Email: jboggs@gsu.edu More informal procedures for reporting include counseling and mediation. During confidential counseling sessions, complainants will not be compelled to reveal the identity of the alleged harassment and all records will include anonymous and general information. If need be, the counselor will then provide the complainant with information regarding mediation and other, more formal, grievance procedures. During mediation, the complainant consults with the ombudsperson in order to determine how to best address any issues or concerns. This is typically the best option for students. The ombudsperson may take action beyond mere consultation in order to resolve the complaint, but any such actions must include contacting the respondent about the nature of the complaint and allowing the respondent to reply. The Ombudspersons Office makes every effort to resolve complaints within 15 days. Pursuant to University policies and procedures, initiation of a formal complaint may occur by one of two ways: 1) The complainant may file a signed complaint with the affirmative action officer (AAO) whether or not informal procedures have been used, or 2) The AAO may initiate a formal investigation when special circumstances arise. Formal complaints must be submitted within one year of the most recent alleged sexual harassment act. To file a complaint/be put in touch with an affirmative action officer, complainants should contact The Opportunity Development and Diversity Education Planning (ODDEP) office.
QUARTERLY NEWSLETTER, VOLUME 1, ISSUE 2 PAGE 6 The Office has overall responsibility in providing leadership, coordination and an oversight of the University's affirmative action, and diversity education initiatives. For more extensive and complete information regarding reporting procedures at the University, please visit: http://www2.gsu.edu/~wwwfhb/ sec206.html. The ODDEP Web site also provides links to grievance procedures for students, faculty and staff, respectively. These links may be found at: http://odaa.gsu.edu/policies-procedures/equalopportunity/. Article Resources American Council on Education GSU Office of Opportunity Development GSU Dean of Students Office Www.eeoc.gov About the ODO Newsletter The ODO Newsletter is published quarterly by the Office of Opportunity Development. For additional information, please email Randi Hall at rhall3@gsu.edu. Designer/Copy Writer: Jennifer N. Cornelius, Law Student, ODO Graduate Research Assistant Editors: Dr. Annette D. Butler, Director of AA/EEO Linda J. Nelson, Assistant Vice President of Human Resources-Administration and Opportunity Development/Diversity Education Planning