What is Harassment & Discrimination?

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Creating a Culture of
Respect
AT GETTYSBURG COLLEGE
Today’s Session
 Creating a Culture of Respect
 Definition of Harassment and Discrimination
 Impact of Harassment and Discrimination in the
Workplace
 Relationship with Customers and Students
 Myths and Misconceptions about Sexual Harassment
 Reporting Procedures
 What is Retaliation?
 Harassment and Discrimination-Free Workplace Policy
and Grievance Procedure
Why Is The Title
“Creating a Culture of Respect” Important?
 The College values the “worth and dignity of all people”.
 Our goal is to create an environment that is permeated
with respectful interactions leading to an atmosphere
that promotes collegiality and productivity in the
workplace.
 We value individuals for who they are and the
contributions they make to the College community.
 For this reason the College established a Harassment
and Discrimination-Free Workplace Policy to promote
prompt, reasonable and responsible resolution of issues
raised by employees.
 Plus it is the right thing to do.
What is Harassment & Discrimination?
Harassment


Tangible Employment Action
(formerly Quid Pro Quo)
 Actions that result in monetary loss, adverse change
in workload or work assignment or loss of a
professional advancement opportunity
Hostile Environment
 Verbal or physical conduct of a sexual nature
 Conduct that is unwelcome
 Conduct that is severe or pervasive enough that a
reasonable person would find it creates a hostile
working environment.
What is Harassment & Discrimination?
Discrimination

Unfair treatment of a person or persons within a
legally protected group on a basis other than
individual merit such as:
 Treating a person with a certain attribute less
favorably than a person without the attribute in
similar circumstances
 Imposing a requirement or practice with which a
person with a certain attribute does not or can not
comply
 Imposing tougher performance standards on
people within a legally protected class.
What are the Legally Protected Groups?
Sex, Race, Color, Religion, National
Origin, Age, Disability
While sexual orientation is not currently protected by
either state or federal law, the College has, at its
discretion, chosen to recognize sexual orientation as a
protected classification within our College
community.
The College’s Declaration:
Gettysburg College will not tolerate
harassment or discrimination on the basis of
sex, race, color, national origin, age, religion,
disability, sexual orientation, or any other
trait or characteristic protected by any
applicable federal, state, or local law or
ordinance.
What are some examples of
prohibited behavior?
 Racial or ethnic jokes
 Unwanted touching from another person
 Obscene language or gestures
 Derogatory remarks about a person’s age
 Making fun of a person’s disability
 Demeaning comments about someone’s
religious beliefs
Important!!
Socializing at work too often includes flirting or
joking about sex. Employees may think this is just
a routine way to communicate with someone they
are interested in (just having fun); however, this
banter can become insulting &/or demeaning. It
becomes sexual harassment when it creates a
hostile, intimidating, or pressured working
environment.
Don’t do it at work!
Customers and Students
Please remember to ALWAYS act in a
professional manner with your
customers and our students
What is the impact of harassment and/or
discrimination?
 Loss of productivity
 Negative atmosphere
 Low morale
 Higher employee turnover
 Costly lawsuits
 Adverse media attention
 Damaged reputation
Myths and Misconceptions about Sexual
Harassment
Myth: Some people ask to be sexually harassed.
They do this with how they dress, or how they act.
They send "signals.“
Reality: Being subjected to sexual harassment is a
painful, difficult, and frequently traumatic
experience. Defenses such as "she wore provocative
clothes" and "he enjoyed it" are neither acceptable
nor accurate.
Myths and Misconceptions about Sexual
Harassment
Myth: If you ignore sexually harassing behavior, it
will eventually stop.
Reality: In a recent survey of woman, only 29% of
the women who said they tried to ignore the behavior
said that it "made things better." Over 61% of the
women said that telling the harasser to stop was the
most effective method.
Myths and Misconceptions about Sexual
Harassment
Myth: Sexual harassment is inevitable when people
are working together.
Reality: While interactions between people may be
inevitable, uninvited sexual overtures are not.
Myths and Misconceptions about Sexual
Harassment
Myth: An harasser has to have sexual intentions
towards their target for the behavior to count as
sexual harassment.
Reality: Sexual harassment is discrimination and is
a form of abuse, most commonly an abuse of
power. The harasser's rationale does not change this
fact.
What is the procedure for reporting an incident?
Harassment and/or discrimination in any form



Experienced by or caused by an employee or visitor of the College
Witnessed by members of the faculty and administration and all
supervisors (REQUIRED to report)
Staff members and students who observe this behavior are
encouraged to report.
Report immediately to:



Supervisors or manager
Co-Directors of Human Resources
Vice Provost
What follow-up will occur once
a complaint is filed?
Co-Director of Human Resources, the Vice Provost or the
Title IX Coordinator will:

Inform the alleged respondent about the College’s policy
regarding such behavior, and advise respondent that
retaliation is prohibited.

Promptly, thoroughly, and impartially investigate the
complaint considering all relevant information and
circumstances.

Maintain confidentiality throughout the investigation to
the extent practical and consistent with the College’s need to
undertake a full and impartial investigation.
What follow up will occur once a complaint is filed?

Advise both the complainant and respondent the outcome of
the investigation.

Make a final determination as to whether a College policy
has been violated and, if appropriate, administer
disciplinary action.

If harassment is found to have occurred, immediate and
appropriate action will be taken to stop the harassment,
prevent its recurrence, and correct its effects.
What is retaliation?
Adverse action or treatment after engaging in a
protected activity, such as reporting an incident or
participating in an investigation

The one accused of retaliation had to have known about the
claimant’s protected activity

There needs to be a causal link established between a
protected activity and the adverse action or treatment
What are some examples of retaliation?
 Being denied a promotion or receiving a demotion
 Being excluded from special projects
 Being terminated
 Receiving a poor performance evaluation
 Realizing a salary or benefits reduction
 Being ridiculed or bad mouthed
Purpose of the
Grievance Procedure
The College Grievance Procedure exists as a
means to contest a determination that has
been made regarding an alleged violation of the
College’s Harassment and Discrimination-Free
Workplace Policy.
Grievance Procedure
There are three grounds for which the College
Grievance Procedure can be applied:

The complainant or the respondent believes that the
discipline/sanction imposed was inappropriate for the
violation of policy for which he or she was found responsible;

An error occurred during the investigative stage preventing
either the complainant and/or the respondent a reasonable
opportunity to prepare and present information to the
investigator(s); or

There is a discovery of new information that was not
available at the time of the investigative process and could have
affected the outcome of the matter.
Categories Not Covered by College’s Grievance
Procedure
The College Grievance Procedure does not apply to
issues concerning:







Compensation
Classification
Work standards
Stated College policy
Matters that are beyond the control or jurisdiction of the College
Any disciplinary matter or termination unless the employee
believes that such actions were the result of unlawful
discrimination or harassment
Any faculty issues, such as reappointment, dismissal for cause,
tenure/promotion, etc.
Grievance Committee
Members of this committee are appointed by the President
of the College for terms of three years.
The College Grievance Committee will be
composed of:
 Three tenured faculty members
 Three administrators
 Three support staff members
The Chair of the College Grievance Committee will be a
tenured faculty member and may serve as one of the
four voting members of a grievance hearing panel.
Grievance Process
1)
File a Notice of Grievance Form (NGF) within 7 days with
Co-D HR, Vice Provost or DSR&RR stating which of three (3)
grounds for grievance applies.
2)
NGF is given to Chair who selects hearing panel of 1
administrator, 1 faculty and 1 staff for total of 4.
3)
Panel decides if it satisfies 1 or more of 3 grounds. If no, panel
tells Co-D HR, Vice Provost or DSR&R. If yes, a hearing will
be held.
Grievance Process
4)
Hearing

Closed meeting

Burden of proof is on the grievant

Panel may call witnesses

Grievant may have an advisor



Not directly involved in case
Speaks quietly with grievant
Not an attorney
Grievance Process
Hearing Panel makes recommendation



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Majority decision (3 of 4)
Advises grievant of recommendations
Advises one of these administrators of recommendations:
Provost if faculty; Executive VP if administrator/staff; VP of
College Life if student
Panel has no restrictions upon it as to what it may recommend



Grievance is not established
Reprimand
Further proceedings for dismissal of employee
Grievance Process
Administrator Has Final Decision
(Provost, Executive VP, or VP College Life)

Promptly reviews recommendation.

Not bound by recommendation.

Determines any resolution of grievance, including
sanction within the authority of his or her position.

Decision is final.
Conflict Resolution Program at GC
Harassment and
Discrimination-Free Workplace
Questions?
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