Creating a Culture of
Respect
AT GETTYSBURG COLLEGE
Jennifer Lucas and Regina Campo, Co-Directors
of Human Resources
Bill Lafferty, Executive Director of DPS
Jennifer McCary, Director of Student Rights
and Responsibilities
Today’s Session
 Introduction
 Why Create a Culture of Respect?
 Definition of Harassment and Discrimination
 Impact of Harassment and Discrimination in the Workplace
 Clery Act
 Title IX
 Reporting Procedures
 Resources Available to Students and Employees
 Scenario/Group Discussion
 Homework
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.
 Plus it is the right thing to do.
Creating a Culture of Respect Amongst
our Faculty and Employees
What is Employee 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 Employee 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, gender identity and gender
expression are not currently protected by either state
or federal law, the College has, at its discretion,
chosen to recognize these as protected classifications
within our College community.
The College’s Declaration:
Gettysburg College assures equal employment
opportunity and prohibits discrimination on
the basis of race, color, national origin,
gender, religion, sexual orientation, gender
identity, gender expression, age, and
disability.
Who can be a victim of Harassment?
 Anyone can be a victim.
 Everyone is protected by harassment laws.
What are some examples of
prohibited behavior?
 Racial or ethnic jokes
 Unwanted touching from another person
 Unwanted sexual comments or advances
 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
 Stalking, bullying, cyber-bullying, etc
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
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 from employment
 Receiving a poor performance evaluation
 Realizing a salary or benefits reduction
 Being ridiculed or bad mouthed
Possibility for Individual Liability
 Harassment lawsuits often name both the institution
and the harasser as separate defendants.
Case of Fluet v. Harvard University and Professor John R. Koch
– the Massachusetts Commission Against Discrimination
ordered Koch to pay $25,000 out of his own pocket for sexually
harassing a graduate teaching assistant.
Similarly, a PA jury absolved a university of liability but held a
professor at West Chester U. liable for sexually harassing a
student and awarded $120,000 to the student.
Helping our Students Create a
Culture of Respect
Clery Act
Overview of the Clery Act
What is the Clery Act?
• The Clery Act (signed into law in 1990) Requires:
•
A public record of crimes on and around campus
•
The reporting of crimes to DOE
•
The disclosure of statistics and security policy statements to
current and prospective students and employees
•
Timely warnings and alerts of certain crimes
•
The publication and distribution of an annual report
Overview of the Clery Act
Why the Concern about Crime Reports?

Institutions may be suppressing crime information to
avoid negative publicity
 Individuals need accurate information to protect
themselves from violence and crime
 The intensifying scrutiny at Penn State brings this Act
to the forefront
Campus Security Authority
Who Must Report?
Any campus officials designated as a Campus Security
Authority (CSA)
The law broadly interprets “significant responsibility for
student and campus activities” to ensure thorough reporting of
crimes..
Defined by function, not title:


Significant responsibility for student AND campus activities
Contact with students
Who Isn’t a CSA?
The following are not Campus Security
Authorities:
 Administrative staff not responsible for students
(e.g., payroll, facilities)

Clerical staff

Individual faculty who do NOT serve as advisors
to registered student organizations

Doctors, Health Center staff, or Counselors in the
Counseling Center, who only provide care to
individual students
What Must We Report?








Criminal homicide (murder and manslaughter)
Sex offenses, forcible & non-forcible
Aggravated assault
Robbery
Burglary
Motor vehicle theft
Arson
Hate crimes, including any of the above crimes, or any
other crime causing bodily injury, if motivated by hate
Required Campus Communications & Alerts

Timely warnings – safety alerts

Emergency notifications – EMNS

Daily Logs

Annual Security Report

Reports on campus crimes to DOE
Reporting Emergencies and Crimes

All crimes/emergency incidents occurring on campus
should be reported immediately to DPS to ensure an
appropriate response

DPS has primary responsibility for investigating,
documenting, and reporting crimes occurring on campus
property

Significant incidents of violence, specifically sexual
assaults, are reported to the GPD for criminal
investigation
Title IX Requirements
 Anti-discrimination law
 Began its roots in athletics – equal gender
representation
 Requires institutions to fully investigate all incidents
of sexual harassment, discrimination, sexual
misconduct, and sexual assault
 Identifies mandatory reporting processes
Title IX Reporting Implications &
Considerations
 Training for staff and faculty around reporting




requirements – lack of understanding
Ensuring cross-divisional and departmental reporting
Establishing clear reporting structures for staff and
faculty – beyond already existing student policies
Transparent institutional policies for all constituencies
Determining reporting requirements – who must report
versus who is encouraged to report**

If student perceives employee as someone who could
impact decision or outcome – then mandatory
reporter.
Reporting
Three things must be accomplished by colleges in
response to a report:
Stop the behavior immediately
2. Prevent a recurrence, and
3. Address the effects of the harassment on the victim
and community
1.
Clery and Title IX Reporting Comparison
Clery
Title IX
 Designated CSA’s
 All employees are
required to report
 Concerned with Clery
specific crimes
mandatory reporters
with a few exceptions
 Concerned with the sole
reporting of sexual
harassment,
misconduct, and sexual
violence – including
sexual assault
Clery and Title IX Reporting Comparison
Clery
Title IX
 Date, time, location, and
 All facts and details known
incident type required to
be reported
 Concerned with reported
crimes – not necessarily
investigatory outcomes
or dispositions
 All reported crimes may
not be investigated
(including name of
involved parties) required
to be reported
 Concerned with reported
crimes and investigatory
outcomes/dispositions
 All reported crimes must
be investigated
Title IX Officer and Deputies
 Title IX Compliance Officer:
 Jane North, Executive Vice President
 Title IX Deputy Compliance Officers:
 Bill Lafferty – Director of Public Safety
 Jen Lucas & Regina Campo – Co-Directors of HR
 Jennifer McCary – Director of Student Rights &
Responsibilities
 Jack Ryan – Vice Provost
 Andy Vogel – Athletics
Agenda and Time-Line Moving Forward
 Establish reporting and compliance task force –





(Completed)
Identify a compliance officer and team – (Completed)
Develop communications addressing PSU scandal and
highlight reporting processes – (Completed)
Establish senior leadership oversight to prevent siloed
reporting – (Completed)
Develop and promulgate applicable institutional policies –
(Fall ‘12)
Establish and conduct staff and faculty training – (Fall
‘12)
What follow-up will occur once
a complaint is filed?
Co-Director of Human Resources, the Vice Provost or the
Title IX Deputy 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.
Resources Available to Faculty and Students
Faculty/Employees:
• Dept. Chair or Manager
• Co-Director of HR or
Vice Provost who are
Title IX Deputies
• Any Title IX Deputy
Coordinator
Students:
• Immediate Assistance: DPS,
Gettysburg Police or Survivors
• Confidential Report:
Counseling/Health Services
• Official Report: Any faculty
member, administrator, or
supervisor; Student Rights &
Responsibilities; Residence
Life; Academic Advising;
Women’s Center; College Life
Community Concern Webform
http://www.gettysburg.edu/reportconcern/
Scenario/Group Discussion
 Rebecca fails an exam in your course and comes to
your office distraught. Rebecca begins to share that
she was distracted because of something that
happened to her this past weekend. She is asking for
an opportunity to retake the exam. You ask her what
has her distracted and she says this guy Andrew has
been flirting with her all year and she ran into him at
a party. Rebecca admits that she was flirting with
Andrew and danced with him most of the night.
Scenario/Group Discussion continued
 Rebecca says “Around 12:30 a.m., I left Andrew to
find a bathroom. He said that I was slurring my
speech and asked if I was drunk. I ignored him and
when I returned from the bathroom, we begin flirting
more heavily and moved to a couch. As the
conversation continued, we relaxed and became
more physically affectionate. Andrew suggested we
go back to his room, and I agreed.”
Scenario/Group Discussion continued
 “As we walked down the stairs, I thought he was such
a gentleman for offering his arm for support because
I was really unstable. When we got to his room,
Andrew led me to the bed and we begin to kiss. I
remember feeling a little disoriented. After that I
only recall waking up the next morning in my room.
I think that we had sex but cannot piece together the
events leading up to it. I didn’t want to have sex with
him, I was only planning on making out.”
Scenario/Group Discussion continued
 How would you respond to Rebecca?
 Would you allow her to get through her entire story?
 What information should you provide before she leaves your
office?
 What if Rebecca told you that she has reported this to the
police and they are looking into it? Does that change your
response?
 What steps would you take after meeting with her?
Scenario Follow-up
 Would you allow her to get through her entire story?

It would be best to stop Rebecca the moment that you can tell her story may
be personal and something that you may have to report. Explain to her that
you are interested in hearing her story so that you can better understand her
request, however, you are a mandatory reporter meaning that you will have
to share this information with a Title IX Coordinator.
 What information should you provide before she
leaves your office?


Take a look at your Title IX Report Card.
You will want to be certain that she knows to contact DPS, visit the Health
and Counseling Centers, contact the Director of Student Rights and
Responsibilities, visit www.gettysburg.edu/sexualmisconductresource for
more information or submit a report at www.gettysburg.edu/reportconcern.
Scenario Follow-up
 What if Rebecca told you that she has reported this
to the police and they are looking into it? Does that
change your response?

This does not change your response. Be sure to provide her with campus
resources and report what she has shared with you.
 What steps would you take after meeting with her?




Immediately write down whatever facts she has given you. You don’t have to
take notes in front of her, however, it is important to recall any names, dates,
locations, and specifics she may have provided.
Contact the Title IX Coordinator or any Title IX Deputy Coordinator to
submit a report, or;
Report online at www.gettysburg.edu/reportconcern.
Keep this information to yourself. Only share with those who absolutely need
to know.
United Educators Online Assignment
http://elearning.ue.org
Creating a Culture of Respect
Questions?