Sexual Harassment
Prevention Training
© 2008 Brigham Young University–Idaho
Introduction
The purpose of this course is to
provide training to you on the BYUIdaho sexual harassment policy. The
official policy is entitled Sexual
Harassment, Unlawful Gender-Based
Discrimination, and Inappropriate
Gender-Based Behavior. (Policy
No. 2-13)
YOU CAN ACCESS THE ENTIRE
POLICY BY CLICKING HERE
This online course consists of 38
slides and should take approximately
1 hour to complete.
© 2008 Brigham Young University–Idaho
Why Training?
Why Sexual Harassment Prevention Training?
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Sexual harassment is against the law.
Sexual harassment is a violation of the
BYU-Idaho Honor Code. (please read)
Sexual harassment is contrary to the
teachings of the Church.
© 2008 Brigham Young University–Idaho
What is BYU-Idaho's Policy?
What is BYU-Idaho's Policy on Sexual Harassment?
© 2008 Brigham Young University–Idaho
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The university prohibits sexual
harassment against all persons
involved in the campus community,
including administrators, faculty,
staff, students, visitors, vendors,
contractors, and other third parties.
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In addition, Title VII of the Civil
Rights Act and Title IX of the
Educational Amendments of 1972
prohibit sexual harassment in
employment and in academic
settings, respectively.
What is BYU-Idaho's Policy?
The university also prohibits unlawful gender-based
discrimination and inappropriate gender-based
behavior in the workplace or in an academic setting
directed at another due to that person's gender.
Inappropriate gender-based behavior is conduct which
violates the Church Educational System Honor Code or
the individual dignity of university personnel, students, or
campus visitors, but which does not rise to the level of
unlawful sexual harassment or unlawful gender-based
discrimination.
© 2008 Brigham Young University–Idaho
What is BYU-Idaho's Policy?
Sexual harassment, unlawful gender-based discrimination,
and inappropriate gender-based behavior perpetrated by
students, not acting in the capacity of a university
employee, is also covered by this policy and is implemented
through the coordinated efforts of the Human Resources
Office and the Student Honor Office.
Any inappropriate behavior, as defined in the Sexual
Harassment, Unlawful Gender-Based Discrimination,
and Inappropriate Gender-Based Behavior Policy, may
result in disciplinary actions.
© 2008 Brigham Young University–Idaho
A Closer Look at the Policy
What is the difference between:
1. Sexual harassment
2. Unlawful gender-based
discrimination
3. Inappropriate genderbased behavior
© 2008 Brigham Young University–Idaho
1. Sexual Harassment
No clear and easily applied legal definition of sexual
harassment can be simply stated. However, guidelines as to
what constitutes unlawful sexual harassment have been
developed by anti-discrimination agencies such as the U.S.
Equal Employment Opportunity Commission and through U.S.
Supreme Court decisions. The conduct does not necessarily
have to relate to sexual activity. The law forbids any treatment
of an employee or student at the university that disadvantages
the person only because that person is a man or a woman.
Any abusive, severe, and pervasive conduct directed to
one gender in the workplace or in a university academic
setting may be unlawful sexual harassment.
© 2008 Brigham Young University–Idaho
1. Sexual Harassment
Unlawful sexual harassment falls into two separate categories
of "quid pro quo" and "hostile environment" sexual
harassment.
“Quid pro quo” sexual harassment is present when:
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there is an express or implied request or demand for
sexual favors
there is an express or implied threat to a tangible
employment or academic benefit related to the
employee's or student's acceptance or rejection of the
request or demand
the person making the request or demand is in a
position to implement the threat
© 2008 Brigham Young University–Idaho
1. Sexual Harassment
“Hostile environment sexual harassment” is conduct directed
at a person due to gender which is so severe or pervasive that it
substantially and negatively interferes with the ability of the
person against whom the conduct is directed to perform
employment or academic functions.
To constitute unlawful hostile environment sexual harassment,
the harassing conduct must be excessive, pervasive, severe, or
part of a continuing pattern or practice. Occasional or sporadic
offensive behavior of a mild nature is against university policy
and subject to disciplinary action, even though the behavior may
not rise to the level of unlawful hostile environment sexual
harassment.
© 2008 Brigham Young University–Idaho
2. Unlawful Gender-Based Discrimination
Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities
Act, and the Age Discrimination in Employment Act , it is illegal to discriminate
in any aspect of employment, including:
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hiring and firing
compensation, assignment, or classification of employees
transfer, promotion, layoff, or recall
job advertisements
recruitment
testing
use of company facilities
training and apprenticeship programs
fringe benefits
pay, retirement plans, and disability leave
other terms and conditions of employment
© 2008 Brigham Young University–Idaho
2. Unlawful Gender-Based Discrimination
Discriminatory practices under these laws also include:
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harassment on the basis of race, color, religion, gender,
national origin, disability, or age
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retaliation against an individual for filing a charge or
participating in an investigation
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employment decisions based on stereotypes or assumptions
about the abilities, traits, or performance of individuals of a
certain gender, race, age, religion, or ethnic group, or
individuals with disabilities
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denying employment opportunities to a person because of
marriage to, or association with, an individual of a particular
race, religion, national origin, or an individual with a disability
© 2008 Brigham Young University–Idaho
2. Unlawful Gender-Based Discrimination
NOTE: Private religious institutions may be exempt
from some aspects of the application of these laws.
For example, BYU-Idaho reserves the right under the
law to prefer members in good standing with The
Church of Jesus Christ of Latter-day Saints in
employment and enrollment.
© 2008 Brigham Young University–Idaho
3. Inappropriate Gender-Based Behavior
The university’s definition of “inappropriate
gender-based behavior” is any inappropriate
behavior in the workplace or in the
academic setting directed at another due to
that person's gender and which violates the
Honor Code or the individual dignity of
university personnel, students, or campus
visitors, but which does not rise to the level
of unlawful sexual harassment.
This policy creates a behavioral expectation of
respect and appropriateness for all university
personnel, students, and campus visitors. It
does not create an independent basis for a
claim against the university. The conduct does
not necessarily have to be sexual in nature.
© 2008 Brigham Young University–Idaho
3. Inappropriate Gender-Based Behavior
The following is a list of examples of inappropriate gender-based
behavior. These behaviors, if severe and pervasive, could rise
to the level of unlawful sexual harassment.
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Repeated stereotypical gender-based remarks
Sexually oriented joking, flirting, or comments
Unwelcome touching or any touching of a sexual nature
Verbal or physical abuse
Graphic sexually oriented comments about an individual's body
Derogatory or demeaning comments concerning gender
Any perceived disrespectful behavior attributable to gender
Offensive or crude language
Display of objects or pictures which are sexual in nature
Persistent and unwanted attempts to change a professional
and/or academic relationship into a personal one
© 2008 Brigham Young University–Idaho
3. Inappropriate Gender-Based Behavior
Dating or romantic relationships at the academic or workrelated level between persons where a power differential
exists (e.g., professor to student, teaching assistant to
student, supervisor to employee or subordinate) should be
avoided. If such a relationship exists, it should be approved
by supervisors, and, as a general rule, not entered into or
continued while one individual has the power to either
reward or penalize the other.
University personnel or students who believe they have
been subjected to inappropriate gender-based behavior
should follow the procedure for reporting, investigation, and
resolution as outlined in the university policy.
© 2008 Brigham Young University–Idaho
Procedures for Reporting
I. Employees and Campus Visitors
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Persons who believe they have been subjected to unlawful sexual
harassment, unlawful gender-based discrimination, or have been
subjected to inappropriate gender-based behavior where the
alleged perpetrator is a faculty member, administrator, staff,
student employee, or a campus visitor are encouraged, if
practicable and if the incident is minor and isolated, to resolve the
matter directly and in private with the offender.
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However, if in the sole discretion of the complainant this approach is
not feasible, the incident is serious, or the misconduct is part of a
continuing pattern, the complainant should report the incident to
the offender's line management, who will coordinate
appropriate actions with Human Resources. An individual may,
at any time, bypass management and report the incident
directly to Human Resources.
© 2008 Brigham Young University–Idaho
Procedures for Reporting
© 2008 Brigham Young University–Idaho
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Administrators, deans, chairs, directors,
managers and supervisors are responsible
for this policy within their area of
responsibility. However, they should contact
Human Resources for assistance in resolving
these problems. Further they should also
notify Human Resources of the nature and
resolution of any complaints to allow the
university to track possible recurring
problems.
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Members of the university community who
engage in minor, isolated, or inadvertent
misconduct in violation of this policy should be
counseled by line management to assist
them in understanding the discomfort and
harm which may be caused by such behavior.
Procedures for Reporting
II. Students
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All complaints of sexual harassment, unlawful gender discrimination, and
inappropriate gender-based behavior in which a student is the alleged
perpetrator may be initially filed with either the Human Resources Office or
the Student Honor Office.
Human Resources will review and take appropriate action in respect to
any university employment using the same procedures as with other
personnel.
The Student Honor Office will review and take appropriate action with
respect to the student's standing at the university.
Upon receipt of a complaint, the Student Honor Office will review the
complaint and work with the alleged violator to assist the student in
understanding the discomfort and harm which may be caused by such
behavior. Each case will be resolved according to established policies and
procedures designed to deal with BYU-Idaho Honor Code incidents.
The above-mentioned offices will make appropriate cross referrals to the
other.
© 2008 Brigham Young University–Idaho
Duty to Report
Personnel or students who fail to report or to
cooperate in the investigation of complaints
of sexual harassment, unlawful gender-based
discrimination, or inappropriate gender-based
behavior may be subject to appropriate
disciplinary action.
The confidentiality of the reporting party
will be observed provided it does not
interfere with BYU-Idaho's ability to
investigate and take corrective action.
Filing of false charges will be treated as a
serious breach of the Honor Code, subjecting
the individual making the false accusations to
appropriate disciplinary measures.
© 2008 Brigham Young University–Idaho
Investigation Process
I. Employees and Campus Visitors
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An adequate, reliable, and impartial investigation will be
undertaken in a prompt and equitable manner by the Human
Resources Office and appropriate line management upon
notification of alleged sexual harassment, unlawful genderbased discrimination, or inappropriate gender-based behavior
involving faculty, administrative, staff, student employee, or
a campus visitor as the alleged perpetrator.
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If the alleged perpetrator is a student employed by the university
and the alleged act occurred in the workplace, the investigation
will be coordinated between Human Resources and the Student
Honor Office.
© 2008 Brigham Young University–Idaho
Investigation Process
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Due to the sensitive nature of such allegations and the potential
for irreparable damage to a person's reputation, all charges will
be investigated as confidentially as reasonably possible.
The participants will be required to keep the allegations and
proceedings confidential and to provide information only to those
who have a legitimate need to know.
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Complaining parties will be asked to verify or affirm that the facts
stated in their complaint are true.
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The university will, in good faith, attempt to conclude the
investigation within 60 days of receiving the complaint. Both the
accused and the aggrieved will be given notice of the outcome
of the investigation.
© 2008 Brigham Young University–Idaho
Investigation Process
II. Students
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When the alleged perpetrator is a student whose
alleged misconduct is not related to employment, the
investigation will be handled through the Student Honor
Office according to the same general investigation
principles applicable to university personnel and third
parties.
© 2008 Brigham Young University–Idaho
Resolution Procedures
I. Employees and Campus Visitors
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The resolution of complaints of sexual
harassment, unlawful gender discrimination, or
inappropriate gender-based behavior which
cannot be resolved directly and in private with the
perpetrator, or require action beyond simple
counseling by line management may be sought
through either an informal or formal grievance
procedure. The grievance procedure will be
coordinated by Human Resources.
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For more details on the informal or formal
grievance procedures please see the Sexual
Harassment, Unlawful Gender-Based
Discrimination, and Inappropriate Gender-Based
Behavior Policy
© 2008 Brigham Young University–Idaho
Resolution Procedures
II. Students
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Complaints of sexual harassment, unlawful gender-based
discrimination, or inappropriate gender-based behavior in which
the alleged perpetrator is a student, not acting in the
capacity of a university employee, will be resolved according
to established policies and procedures designed to deal with
Honor Code incidents.
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If either the alleged perpetrator or alleged victim is aggrieved by
a decision of the Student Honor Office with respect to an alleged
violation of this policy, he/she may request a review of the
decision through the regularly established Student Honor Office
review process.
© 2008 Brigham Young University–Idaho
Sanctions
Any violation of the Sexual Harassment, Unlawful Gender-Based
Discrimination, and Inappropriate Gender-Based Behavior Policy
by faculty members, administrators, staff, campus visitors, or
students may result in disciplinary sanctions including termination
of employment, suspension, separation from the university, being
physically banned from the campus, and/or such other penalties,
sanctions and impositions as may be appropriate and available to
the university.
In addition to any individual sanctions levied, BYU-Idaho will take
the reasonable and necessary steps to correct the discriminatory
effects on the aggrieved and on others, as appropriate, and to
prevent the recurrence of the actions leading to the complaint.
© 2008 Brigham Young University–Idaho
Victim’s Rights
A victim of sexual harassment has the
right to initiate a grievance procedure
against the university to be
determined by fair procedures to be
established by the university. External
remedies may also be available to the
victim under Title VII of the Civil Rights
Act and/or Title IX of the Educational
Amendments. Moreover, victims are
encouraged to report cases involving
possible criminal misconduct to the
appropriate law enforcement
agencies.
© 2008 Brigham Young University–Idaho
Victim’s Rights
Retaliation against an individual who has filed a
complaint of unlawful sexual harassment will be
considered a separate violation of policy and the
retaliating person may be subject to disciplinary
sanction, including termination, suspension,
separation from the university and being banned
from campus depending upon the circumstances
and severity of the retaliation. Encouraging others
to retaliate also violates this policy.
© 2008 Brigham Young University–Idaho
What You Can Do
If you are the target of unwanted sexual attention or behavior:
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Respond to the problem. Make your feelings absolutely clear.
Sometimes people don't realize that they're being offensive.
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Record the times, places, and specifics of each incident,
including other people who might have observed the incident.
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Report harassment to your supervisor or the Human Resources
Office. If the harasser is your supervisor, go to the person who
is responsible for your supervisor's actions.
© 2008 Brigham Young University–Idaho
Personal Interaction Guidelines
Don't ...
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address others in demeaning terms
intentionally hug or brush against another's body
rub shoulders or backs
ask probing questions about personal matters
counsel those with serious personal problems
divulge intimate details of personal life
tell sexually-oriented jokes
flirt, leer, or pinch
wear suggestive clothing
© 2008 Brigham Young University–Idaho
Personal Interaction Guidelines
Do ...
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have respect for all people
be sensitive to others' right to privacy
be aware of others' personal space
refer employees to appropriate resources
compliment on others' achievements and qualities
be open-minded
maintain a sense of humor
dress professionally
maintain professional relationships
be aware of the impact of your actions on others
tell others when their behavior is offensive
© 2008 Brigham Young University–Idaho
Sexual Harassment Prevention Quiz
1. Confidentiality is guaranteed to the extent possible, to
A. The person charged with sexual harassment
B. The person who alleges sexual harassment
C. Those investigating the charges
D. All of the above
2. Sexual harassment does not have to relate to sexual activity alone. It can include treating an employee or student in a way
that disadvantages them only because of the person’s gender.
True
False
3. Only physical acts by one employee against another are considered sexual harassment.
True
False
4.If I do not mean to sexually harass another employee, they should not perceive my actions as sexual harassment.
True
False
© 2008 Brigham Young University–Idaho
Sexual Harassment Prevention Quiz
5. Sexually suggestive pictures or objects in a workplace should not create a liability unless someone complains.
True
False
6. A supervisor can claim sexual harassment against a subordinate employee/student even if the supervisor is in a position to
fire/flunk the subordinate/student.
True
False
7. Acts of aggression, intimidation, hostility, rudeness, name-calling, or other types of abusive conduct directed towards one
gender can be sexual harassment, even though no sexual gestures or words are used.
True
False
8. The two primary types of sexual harassment are
A. Quid pro quo and hostile environment
B. Sexual advances and dirty jokes
C. Supervisor to employee and employee to employee
© 2008 Brigham Young University–Idaho
Quiz Answers
1.
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D
True
False
False
False
True
True
A
© 2008 Brigham Young University–Idaho
End
For more information, please refer to the BYU-Idaho Sexual
Harassment Policy on the internet. If you have questions about
the university's policy on sexual harassment, please contact the
BYU-Idaho Human Resources Office (ext. 1700).
Please send an email to training@byui.edu to confirm that
you have completed this training.
Thank you!
© 2008 Brigham Young University–Idaho
References:
EEOC
BYU-Idaho Policy 2-13
BYU-Idaho Legal Council
© 2008 Brigham Young University–Idaho