UCCSN Policy Against Sexual Harassment and Complaint Procedure

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Discrimination Prevention:
Title VII/NSHE Policy, ADA,
Sexual Harassment and
Title IX
Presented by:
Denise Cordova, Manager
ADA and Title IX Coordinator
Equal Opportunity and Title IX
Jones Center, Building 043, room 103
775-784-1547
http://www.unr.edu/eotix
OFFICE HOURS
Office Hours: M thru F, 8AM to 5PM or by appointment
We are able to meet with clients before or after work.
We will meet with you in our Jones Center offices or at different
locations on campus if necessary.
An individual filing a complaint of alleged discrimination or
sexual harassment may select an independent advisor for
assistance, support and advice.
This person can be a friend, co-worker, spouse, religious
advisor, relative or anyone that would make you more
comfortable while making your complaint.
Our office can be contacted anonymously.
Affirmative Action
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As an employer that receives more than
$50,000 dollars in federal monies we are
required to have an Affirmative Action
Program.
This program requires that we have
recruiting and outreach goals for
underrepresented groups. This is in
addition to our yearly AA plan which
reflects these goals.
This is required by Executive Order
11246 and is also stated in Title 41,
Chapter 60 of the Code of Federal
Regulations
The Equal Opportunity/Title IX Office
• 1. Collaborate with Human Resources, Student
Conduct and UNR Police Services
• 2. Conduct internal investigations concerning
discrimination and/or sexual harassment
• 3. Handle inquiries concerning employment
discrimination/sexual harassment issues
• 4. Conduct training for Faculty, Staff & Students
• 5. Reviews policies and procedures
• 6. Americans with Disabilities Act (ADA) Compliance
• 7. Serve on diversity committees and perform
other service activities at the university
ADA Compliance
The EO/Title IX Office is also the ADA
Compliance Office.
If you have, or develop, a disability
whether physical or mental and need
accommodation, please contact the
EO/Title IX Office.
Service animals are allowed on all UNR
campuses for accommodation purposes,
unless it endangers the animal.
Complaints Process
Every person in our campus community has a right to file a
complaint.
Complaints must be filed within 300 days from the date of harm or
discovery of the alleged act to be considered timely under UNR policy.
All complaints are taken in confidence, but confidentiality cannot be
guaranteed throughout the investigative process. Most complaint
investigations are resolved within 45 days; however some cases
require additional time.
All Complainants and Respondents are notified in writing of a
complaint being filed. All respondents will have the opportunity to
answer the allegations filed against them.
All parties will be notified in writing of the findings of the
investigation, however, the complainant will not be notified of the
disciplinary action taken, if any, against the respondent pursuant to
NAC 284.718, which addresses employee confidential records.
When it comes to Discrimination and Sexual
Harassment, someone else’s perception of an
event may differ from our own.
NSHE/UNR Policies
Against Discrimination
• All students, faculty, staff and other members of the
campus community, including non-employees and nonstudents, are subject to these policies (BOR Handbook,
Title 4, section 8, pages 1-15 and UNR Administrative
Manuel, pages 89-99).
• Individuals who violate this policy are subject to discipline,
up to and including termination and/or expulsion.
• This policy is not intended to and does not infringe upon
academic freedom in teaching or research as established in
the NSHE Code, Chapter 2.
Harassment vs. Unlawful Harassment
• Unlawful harassment involves conduct aimed at
any legally protected category: Race, Gender,
Religion, Color, Nation Origin, Age, Sexual
Orientation (in NV), Gender Identity or
Expression (in NV), Disability, Veteran Status,
and Genetic Information.
• Some unpleasant situations may not fall under
protected categories, but may still be prohibited
under NSHE/UNR Human Resource policies.
Example: A supervisor who yells at his or her
employees, or uses profane language. This may
be unprofessional, but is not unlawful.
• Being respectful in the workplace towards coworkers and others is the best way to avoid
discriminatory situations.
Unlawful Harassment is . . .
• Unwelcome
• Offensive to the recipient and/or a “reasonable
person.”
• Severe or pervasive-meaning more than a one
time occurrence excluding a battery, rape,
physical assault or in cases where there is a
pattern of conduct that might seem like a one
time occurrence to the victims.
• Prohibited under State and Federal Law.
• Does not refer to occasional compliments of a
socially acceptable nature.
Typically, discrimination and/or harassment
is not that obvious.
Sexual Harassment
and Discriminatory Behavior
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Sexual Harassment and Discriminatory Behavior can include:
– Touching, Hugging, Patting, Rubbing, Pinching, Getting too close to
someone; unwelcome sexual advances. Can be implicit or explicit.
– Sexually explicit pictures, cartoons, videos, screensavers, posters, sexual
objects/toys, pornographic magazines that are not related to someone’s
educational course, study content, syllabus
– Anything with sexually explicit language (i.e. t-shirts, music) again not
related to academic freedom
– Stalking/Indecent Exposure/Flashing
– Sexual Coercion / Sexual Assault (Title IX)
– Using racial, ethnic or gender slurs/Sexually explicit profanity
– Retaliation for Complaining of or rejecting discriminatory treatment or
sexual harassment.
One’s cultural background and upbringing are not valid
defenses to illegal behavior.
Consensual Relationship Policy
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The University of Nevada, Reno prohibits romantic or sexual
relationships in circumstances in which one of the individuals
involved is in a position of direct professional power over the
other. (Nevada Administrative Code 284.377)
A Consensual Relationship in the workplace could result in
complaints of sexual harassment where co-workers feel they
are treated unfairly based on the actions of a supervisor or
someone in authority who is engaging in a relationship with a
co-worker.
Faculty and students or supervisors and supervisees entering
into a relationship where no power differential exists should
be aware that power differentials may change, and should
avoid situations that may become exploitative.
THERE IS NO SUCH THING AS A SECRET
OFFICE OR CLASSROOM ROMANCE!!!!
Retaliation against an individual who files a complaint,
complains of discrimination or sexual harassment or
provides information in an investigation concerning
discrimination or sexual harassment is a violation of policy
and law.
Retaliatory acts may include: unwarranted disciplinary action, a
reduction in pay, denial of merit, an unfair evaluation rating,
an unfair grade, frequent and undesirable changes in the
location of an office, a bad work schedule, a dismissal or
transfer, isolation of an employee, sabotaging a person’s
work product, intimidation, threats.
No action should be taken against any employee unless it is for
a legitimate business reason.
Retaliatory complaints may be filed even if the initial
discrimination or sexual harassment complaint is not proven.
Discrimination and/or Sexual
Harassment can happen to anyone!
Discrimination and Sexual Harassment can
happen to anyone.
Regardless of your race, gender, ethnicity,
sexual orientation or age.
If you observe discrimination or sexual
harassment occurring to others, don’t
think it can’t happen to you.
Report all incidents of discrimination and
sexual harassment to the EO/Title IX
Office.
Penalties for Discrimination and
Sexual Harassment
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Discipline, which can result in termination
Loss of Time
Potential loss of Money (Legal Fees)
Embarrassment
Ruined career and reputation
Discrimination and Sexual Harassment
complaints can sometimes end up in a court
room, a police officers report, the newspaper, or
in an attorney’s office.
The penalties are real, so take this seriously.
Computer Use
There is no reasonable expectation of privacy on a
UNR/NSHE computer.
– UNR/NSHE does not monitor computer use.
– Computers may be downloaded and checked for engaging
in illegal activities and wrongdoing.
Hate Mail
Sexually Explicit Jokes or pictures
Evidence of Stalking or threatening an Individual
Please make sure you are using your computer for appropriate
uses.
Social Networks / Cell Phones
“Friending” coworkers and/or students, faculty
Facebook
MySpace
Skype
Linked-in
Twitter
Texting
“Sexting”
Supervisor’s Responsibilities
If a supervisor receives a complaint of alleged sexual harassment, or
observes or becomes aware of conduct that may constitute sexual
harassment, the supervisor must immediately contact the EO/Title IX
Office to forward the complaint, to discuss it and/or to report the action
taken. Every supervisor has the responsibility to take reasonable steps
that are intended to prevent acts of sexual harassment and
discrimination. Failure to take action may be grounds for disciplinary
action. These steps include:
Monitoring the work and school environment for signs that sexual
harassment and discrimination that may be occurring. Refraining from
participation in, or encouragement of actions that could be perceived as
sexual harassment (verbal or otherwise) or discrimination and stopping
any observed acts that may be considered sexual harassment/
discrimination, and taking appropriate steps to intervene, whether or not
the involved individuals are within his/her line of supervision.
The university has the right to take immediate action to minimize or
eliminate the work and/or school contact between the two individuals
where there has been a complaint of sexual harassment or
discrimination pending investigation.
What to do….
If you feel uncomfortable by telling someone their
conduct is unwelcome, please report the
conduct to the EO/Title IX Office, so we and/or
other appropriate individuals may intervene on
your behalf.
Anyone who feels that they have been subjected
to sexual harassment or discrimination by
anyone is encouraged – but it is neither
necessary nor required -- to promptly tell the
person that their conduct is unwelcome and ask
that they stop the conduct. Always report all
occurrences no matter how insignificant.
Any person who receives such a request must
immediately stop the behavior or actions and
comply with the request. Retaliation against the
person rejecting the conduct is prohibited under
the policies in place.
Other Resources
BCN Human Resources
Janet Damschen: 784-6978
Janine Nelson: 784-7706
Faculty Human Resources
Tim McFarling: 784-8269
School of Medicine Human Resources
Feride McAlpine: (702) 671-2210
QUESTIONS?
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