Risk Management Initiative: Equal Opportunity Module Office of the Vice President for Ethics and Compliance Office of the Vice President for Human Resources Learning Goal and Objectives GOAL: Ensure all members of the University community are treated with respect and dignity to create an environment free from discrimination & harassment • Identify classes of individuals covered by law and policy • Apply knowledge of Purdue’s policies on nondiscrimination, equal opportunity, equal access and anti-harassment to recognize and eliminate behavior that constitutes discrimination or harassment • Report child sexual abuse appropriately • Explain how an amorous relationship could negatively impact the University • Describe Purdue’s procedures for resolving complaints of discrimination and harassment Relevant Federal and State Laws • • • • • • • • • • • • • Age Discrimination in Employment Act of 1967 Americans with Disabilities Act of 1990, as amended Executive Order 11246, as amended Equal Pay Act of 1963 Genetic Information Nondiscrimination Act of 2008 Immigration Reform and Control Act of 1986 Indiana Civil Rights Act of 1971 Pregnancy Discrimination Act Sections 503 and 504 of the Rehabilitation Act of 1973 Title VI of the Civil Rights Act of 1964, as amended Title VII of the Civil Rights Act of 1964, as amended Title IX of the Education Amendments of 1972 Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended Nondiscrimination Policy Statement Purdue University prohibits discrimination against any member of the University community on the basis of: • • • • • • • • • Race Color National origin or ancestry Sex Religion Age Disability Genetic information Status as a veteran • • • • Marital status Parental status Sexual orientation Gender identity and expression Equal Opportunity Evaluate and treat all persons on the basis of: • Personal abilities • Qualifications • Other relevant characteristics Anti-Harassment • Committed to maintaining an environment that is positive and free from all forms of harassment • Harassment in all forms is unacceptable conduct and will not be tolerated Definition of Harassment Conduct towards another person or identifiable group of persons that has the purpose or effect of: • creating an intimidating or hostile environment; or • unreasonably interfering with or affecting a person’s educational environment, work environment, or participation in a University activity. Examples of Harassment • Offensive or derogatory: ‒ ‒ ‒ ‒ ‒ ‒ ‒ ‒ ‒ ‒ Objects Cartoons Posters Screensavers Comments Slurs Jokes Stories Emails Gestures • • • Unwelcome touching Leering Blocking someone’s movements Stalking Any knowing or intentional course of conduct involving repeated or continued following, threatening or intimidating another by telephone, mail, electronic communication, social media, in person or any other action, device or method that: • would cause a reasonable person to suffer substantial emotional distress or fear of bodily injury or death and • actually causes such person substantial emotional distress or fear of bodily injury or death Racial Harassment • Conduct that demonstrates hostility towards another person or identifiable group of persons on the basis of: – Race – Color – National origin or ancestry Sexual Harassment 1. Any act of sexual violence – any non-consensual sexual act, including but not limited to rape, sexual assault, sexual battery and sexual coercion. Sexual violence also includes relationship violence. 2. Any act of sexual exploitation – any act that exploits someone sexually Sexual Harassment 3. Any unwelcome sexual advance, request for sexual favors, or other written, verbal, or physical conduct of a sexual nature in certain contexts: • Quid pro quo ‒ submission is made a term or condition of employment, education, or participation in a University activity; ‒ submission to, or rejection of, is used as a factor in decisions affecting employment, education, or participation in a University activity; • Hostile environment ‒ such conduct creates an intimidating, offensive, or hostile environment; or ‒ such conduct unreasonably interferes with an individual’s employment or academic performance or participation in a University activity. Title IX • Prohibits discrimination on the basis of sex in any federally funded education program or activity • Obligates the University to: – Eliminate the harassment – Prevent its recurrence – Address its effects Report Title IX Violations Campus Title IX Coordinators West Lafayette Alysa Christmas Rollock Vice President for Ethics & Compliance 765-494-5830 titleIX@purdue.edu Calumet Linda B. Knox Director, Office of Equity & Diversity 219-989-2337 linda.knox@purduecal.edu Fort Wayne Christine M. Marcuccilli Director, Office of Institutional Equity 260-481-6106 marcuccc@ipfw.edu North Central Laura Odom Assistant Director of OIE & Training 219-785-5545 odoml@pnc.edu Reporting Child Sexual Abuse • Indiana law requires all persons age 18+ to report suspected child abuse or neglect to the police or child protective services • May also report to Contact Person – Responsible for reporting – Does not relieve individual of obligation to report • Failure to report is a Class B misdemeanor • Reports may be made anonymously at www.purdue.edu/hotline or 1-866-818-2620 Policy on Amorous Relationships Definition: • Romantic or sexual in nature • Mutual and consensual • Not married or in domestic partnership Purdue prohibits amorous relationships between a: • Student and any Purdue employee who has educational responsibility over the student • Supervisor and subordinate where there is a supervisory or evaluative relationship Amorous Relationships • Disparity of power – Consent by the student/subordinate becomes suspect – Susceptible to exploitation • Effect on others – Perceived favoritism – Others think they have to do the same – Hostile environment • Must report to department or unit head – Remove evaluative or supervisory relationship • Violations subject to discipline Resolving Complaints of Discrimination and Harassment • Report to Contact Persons: • • Department Heads and Supervisors Office of Institutional Equity (OIE) (IPFW, West Lafayette & North Central) • • • • • • • Office of Equity and Diversity (Calumet) Human Resources Dean of Students Graduate School Applies to faculty, staff, students, participants and guests Confidentiality Right/Duty to act in absence of complaint What is the Informal Resolution Process? • Notify Contact Person within 120 days • Complete Complaint Information Form • Attempt Resolution Conclusion of Informal Resolution Process The complainant may decide to stop further action The parties may come to a resolution: • apology • education • reprimand • other intervention Initiation of the Formal Resolution Process Formal Resolution Process File with the Dean of Students, Chancellor or Director of OIE Investigation Determination by the DOS, Chancellor or Director DOS, Chancellor or Director and VP/Dean impose sanctions Appeal Sanctions • Determined on case-by-case basis • • • • • • Employee Reprimand Suspension or leave of absence without pay Reassignment Demotion Denial of merit pay increase Termination • • • • Student Warning Probation Probated Suspension Expulsion • Enhancement for bias motivated behavior or administration of “rape drug” Retaliation Prohibited Individuals are protected against retaliation for: • Reporting or complaining of discrimination or harassment • Assisting or participating in an investigation • Enforcing university policies Summary Your responsibility: • Know and comply with the University’s policies and procedures • Treat all members of the University with dignity and respect to foster a community free from discrimination and harassment Conclusion Risk Management Employment Claims Initiative If you have any questions regarding this training please contact vpeceducation@purdue.edu. NOTE: In order to obtain credit for this training, you must take the RMI Module 1 certification quiz in WebCert.