code of conduct: diversity, inclusion, harassment, retaliation

CODE OF CONDUCT:DIVERSITY, INCLUSION,

HARASSMENT, RETALIATION

A PRESENTATION BY:MELISSA AUBERLE, JD | LABOR RELATIONS COMPLIANCE SPECIALIST

University of Toledo Mission Statement

The mission of The University of Toledo is to improve the human

condition; to advance knowledge through excellence in learning,

discovery and engagement; and to serve as a diverse, student-centered

public metropolitan research university.

University Core Values:

Compassion, Professionalism and Respect: Treat every individual with kindness, dignity and care; consider the thoughts and ideas of others inside and outside of the University with a strong commitment to exemplary personal and institutional altruism, accountability, integrity and honor.

University Core Values:

Diversity, Integrity and Teamwork: Create an environment that values and fosters diversity; earn the trust and commitment of colleagues and the communities served; provide a collaborative and supportive work environment, based upon stewardship and advocacy, that adheres to the highest ethical standard.

Diversity embedded in the institution

Offices and Programs

Office of InclusionOffice of Equity and

DiversitySexual Harassment

AdvisorsADA College LiaisonsMandatory Diversity

TrainingCultural Competence

Training

Official University Documents

MissionValuesStrategic PlanCommitment to DiversityUniversity Policies

Office of Inclusion Responsibilities

✤ Review all Employment actions

✤ Title IX Officer

✤ ADA Investigations

✤ Sexual Harassment

✤ Discrimination

✤ Retaliation

Title IX, What is it?

Title IX of the Education Amendments of 1972

“No person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal

financial assistance.”

Obligations Under Title IX

✤ Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate.

- 60 calendar days to complete an investigation

✤ If sexual violence has occurred, prompt and immediate steps to end the sexual violence, prevent it’s recurrence and address its effects MUST be taken.

Sexual Violence & Hostile Environment

✤ Sexual Harassment creates a hostile environment if the conduct interferes with or limits a student’s ability to participate in or benefit from the school’s program.

✤ One incident of sexual harassment (i.e. rape, sexual assault) can create a hostile environment.

✤ A school must take immediate action if it knows or reasonably should know that sexual harassment has occurred.

✤ Must take reasonable steps to identify, prevent and remediate

Reporting

✤ Students may report complaints of sexual misconduct by another student to:

✓Dean of Students Office

✓UTPD & Office of Public Safety

✓University Counseling Center

✓Housing and Residence Life

✓Title IX Coordinator

✓Any staff or faculty member

✤ Whether event occurs on campus or off campus

Our Partners

✤ Office of Student Affairs and The Office of Inclusion are working together to streamline processes and reporting of incidents

✤ Five employees are receiving training from the YWCA to become advocates to help students navigate this process.

✤ The Office of Inclusion is working with Office of Student Affairs to develop additional training on campus to address this issue.

Sexual Harassment

The University is committed to a Sexual Harassment-Free Environment

Policy

Power / Authority IXitle

t

Sexual Harassment or Sexual Violence and the Warning Signs

Whistling or making cat calls at someone

Making sexual comments about a person’s clothing or body

Telling sexual jokes or stories

Asking personal questions about sex life, fantasies, preferences or history

Repeatedly “asking out” a person who is not interested

Sexual Harassment | Verbal

Sexual Harassment or Sexual Violence and the Warning Signs

Turning work/class discussions to sexual topics

Telling lies or spreading rumors about a person’s personal sex life

Making sexual propositions, insults or threats

Referring to an adult woman or man as a hunk, doll, babe, honey, etc.

Calling someone by a sexually oriented demeaning name

Sexual Harassment | Verbal

Sexual Harassment or Sexual Violence and the Warning Signs

Giving personal gifts of a sexual nature

Paying unwanted attention to someone, such as: staring, following, blocking a person’s path, etc.

Making facial expressions, such as: winking, throwing kisses or licking Displaying sexually suggestive visuals, such as: drawings, pornography, screen saver, calendars, cartoons, etc.

Making sexual gestures with hands or through other body movements

Sexual Harassment | Non-Verbal

Sexual Harassment or Sexual Violence and the Warning Signs

Content of a sexually manner in emails, text messages, letters, notes or Facebook

Sexual Harassment | Non-Verbal

Graffiti that is of a sexual nature or sexually abusive

Looking up a skirt or down a blouse

Sexual Harassment or Sexual Violence and the Warning Signs

Hanging around, standing close or brushing up against a person

Touching a person’s clothing, hair or body

Massaging a person (ex. giving a neck and shoulder massage)

Touching or rubbing oneself sexually around another personHugging, kissing, groping, pinching, stroking, squeezing, tickling, fondling

Sexual Harassment | Physical

Off Campus Conduct

The University does not wish to interfere with anyone’s personal life. However, conduct away from the University community can still affect

the University community. Accordingly, the definition above and the examples of sexual harassment below apply to behavior during

working hours and non-working hours, including University-sponsored programs, seminars,

conferences, business trips or business-related social events, and conduct that occurs directly or indirectly via telephone or other electronic

communication through the internal or external mail system (including email) and other forms of

communication.

Required Actions...

✤ Recognize and Respond to Sexual Harassment

- Quid Pro Quo Harassment = Latin term that literally means “this for that”;A teacher or employee conditions an educational decision or benefit on the student’s submission to unwelcome advances.

- Hostile Environment Harassment (requires further assessment) = Faculty and employees OR other students or third parties can engage in this type of harassment.

Office of Academic access and the Office of Inclusion

work along with the ADA/504 Coordinator to

resolve conflicts or barriers to compliance

Americans with Disabilities Act (ADA) PREVENTS DISCRIMINATION IN:

RecruitmentHiringPromotionPay

Education/trainingJob assignmentsBenefitsFiring

Discrimination

✤ Actions based solely on race, religion or ethnicity can subject the University to liability.

✤ Complaints of discrimination are investigated by the Office of Inclusion.

✤ Faculty should make every attempt to create a classroom environment that is inclusive and welcoming to all students and all perspectives.

Non-Retaliation Policy

The University of Toledo is committed to protecting all faculty, staff, students and

volunteers from interference with making a protected disclosure of wrongdoing and from

retaliation for making such a disclosure or refusing an illegal order as defined by our

non-retaliation policy.

Retaliation

Any adverse action against an individual because he or she has made in good faith a protected disclosure or has participated in an investigation, proceeding or hearing involving protected disclosure.

Practical Application

In week 12 you offer a pop quiz, upon passing out the quiz a student indicates “unannounced assessments are not mentioned on the syllabus, I am unable to take the test and require assistance because of her disability”.

What do you do?

Practical Application

You are teaching a statistics course and discussing probability, you decide to break the class into groups- by race….

Good idea?

Practical Application

You are teaching a foreign language course and you value conversational use of the language in class?

[Do you have many boyfriends?][I bet you have many boyfriends.][Do you have a big bed?]

Questions