office of institutional equity/eeo preventing harassment nmsu respects office of institutional...
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Office of Institutional Equity/EEOPreventing Harassment
NMSU RESPECTSOffice of Institutional Equity/EEO
“PREVENTING HARASSMENT in the Academic and /or Workplace
Setting ”
Office of Institutional Equity/EEOPreventing Harassment
Training etiquette:
Please make sure all cell phone ringers, radios, blackberries and iPhones are turned off when possible
Please keep side conversations to a minimum
Please raise your hand to ask questions or offer comments
Office of Institutional Equity/EEOPreventing Harassment
OIE/EEO overview:
Review and process EEO-based claims of discrimination and harassment
1. OIE investigates claims of discrimination 2. Presents the facts in a report to the
Provost (or designee) 3. The Provost (or designee) makes the
determination Serve as liaison with EEOC, NM HRB, OCR Initial point of contact for Employee ADA
Petition for Accommodation Ensure implementation of NMSU’s Affirmative
Action Plan Training
Office of Institutional Equity/EEOPreventing Harassment
OIE/EEO staff:
Gerard R. Nevarez, Executive Director [email protected]
Angela M. Velasco Associate Director [email protected]
Agustin DiazAssociate Director [email protected]
Christina R. GomezAdmin. Asst. Special/[email protected]
Senaida CollinsAdmin. Asst. [email protected]
Office of Institutional Equity/EEOPreventing Harassment
OIE/EEO contact information:
Mailing AddressNMSU-OIE/EEOP.O. Box 30001, MSC 3515Las Cruces, NM 88003
Physical Address:O’Loughlin House1130 E. University Las Cruces, NM 88003
Internal-Department
MSC 3515
Office Telephone
(575) 646-3635
TDD/TTY
(575) 646-7802
Office Fax
(575) 646-2182
Office Email Address
Website
eeo.nmsu.edu
Office of Institutional Equity/EEOPreventing Harassment
Objectives:
Recognize forms of EEO-based harassment
Understand what to do if harassment occurs
Knowledge of prevention and corrective measures
Understand NMSU’s harassment policy and complaint procedures
Office of Institutional Equity/EEOPreventing Harassment
Preventing harassment is an important issue: Against the law and NMSU Policy
Harassment free academic and/or workplace setting
Costs
Office of Institutional Equity/EEOPreventing Harassment
Federal Laws:
The Civil Rights Act of 1964 – Title VII Prohibits discrimination based on: race, color, religion, sex, and national origin
Americans with Disabilities Act of 1990 (as amended)
Age Discrimination in Employment Act of 1967
Equal Pay Act of 1963
Genetic Information Nondiscrimination Act (GINA) of 2008
Office of Institutional Equity/EEOPreventing Harassment
Title IX (1972)-Applies to Academic Environment: Enforcement:
US Department of Education, Office for Civil Rights
Prohibits: Sexual misconduct Gender discrimination Sexual harassment Retaliation
Office of Institutional Equity/EEOPreventing Harassment
State Discrimination Law:
N.M. Human Rights Act (1969)
In addition to the federal protected areas the state covers: sexual orientation, gender identity, ancestry, spousal affiliation, and serious medical condition.
Office of Institutional Equity/EEOPreventing Harassment
Related NMSU Policies:
2.05.10 – Gender Equity and Title IX Compliance
3.22 – Conflicts of Interest Arising from Consensual Relationships
3.25 –Discrimination, Harassment and Sexual Misconduct on Campus
3.30 – Disability Accommodations
3.99 – Prohibition of Hazing and Hostile Misconduct
Office of Institutional Equity/EEOPreventing Harassment
Discriminatory practices:
Discrimination in employment decisions
EEO-based harassment
EEO-based retaliation
Office of Institutional Equity/EEOPreventing Harassment
Who can commit harassment?
Supervisor
Co-workers
Faculty/Staff (including TA’s, RA’s, GA’s, etc.)
Students
Vendors
Office of Institutional Equity/EEOPreventing Harassment
First type of harassment:
The hostile academic and/or work environment is:
Severe and pervasive behavior that unreasonably interferes with academic or job performance. It creates an offensive or intimidating academic and/or work environment.
Harassment of a person based on his or her sex, race, religion, color, national origin, age, physical or mental disability, sexual orientation, or other protected status is a form of discrimination.
Office of Institutional Equity/EEOPreventing Harassment
Second type of harassment:
Quid Pro Quo:
“Something for something” – This usually occurs within a supervisor and employee work relationship.
It can also occur within a faculty and student academic and/or work relationship.
Office of Institutional Equity/EEOPreventing Harassment
What is EEO-based harassment?
For “harassment” to be considered a violation, it must be ALL of the following:
Related to a protected category UnwelcomeOffensive to a reasonable person in the recipient’s position
Severe or pervasive
Office of Institutional Equity/EEOPreventing Harassment
Examples of EEO-based harassment:
Circulating cartoons or making remarks offensive to persons with disabilities
Taunting individuals of foreign origin
Ethnic or racial slurs and jokes
Age comments such as “you’re as old as dirt”
Religious proselytizing
Office of Institutional Equity/EEOPreventing Harassment
What is sexual harassment:
Behavior of a sexual nature
That is unwanted or unsolicited
Office of Institutional Equity/EEOPreventing Harassment
Sexual harassment behavior:
Nonverbal – no words are said, but a sexual message is sent
Verbal – using words to harass
Physical – touching, etc.
Office of Institutional Equity/EEOPreventing Harassment
Non-verbal example of sexual harassment: Elevator eyes
Blocking a person’s path
Following the person
Unwelcome gifts
Displaying sexually suggestive visuals
Winking, throwing kisses, licking lips
E-mails, internet usage, social media sites
Office of Institutional Equity/EEOPreventing Harassment
Verbal examples of sexual harassment: Whistling, cat calls
Sexual jokes, stories, or comments
Sexual fantasies, preferences, history
Repeated requests for dates
Kissing sounds, howling, and smacking lips
Compliments
Terms of endearment
Office of Institutional Equity/EEOPreventing Harassment
Physical examples of sexual harassment: Giving a massage
Touching the person
Hugging, kissing, patting, stroking
Touching oneself/exposure
Brushing up against a person
Office of Institutional Equity/EEOPreventing Harassment
Other things to think about:
Same-sex harassment
Reasonable person standard
The overly sensitive employee
Personality conflicts
Part of Workplace Ethics
“Knew or should have known”
Vicarious liability
Office of Institutional Equity/EEOPreventing Harassment
Role of employees/students:
Take advantage of employer’s preventive and corrective opportunities
Inform the person that the behavior is not welcomed
Familiarize yourself with the reporting process
Office of Institutional Equity/EEOPreventing Harassment
Role of supervisors/faculty:
Take complaints/issues seriously
Take action if appropriate
Do not wait for complaint
Seek assistance when necessary
Office of Institutional Equity/EEOPreventing Harassment
Filing a complaint: Internal - within 15 working days of the incident
(646-3635) http://eeo.nmsu.edu/discrimination-grievance/
EEOC (federal) – within 300 calendar days of the incident (1-800-669-4000) http://www.eeoc.gov/employees/charge.cfm
NM-HRD (state) – within 300 calendar days of the incident (1-800-566-9471) http://www.dws.state.nm.us/LaborRelations/HumanRights/FilingaComplaintofDiscrimination
OCR (Office for Civil Rights) – within 180 calendar days of the incident (1-800-421-3481) http://www2.ed.gov/about/offices/list/ocr/complaintintro.html
Office of Institutional Equity/EEOPreventing Harassment
Office of Institutional Equity/EEOPreventing Harassment
Can confidentiality be guaranteed? Confidentiality cannot be
promised.
The complainant’s identity may need to be revealed to conduct the investigation.
To the extent possible, every effort will be made to safeguard confidentiality, consistent with reporting obligations and the need to investigate promptly and thoroughly.
Office of Institutional Equity/EEOPreventing Harassment
Summary: The goal is to educate students,
faculty, and/or employees in order to promote and maintain a harassment-free academic and/or work environment
Students and/or employees must immediately report any behavior/incident of harassment
Managers/supervisors/faculty must immediately address and correct any reported or known harassment activity. Notify OIE
Office of Institutional Equity/EEOPreventing Harassment
A parting thought:
RESPECT