Harassment and Discrimination Prevention Complaint Handling and Conflict

Harassment and Discrimination Prevention, Complaint Handling and Conflict Resolution Maggie Sloane Associate Director, Compliance and Conflict Resolution (540) 231 -8771 msloane@vt. edu Office for Equal Opportunity 336 Burruss Hall – 0216 Blacksburg, VA 24061 (540) 231 -7500 Main Office (540) 231 -9460 Text Telephone (540) 231 -8510 FAX www. oeo. vt. edu

Topics n n n Policy overview Introduction to conflict resolution Handling discrimination or harassment situations Minimizing perceptions of harassment or discrimination Training opportunities, including online resources

VT Anti-Discrimination and Harassment Prevention Policy Mutual respect: core value in Principles of Community. VT prohibits discrimination or harassment on protected characteristics: age • color • disability • gender (inc. pregnancy) • national origin • political affiliation • race • religion • sexual orientation • veteran status •

VT Anti-Discrimination and Harassment Prevention Policy (cont. ) Prohibition applies to all levels and areas of University operations and programs, e. g. : students • administrators • faculty • staff • volunteers • vendors and contractors •

Definitions of Harassment 1. “Sexual coercion [quid pro quo]”: Unwelcome conduct of a sexual nature when… n Employment or educational decisions based on accepting or rejecting conduct • “Welcomeness” depends on complainant, not intent of respondent • Always sexual • Power difference • Beware “consensual” relationships

Definitions of Harassment (cont. ) 2. “ ‘Hostile’ or Intimidating Environment”: • Unwelcome behavior that unreasonably interferes with work; academics. • At VT, based on protected characteristic, incl. sex • Reasonable person find hostile, threatening or intimidating. • Respondent may be a peer

Impact v. Intent n n n Intent is not relevant in determining whether behavior is harassment. What matters is impact of behavior on work environment. The statement, "I didn't mean anything by it, " is not a valid defense of harassing behavior. However, intent can be a factor in choosing corrective action

Everyone should expect to be treated with… n n n Respect Fairness Dignity

Options: • Informal resolution • Formal processes

Informal Resolution— Possible options: n Speaking directly to respondent n Seeking assistance from • Supervisor • Human resources professional • Faculty member • Employee Assistance Program • Administrator • Women’s Center • OEO • Conflict resolution, including mediation

Features of informal resolution: n n n n Ordinarily is less disruptive. Takes less time Affords more privacy Less risky Parties usually have more control over outcome (with exceptions) More likely to allow parties to associate in future. Can allow win/win solutions Can provide model for future dispute resolution.

Formal resolution—sometimes appropriate: n n n n OEO Formal investigation by OEO Formal complaint to OEO State Employee Grievance Procedure Federal EEOC/ State Human Rights State Office of Equal Employment Services Police Litigation

If Supervisor is Aware of a HR Provost Situation n n OEO “Doing nothing” is always the wrong response; Treat claim seriously, no matter how “improbable” you think it is. Do not assess credibility; Inform and get help from appropriate resources immediately; Confidentiality cannot be assured, but protect privacy. Share information only on need-toknow basis; Act promptly. Don’t wait formal or written complaint!

Retaliation, by Respondent or management, violates VT policy and is illegal. And don’t penalize or discourage… n n n Bringing a complaint/grievance Consulting with other offices Complaining to outside agencies Contacting the police Consulting a lawyer or filing a lawsuit

To avoid creating perceptions of harassment/discrimination n Treat staff, colleagues and students with respect and dignity. Avoid embarrassing people; Get help promptly with performance problems. HR Insist that people treat each other with respect, in your area or others;

To avoid creating perceptions of harassment/discrimination (cont. ) n n Maintain a professional relationship; Avoid personal comments or issues —yours or theirs Continue to set and model standards of behavior when on VT business— even off campus, in the field, at conferences, and overseas. There is no “ 300 mile limit”.

Special note on sexual harassment of students: “Notice” to Institution …if a responsible employee ‘knew, or in the exercise of reasonable care should have known, ’ about the harassment.

What is a “responsible employee”? Any employee who… n has the authority to take action to redress harassment, n has the duty to report to appropriate school officials sexual harassment or other misconduct, or n a student could reasonably believe has this authority or responsibility. JA OEO

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