sexual harassment complaints: cultural & procedural differences in response please use your...
TRANSCRIPT
Sexual Harassment Complaints:Cultural & Procedural Differences in Response
Please use your smart phone, iPAD or lap top to participate in pollingSmart Phone – Go to app store and download ResponseWareInternet access- Go to responseware.com
Session ID is 420578
Sexual Harassment Complaints:
Cultural & Procedural
Differences in Response
CWUJoseph Bryant
Gail Farmer
Student Success
Human Resources
• Main campus in Ellensburg
• 9 extension locations• 10,800 students• 1500 employees• 1500 student employees
Gail Farmer
Manager,Equal
Opportunity &
Affirmative
Action
Joseph Bryant, Executive DirectorStudent Rights, Responsibilities andHealth Promotion
Student Success receives a complaint
Female student makes an appointment to complain about how she is being treated by a faculty member and her advisor.
During meeting she indicates that amongst other issues she has, she feels that she is being discriminated against because she is a female.
Sexual harassment by a faculty member…this is a referral to HR!
Student comes to EO investigator. She complains that she is mistreated by faculty member who seems to be an urban legend with respect to his behavior to students. She describes some behaviors that she agrees does not meet the threshold of sexual harassment.
Equal Opportunity (HR) receives referral
Why did I get this referral? Faculty member may be behaving badly, but it doesn’t constitute SH.
I need to refer this back to Student Success
Student meets with Student Success to discuss Academic Grievance. In discussing basis for why the student feels she was graded unfairly, she discusses inappropriate behaviors exhibited by the faculty member that could potentially be sexual harassment. Student Success continues to assist with Academic Grievance.
This is definitely inappropriate behavior by a faculty member. I need to follow up with HR again.
Student Success contacts EO to clarify additional concerns inappropriate behavior that wasn’t initially provided by the student. Based on info provided by Student Success, clearly a need to investigate further.
I wonder why the student didn’t share the level of detail regarding potential SH with me.
I should meet with her and a support person together.
I don’t know who I can talk to?
Emergence of Sexual Harassment as key “health” issue in Higher Education
Title IX, Dear Colleague Letters
White House Task Force
VAWASaVE ActClery Act
High Profile Media Attention
Learning Objectives
• Factors that create Conflict
• Strategies the mitigate conflict
and promote understanding
• Comparative investigation
tactics
What do you think are the advantages or disadvantages of an investigation being performed by Human Resources or Student Conduct Slide
Primary Concerns/Focus
• Student Conduct:• Student Rights• Victim/Complainant support &
resources• Due Process• Student Development• Safety
• Human Resources:• Full compliance with all
federal and state civil rights laws, Equal Opportunity mandates including Title IX
• CWU community members to be treated with dignity & respect
Same overall Goal
Key Differences
Key Differences
Academic v HR
Scope of Authority
Human Resources
Equal Opportunity Policies and Programs• Equal Opportunity and Affirmative Action Policy Statement• Title IX: Discrimination and the Basis of Sex and Sexual
Misconduct• Nondiscrimination Policies and Programs Pertaining to
Students• Reasonable Accommodation of Persons with Disabilities• Sexual Harassment• Gender Equity• Discrimination Complaint and Resolution
Equal Opportunity Investigation uses the
“Preponderance of Evidence Rule” and either finds
evidence to support the allegations or not sufficient
evidence.
If sufficient evidence the respondent is found to have
likely violated CWU Equal Opportunity policies and the
appropriate appointing authority makes any
disciplinary decisions.
Student Conduct
• Student Code of Conduct• Primary source of authority
• Student Behavior• On & Off Campus
• Other University Policies• Sexual Harassment• Student Employment
Student Conduct• Receive Complaint• VPRC Outreach• Investigation• Single Investigator
• Outcome• Determine if responsible• Assign sanctions
• Appeal• Review Officer or Hearing
Board
Human Resources (EO)• Retaliation• Confidentiality/Public
Records• Expectation of
cooperation• No investigation/Informal
resolution /Investigation• Appeal
Comparison of Procedures
"Professionals involved in the issue of sexual assault must hold within themselves a paradox: while everyone who reports deserves to be believed, everyone who is accused deserves to be treated “ innocent until proven guilty." Best practice requires that we believe all victims for numerous reasons including that the rate of false accusations is very small and because investigations and hearings are likely to be more successful when we "start by believing." This is in addition to our moral responsibility to treat victims of crimes with respect and sensitivity and to not re-victimize them by treating them with suspicion.
A victim-sensitive process serves all in the end, including to improve investigations and to surface facts, including in the unlikely event of an actual false accusation. At the same, time we must also treat the accused with sensitivity and compassion and not assume guilt until it is proven. To "hold this contradiction" requires maturity on our part and also that we train our communities to both believe victims and to withhold judgement when an accusation is made."
Scenario One
Complaint received about student employee engaging in inappropriate contact of a sexual nature in the work place with a variety of student employees and professional staff.
Scenario Two
Faculty member reports being “flashed by” a student after class who then promptly left.
Scenario Three
Information was received regarding a potential sexual assault of a student by a pair of RAs in their building. Information originated from video surveillance within the building. No complaint or contact was filed from the potential victim.
Action Steps Taken
• Joint Trainings• Internal & External• Quarterly at minimum
• Policies & Procedures• Reviewed & Amended• Increased Collaboration/Communication
Action Steps Taken - Coordination
• Title IX Team• Deputy Coordinators• Student Conduct Representation – Assistant Director
• Local community• HR representation on community coalition• MOU’s with law enforcement to include HR
• Student Consultation Team & Threat Assessment Team• Title IX Coordinator/HR Director Representation
Action Steps Taken - Support
• Violence Prevention & Response Team• Wellness Center & Case Management• Student Resources
Lessons Learned
• Whenever a student is involved- over- communicate.• Overcome silos/iron
curtain by communicating, making compromises, sharing responsibility.• Be solution rather
than problem focused.
• Joint trainings and updates at least on a quarterly basis.
• Devote time to “team building” to strengthen trust and professional relationships.
• Review & revise policies & procedures to minimize confusion
Joseph Bryant, Executive DirectorStudent Rights, Responsibilities andHealth [email protected]
Gail FarmerManager,Equal Opportunity & Affirmative [email protected]
