Sexual Harassment - Office of Human Resources | | Oregon State

Recognizing and Responding to
Sexual Harassment
“As we work to make Oregon State University a safe, inclusive, and
nurturing community for all of us, it is imperative that we end any
form of harassment on campus. I expect each and every member of
the OSU community to become informed about harassment and to
take responsibility for preventing harassment in all its forms.”
--Oregon State University President Ed Ray
Office of Equity and Inclusion
Learning Objectives
At the end of this online module, you will
understand:
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What sexual harassment looks like and how it is defined
by Oregon State University (OSU).
How to respond if you experience sexual harassment,
including how to access resources.
What your responsibilities are if you learn of or have
reason to believe that sexual harassment is occurring.
How OSU works to address and prevent sexual
harassment.
Office of Equity and Inclusion
Revised: August 3, 2012
Still a Problem?
Despite the low numbers of formal complaints, surveys and direct evidence
gathered by OSU and other institutions show that sexual harassment is a serious
problem. Examples include:
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Workplace estimates of sexual harassment range from 40 to 75 percent.
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Men and women are equally likely to be harassed; however, both men and
women are most likely to identify a man as the alleged harasser.
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Lesbian, gay, bisexual, and/or transgender employees are more likely to
experience sexual harassment than heterosexual employees.
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Individuals with disabilities are more likely to experience sexual harassment.
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Most people report that they are harassed by someone with greater positional
power.
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More than one-third of individuals do report sexual harassment to someone
who can respond.
Data from American Association of University Women 2005 Survey
and the Thompson Educator’s Guide to Controlling Sexual Harassment
Why is it Underreported?
Some of the reasons why individuals do not report sexual
harassment include:
 Worry about not being believed.
 Fear about having done something to “deserve” the
harassment.
 Distrust that anyone can or will help.
 Worry about confidentiality.
 Concern about bad reactions like not getting a raise or
losing a job.
 Uncertainty about where to seek help.
 Lack of understanding about the definition of sexual
harassment.
Office of Equity and Inclusion
Revised: August 3, 2012
Applicable Laws
Some of the relevant laws and regulations include:
 Title VII of the Civil Rights Act of 1964, as Amended
which prohibits employment discrimination on the basis
of sex.
 Title IX of the Education Amendments of 1972 which
prohibits sex discrimination in educational institutions
that receive federal funding. Sexual harassment, which
includes acts of sexual violence, is a form of sex
discrimination prohibited by Title IX.
 Additional state and local laws.
Office of Equity and Inclusion
Revised: August 3, 2012
OSU’s Definition of Sexual Harassment
Sexual Harassment is defined as:
Unwelcome* sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature when:
 Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual’s employment or education;
 Submission to or rejection of such conduct by an individual is used as
the basis for employment or education-related decisions affecting such
an individual; or
 Such conduct is sufficiently severe or pervasive that is has the effect,
intended or unintended, of unreasonably interfering with an individual’s
work or academic performance because it has created an intimidating,
hostile, or offensive environment and would have such an effect on a
reasonable person of that individual’s status.
*Employee conduct directed towards a student–whether unwelcome or welcome–can constitute
sexual harassment under OAR 580-015-0010(2).
Quid Pro Quo Harassment
There are two types of sexual harassment: quid pro quo and
hostile environment.
Quid pro quo:
 Latin for “this for that” or “something for something”
 Refers to an exchange
Example 1: An exchange between employees, where one is asked
to provide sexual favors in exchange for something else such as
favorable treatment in work assignments, pay, or promotion.
Example 2: An exchange between a faculty member and a student
where the student is asked by the faculty member to engage in a
romantic relationship or receive a failing grade in the class.
Office of Equity and Inclusion
Revised: August 3, 2012
Hostile Environment Harassment
There are two types of sexual harassment: quid pro
quo and hostile environment. The factors that
determine whether an environment is hostile include:
 Subjective Experience
Does the person who experienced the behavior think that
the environment is hostile?
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Reasonable Person Standard
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Is the behavior severe and/or pervasive?
Would another person in a similar situation identify the
behavior as sexual harassment?
Office of Equity and Inclusion
Revised: August 3, 2012
Hostile Environment Harassment (continued)
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Adverse Effect
It is not necessary for the harasser to mean to cause
discomfort. It only matters that the effect of their
behavior is harmful (i.e., an intimidating, uncomfortable,
or hostile environment is created).
Office of Equity and Inclusion
Revised: August 3, 2012
What Can it Look Like?
Sexual harassment involves conduct that is about sex or
sexuality, or that is directed at someone because of their sex.
Examples of behavior that is about sex or sexuality can
include:
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Making sexual comments, jokes, gestures, or looks.
Displaying sexual pictures, photographs, or Web pages.
Sending sexual text and/or picture messages.
Spreading rumors, such as those about an individual’s sexual
behavior or sexual orientation.
Touching, grabbing, or pinching in a sexual way.
Asking someone to do something sexual in exchange for something
else (Quid pro quo harassment).
Office of Equity and Inclusion
Revised: August 3, 2012
Other Examples of Sexual Harassment
Sexual harassment involves conduct that is about sex or
sexuality, or that is directed at someone because of their
sex.
Examples of behavior that is directed at someone because
of their sex can include:
 Making sexist or homophobic comments.
 Pressuring someone to engage in an unwanted
relationship.
 Giving unwelcome gifts.
 Treating someone differently based on their sex.
Office of Equity and Inclusion
Revised: August 3, 2012
Sexual Violence
Sexual violence is also considered a form of sexual
harassment.
Sexual violence is sexual or gender-based behavior
that is unwanted and/or nonconsensual, and has the
effect of producing harm. It includes behavior along a
continuum of severity, from offensive comments to
physical violence, including but not limited to rape.
Office of Equity and Inclusion
Revised: August 3, 2012
Your Responsibilities
As an employee of Oregon State University, you are
responsible for responding appropriately.
 If you receive information about or have reason to
believe that sexual harassment is:
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Occurring/has occurred on university property or during a
university activity, or
Being/has been committed by a university community
member (student/staff/faculty), then
Contact the Office of Equity and Inclusion (OEI).
It is not your responsibility to determine what happened or the
appropriate outcome.
Office of Equity and Inclusion
Revised: August 3, 2012
What Will I Be Asked to Share?
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If the alleged perpetrator is a university employee
(faculty, staff, and in some instances student
employees), you will be required to provide
information about the alleged perpetrator’s identity so
the university can determine an appropriate response.
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If the alleged perpetrator is unknown or is not a
university employee, you will be asked to provide nonpersonally identifiable information for required recordkeeping purposes.
Office of Equity and Inclusion
Revised: August 3, 2012
Confidentiality
It can be difficult for anyone who experiences sexual
harassment to tell someone.
If someone makes a report, it is important that you:
 Inform them of their options;
 Address their concerns; and
 Tell them that you will respect their privacy while
letting them know that you may have a limited
ability to ensure full confidentiality.
Office of Equity and Inclusion
Revised: August 3, 2012
What to Say: Sample Statement
It is important to communicate the limits to your ability to
maintain confidentiality as soon as possible in the conversation.
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If individuals would prefer to speak with someone
confidentially, your role is to help connect them to someone
who can maintain confidentiality before identifying
information is disclosed.
Sample statement:
“I will respect your privacy; however, I am not a confidential resource.
If you would like to speak to someone confidentially, I can help you find
the right person to talk to. If you would like to continue talking with me
and you tell me details about what happened, who was involved,
and/or where it happened, I will need to consult with the Office of
Equity and Inclusion to share some of that information.”
Office of Equity and Inclusion
Revised: August 3, 2012
Response Guidelines
If someone tells you about an experience of sexual
harassment you should:
 Take the individual seriously.
 Address the individual’s concern.
 Respond with care.
 Be fair and reserve judgment about the individuals
involved.
 Offer resources, including the OEI.
 Consult with the OEI.
Office of Equity and Inclusion
Revised: August 3, 2012
Contacts & Resources
(Resources are available as a printable file following this module.)
Office of Equity and Inclusion
541.737.3556
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Confidential support, counseling, and advocacy:
 Center Against Rape and Domestic Violence (CARDV)
541.754.0110
 Sexual Assault Support Services (SASS) (students only) 541.737.7604
 Employee Assistance Program (employees only)
800.433.2320
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Reporting options
 Oregon State Police at OSU
 Student Conduct and Community Standards
541.737.3010
541.737.3656
In case of emergency
 OSU Department of Public Safety
 If you witness violence or are in immediate danger
541.737.7000
911
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Office of Equity and Inclusion
Revised: August 3, 2012
Your Own Behavior
We each have the responsibility to treat others with respect.
The most important thing you can do is to refrain from
engaging in any harassing behavior and not tolerate such
behavior from others.
If someone tells you that s/he experiences your behavior
toward her/him as harassment, regardless of your intent:
 Listen carefully and take the complaint seriously.
 Respond in an appropriate and professional manner; don’t
get defensive or try to justify your actions.
 Leave the individual alone if you are asked to do so.
Office of Equity and Inclusion
Revised: August 3, 2012
Your Own Behavior (continued)
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Discuss with your supervisor or the OEI how to
manage situations where there is a business necessity
to interact with the individual.
Express regret for any offensive behavior and agree to
treat people appropriately.
Speak with a manager or someone else who can
facilitate a conversation if you feel wrongly accused or
misunderstood.
Avoid any actions that could be seen as retaliatory
toward the complainant.
Office of Equity and Inclusion
Revised: August 3, 2012
Retaliation
Individuals are protected from retaliation when engaged
in certain activities.
 Protected activities include:
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Expressing a concern to an appropriate authority;
Filing a complaint; or
Participating in an investigation.
Actions considered to be retaliation include:
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Taking or threatening to take an unfavorable employment
action.
Withholding or threatening to withhold a favorable
employment action.
Engaging in actions that could deter complaints.
Office of Equity and Inclusion
Revised: August 3, 2012
How Must OSU Respond?
As an employer and educational institution, OSU has a
responsibility to respond to any complaints of sexual
harassment quickly and fairly, to immediately correct the
situation, prevent its recurrence, and address its effects.
The office charged with investigating complaints of
harassment is the Office of Equity and Inclusion. The
investigation process involves:
 Meeting with individuals involved;
 Deciding what happened; and
 Determining an appropriate response.
Office of Equity and Inclusion
Revised: August 3, 2012
Possible Outcomes/Sanctions
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If harassment is found:
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Counseling/education
Warning
Reprimand
Denial of merit raise
Transfer
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Denial of promotion and/or
tenure
Transfer
Suspension
Termination
Although sanctions may be necessary, they are not always
adequate. We must also:
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Strive to eliminate a hostile environment created by the
harassment;
Address the effect of the misconduct; and
Take reasonable steps to ensure that the harassment does not
recur.
Office of Equity and Inclusion
Revised: August 3, 2012
Strategies to Prevent Harassment
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Create an atmosphere of respect.
Be aware of the potential unintended effects of your
own behavior.
Model appropriate behavior.
Publicize policies and expectations.
Schedule training.
Create an environment where all feel empowered to
voice concerns.
Be clear that harassment of any type will not be
tolerated.
Office of Equity and Inclusion
Revised: August 3, 2012
Review of What You’ve Learned
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The following 4 slides will provide you with a
review of some important points to remember
about recognizing and responding to sexual
harassment.
Office of Equity and Inclusion
Revised: August 3, 2012
Review
Which of the following is not a common reason why sexual
harassment is underreported?
A. Individuals fear having done something to “deserve” the
harassment.
B. Individuals have limited options because OSU has no formal
process for reporting sexual harassment.
C. Individuals do not trust that anyone can or will help.
D. Individuals may fear retaliation.
Correct answer is B. There are many reasons why sexual
harassment is underreported; however, OSU does provide a
formal reporting process. The Office of Equity and Inclusion is
responsible for responding to complaints of sexual
harassment.
Office of Equity and Inclusion
Revised: August 3, 2012
Review (continued)
An example of Quid pro quo harassment is:
A. Spreading rumors about the sexual behaviors of a co-worker.
B. An exchange where one co-worker regularly asks another coworker to lunch.
C. An exchange between a supervisor and employee where the
employee is asked to provide sexual favors in exchange for a
promotion.
D. Displaying sexual pictures, photographs or Web pages.
Correct answer is C. “Quid pro quo” describes harassment
where submission to conduct of a sexual nature is either
explicitly or implicitly a term or condition of employment .
Office of Equity and Inclusion
Revised: August 3, 2012
Review (continued)
Which of the following is not a factor in determining whether
an environment is hostile?
A. The subjective experience of an individual who thinks the
environment is hostile.
B. Whether another person in a similar situation would
identify the behavior as sexual harassment.
C. A consideration of the nature of the conduct and how
often it occurred.
D. A consideration of whether the harasser meant to cause
discomfort.
Correct answer is D. It is not necessary for the harasser to
mean to cause discomfort. What matters is that the effect of
the behavior is harmful.
Office of Equity and Inclusion
Revised: August 3, 2012
Review (continued)
If a supervisor receives information about or has reason
to believe that sexual harassment is occurring, s/he
must:
A. Consult with the Office of Equity and Inclusion.
B. Investigate further to assess whether there really is
harassment.
C. Keep the information confidential.
D. Immediately discipline the harasser.
Correct answer is A. Supervisors must consult with the
Office of Equity and Inclusion, which is the office
responsible for responding to complaints of sexual
harassment.
Office of Equity and Inclusion
Revised: August 3, 2012