Sexual Harassment Training
Just the Facts
Just the Facts
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Principles,Concepts and Definitions
Sexual Harassment and the Law
Handling the Sexual Harassment Complaint
Dangerous Words
Protecting Yourself and Preventing Sexual
Harassment
To Protect Yourself Against Charges of Sexual
Harassment
Informal Procedures
Formal Procedures
Just the Facts
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Factors to Consider in Determining
Whether Conduct Rises to the Level of
Actionable Sexual Harassment.
Severity
Conduct
Repeate
d
Gende
r
Menta
l
Report
Effec
t
Document
Behavi
or
Vocabulary
Sexual Harassment
 Quid Pro Quo
 Hostile Environment
 Unwelcome
 Reasonable Person
 Intent vs. Impact
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Sexual Harassment and the Law
Title IX—Education Amendments of
1972
Federal legislation prohibiting sex
discrimination in education; file with U.S.
Department of Education; can sue
privately on own behalf. Types of
remedies: Cut-off of federal funding to the
educational institution. Institution and
officials liable for monetary damages.
Sexual Harassment and the Law
Meritor Saving Bank v. Vinson 106
S.Ct.2339 (1986)
The U.S. Supreme Court rules that sexual
harassment violates Title VII prohibitions
against sex discrimination in employment,
and does not have to cause tangible economic
harm to be actionable. It defined a hostile
environment and delineated between
voluntariness and welcomeness.
Sexual Harassment and the Law
Title VII—1964: Civil Rights Act
Federal legislation prohibiting sexual
discrimination in employment; file with
Equal Employment Opportunity Commission
(EEOC). Types of remedies: Monetary
compensation for back pay, lost benefits, and
damages; compensatory (e.g. emotional
distress) and punitive damages; possible job
reinstatement.
Handling the Sexual Harassment
Complaint
Take the report seriously.
 Listen, sympathize, but don’t judge.
 Don’t delay.
 Respond to concerns.
 Document.
 Follow up on the complaint.
 Avoid using “dangerous words.”
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Dangerous Words
When responding to a complaint, be careful that these words don’t come out of your
mouth:
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It’s just teasing—no big deal.
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The people in our school would never do…
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I know he/she didn’t mean anything like that.
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It’s your fault for dressing so provocatively.
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You need to learn to handle these things.
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Just ignore it.
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He puts his arms around everyone.
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Why can’t you learn to accept a compliment?
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You must have wanted it, otherwise you would have told him no.
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That’s how they do things where he comes from.
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It’s just a joke. Lighten up.
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No one’s filed a charge so our hands are tied.
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We’ve never had a complaint, so we don’t have a problem.
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This kind of behavior is all part of growing up.
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It’s a matter of hormones we can’t control that
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If we had to discipline every student who used bad language we’d never get anything else
done.
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It’s just a prank that got out of hand.
Protecting Yourself and Preventing Sexual
Harassment
The following checklist can be used to examine
behavior
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Does this behavior contribute to achieving our goals?
Could this behavior hurt my colleagues or students if they were hurt?
Could this behavior be sending out signals that invite harassing
behavior on the part of others?
Would you say it in front of your spouse, parent, or child?
Would you say it if you were going to be quoted on the front page of
the newspaper?
Would you say/act the same way to a member of your same gender?
Why does it need to be said at all?
What business is it furthering?
To Protect Yourself Against Charges of
Sexual Harassment
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Keep your hands to yourself.
Don’t talk about sex on the job.
Never mix a discussion of “social life” with a job-related
counseling session, particularly if you are discussing a
disciplinary procedure or a possible upgrade, promotion, or
hire!
Keep compliments casual and fairly impersonal.
Avoid jokes, words, phrases and gestures with sexual
meanings.
Don’t assume that a friendly woman/man will be willing to go
to bed with you. Assume only that friendly people are friendly.
Respect a person’s personal space.
Policies on Sexual Harassment
Formal Procedures
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Purpose: To determine if
sexual harassment has
occurred, the culpability of the
alleged offender, appropriate
sanctions or remedies.
How Initiated: Generally the
complainant, the institution or
a third party writes charges of
sexual harassment. Usually
invoked when the behavior is
serious or repeated and not
amendable to informal
procedures.
Informal Procedures
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Purpose: To stop the behavior.
Should not be used for repeated
or serious offenses (e.g. assault).
How Initiated: Must be
complainant’s preference to use
informal procedures. Generally
do not involve written charges.
Policies on Sexual Harassment
Formal Procedures
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Investigation: Always required.
Hearing or other due process
proceeding: Yes
Outcomes: If harassment is
found a variety of sanctions may
be applied
Informal Procedures
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Investigation: Complainant and
alleged harasser may be
interviewed, but usually not
extensive investigation is
necessary
Hearing or other due process
proceeding: No
Outcomes: Generally,
harassment stops (or formal
processing of complaint is
launched). Outcomes may
include apology, promise not to
repeat behavior, transfer of one
party, voluntary resignation of
alleged harasser.
Policies on Sexual Harassment
Formal Procedures
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Advantages: Sanctions may be
invoked; more likely to increase
community awareness of
problem and institution’s
commitment to solving it; may
settle credibility issues; creates
record in event of future claims
Informal Procedures
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Advantages: Less frightening
and litigious; confidentiality
easier to maintain; less likelihood
of negative publicity; no need to
challenge motives or behaviors;
may educate harasser; no issues
of definition of sexual
harassment or credibility or the
parties; complainant may play
active role in resolution; provides
options for complainant and wide
range of sanctions; less costly
than formal proceedings; usually
less polarizing.
Sexual Harassment Assistance
Formal Procedures
 Who to Call
???
Phone
11386 Fax
???.>>>@ edu
Informal Procedures
 Who to Call
 Your Supervisor
 Your Principal
 Your Superintendent
 Human Resources
Factors to Consider in Determining whether
Conduct Rises to the Level of Actionable
Sexual Harassment
The frequency
of the conduct;
The nature and
severity of the
conduct;
Whether the
conduct
complained of was
repeated;
Whether the
conduct
complained of was
physically
threatening;
The effect of the
conduct on the
alleged victim’s
mental or
emotional state;
Whether others
joined in the
conduct;
Whether the conduct
arose in a context
where other genderrelated conduct
occurred; and
Whether the conduct
unreasonably interfered
with the alleged
victim’s work
performance.
Sexual
Discrimination
Harassment
Policy
Where to Get More Information
Local contacts here
For your own review,
reflect on the following questions.
All of the following are ways to protect
yourself from charges of sexual
harassment except _____.
a. Keep your hands to yourself
b. Don’t talk about sex on the job
c. Tell jokes with sexual meanings
2. T/F Some advantages to informal
investigations include: can be less
frightening, easier to maintain
confidentiality, and is often less polarizing
1.
Quiz
3. Who are possible sources when seeking
assistance?
a. Your supervisor
b. Superintendent
c. Human Resources
d. All of the above
4. T/F Sexual discrimination in employment
must cause tangible economic harm to be
actionable?
Quiz
5. Factors to consider when determining the
level of harassment include all of the
following except ____?
a. Whether conduct occurred after or during
duty hours
b. Nature and severity of the conduct
c. Frequency of the conduct
Answers
1. c
2. True
3. d
4. False
5. a