Sexual Harassment Prevention Training

1. Sexual Harassment Prevention Training

2. Introduction The purpose of this course is to provide training to you on the BYU-Idaho sexual harassment policy. The official policy is entitled Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior. (Policy No. 2-13) You can access the Entire policy by clicking hereThis online course consists of 38 slides and should take approximately 1 hour to complete.

3. Why Training? • Sexual harassment is against the law. • Sexual harassment is a violation of the BYU-Idaho Honor Code. (please read) • Sexual harassment is contrary to the teachings of the Church. Why Sexual Harassment Prevention Training?

4. What is BYU-Idaho's Policy? What is BYU-Idaho's Policy on Sexual Harassment? • The university prohibits sexual harassment against all persons involved in the campus community, including administrators, faculty, staff, students, visitors, vendors, contractors, and other third parties. • In addition, Title VII of the Civil Rights Act and Title IX of the Educational Amendments of 1972prohibit sexual harassment in employment and in academic settings, respectively.

5. What is BYU-Idaho's Policy? The university also prohibits unlawful gender-based discriminationand inappropriate gender-based behaviorin the workplace or in an academic setting directed at another due to that person's gender. Inappropriate gender-based behavioris conduct which violates the Church Educational System Honor Code or the individual dignity of university personnel, students, or campus visitors, but which does not rise to the level of unlawful sexual harassment or unlawful gender-based discrimination.

6. What is BYU-Idaho's Policy? Sexual harassment, unlawful gender-based discrimination, and inappropriate gender-based behavior perpetrated by students, not acting in the capacity of a university employee, is also covered by this policy and is implemented through the coordinated efforts of the Human Resources Office and the Student Honor Office. Any inappropriate behavior, as defined in the Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior Policy,may result in disciplinary actions.

7. What is the difference between: A Closer Look at the Policy 1. Sexual harassment2. Unlawful gender-based discrimination3. Inappropriate gender- based behavior

8. 1. Sexual Harassment No clear and easily applied legal definition of sexual harassment can be simply stated. However, guidelines as to what constitutes unlawful sexual harassmenthave been developed by anti-discrimination agencies such as the U.S. Equal Employment Opportunity Commission and through U.S. Supreme Court decisions. The conduct does not necessarily have to relate to sexual activity. The law forbids any treatment of an employee or student at the university that disadvantages the person only because that person is a man or a woman. Any abusive, severe, and pervasive conduct directed to one gender in the workplace or in a university academic setting may be unlawful sexual harassment.

9. 1. Sexual Harassment Unlawful sexual harassment falls into two separate categories of "quid pro quo"and"hostile environment"sexual harassment. “Quid pro quo” sexual harassment is present when: • there is an express or implied request or demand for sexual favors • there is an express or implied threat to a tangible employment or academic benefit related to the employee's or student's acceptance or rejection of the request or demand • the person making the request or demand is in a position to implement the threat

10. 1. Sexual Harassment “Hostile environment sexual harassment” is conduct directed at a person due to gender which is so severe or pervasive that it substantially and negatively interferes with the ability of the person against whom the conduct is directed to perform employment or academic functions. To constitute unlawful hostile environment sexual harassment, the harassing conduct must be excessive, pervasive, severe, or part of a continuing pattern or practice. Occasional or sporadic offensive behavior of a mild nature is against university policy and subject to disciplinary action, even though the behavior may not rise to the level of unlawful hostile environment sexual harassment.

11. 2. Unlawful Gender-Based Discrimination Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act , it is illegal to discriminate in any aspect of employment, including: • hiring and firing • compensation, assignment, or classification of employees • transfer, promotion, layoff, or recall • job advertisements • recruitment • testing • use of company facilities • training and apprenticeship programs • fringe benefits • pay, retirement plans, and disability leave • other terms and conditions of employment

12. 2. Unlawful Gender-Based Discrimination Discriminatory practices under these laws also include: • harassment on the basis of race, color, religion, gender, national origin, disability, or age • retaliation against an individual for filing a charge or participating in an investigation • employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain gender, race, age, religion, or ethnic group, or individuals with disabilities • denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability

13. 2. Unlawful Gender-Based Discrimination NOTE: Private religious institutions may be exempt from some aspects of the application of these laws. For example, BYU-Idaho reserves the right under the law to prefer members in good standing with The Church of Jesus Christ of Latter-day Saints in employment and enrollment.

14. 3. Inappropriate Gender-Based Behavior The university’s definition of “inappropriate gender-based behavior” is any inappropriate behavior in the workplace or in the academic setting directed at another due to that person's gender and which violates the Honor Code or the individual dignity of university personnel, students, or campus visitors, but which does not rise to the level of unlawful sexual harassment. This policy creates a behavioral expectation of respect and appropriateness for all university personnel, students, and campus visitors. It does not create an independent basis for a claim against the university. The conduct does not necessarily have to be sexual in nature.

15. 3. Inappropriate Gender-Based Behavior The following is a list of examples of inappropriate gender-based behavior.These behaviors, if severe and pervasive, could rise to the level of unlawful sexual harassment. • Repeated stereotypical gender-based remarks • Sexually oriented joking, flirting, or comments • Unwelcome touching or any touching of a sexual nature • Verbal or physical abuse • Graphic sexually oriented comments about an individual's body • Derogatory or demeaning comments concerning gender • Any perceived disrespectful behavior attributable to gender • Offensive or crude language • Display of objects or pictures which are sexual in nature • Persistent and unwanted attempts to change a professional and/or academic relationship into a personal one

16. 3. Inappropriate Gender-Based Behavior Dating or romantic relationships at the academic or work-related level between persons where a power differential exists (e.g., professor to student, teaching assistant to student, supervisor to employee or subordinate) should be avoided. If such a relationship exists, it should be approved by supervisors, and, as a general rule, not entered into or continued while one individual has the power to either reward or penalize the other. University personnel or students who believe they have been subjected to inappropriate gender-based behavior should follow the procedure for reporting, investigation, and resolution as outlined in the university policy.

17. Procedures for Reporting I. Employees and Campus Visitors • Persons who believe they have been subjected to unlawful sexual harassment, unlawful gender-based discrimination, or have been subjected to inappropriate gender-based behavior where the alleged perpetrator is a faculty member, administrator, staff, student employee, or a campus visitor are encouraged, if practicable and if the incident is minor and isolated, to resolve the matter directly and in private with the offender. • However, if in the sole discretion of the complainant this approach is not feasible, the incident is serious, or the misconduct is part of a continuing pattern, the complainant should report the incident to the offender's line management, who will coordinate appropriate actions with Human Resources. An individual may, at any time, bypass management and report the incident directly to Human Resources.

18. Procedures for Reporting • Administrators, deans, chairs, directors, managers and supervisors are responsible for this policy within their area of responsibility. However, they should contact Human Resources for assistance in resolving these problems. Further they should also notify Human Resources of the nature and resolution of any complaints to allow the university to track possible recurring problems. • Members of the university community who engage in minor, isolated, or inadvertent misconduct in violation of this policy should be counseled by line managementto assist them in understanding the discomfort and harm which may be caused by such behavior.

19. Procedures for Reporting II. Students • All complaints of sexual harassment, unlawful gender discrimination, and inappropriate gender-based behavior in which a student is the alleged perpetratormay be initially filed with either the Human Resources Office or the Student Honor Office. • Human Resources will review and take appropriate action in respect to any university employmentusing the same procedures as with other personnel. • The Student Honor Office will review and take appropriate action with respect to the student's standing at the university. • Upon receipt of a complaint, the Student Honor Office will review the complaint and work with the alleged violator to assist the student in understanding the discomfort and harm which may be caused by such behavior. Each case will be resolved according to established policies and procedures designed to deal with BYU-Idaho Honor Code incidents. • The above-mentioned offices will make appropriate cross referrals to the other.

20. Duty to Report Personnel or students who fail to report or to cooperate in the investigation of complaints of sexual harassment, unlawful gender-based discrimination, or inappropriate gender-based behavior may be subject to appropriate disciplinary action. The confidentiality of the reporting party will be observedprovided it does not interfere with BYU-Idaho's ability to investigate and take corrective action. Filing of false charges will be treated as a serious breach of the Honor Code, subjecting the individual making the false accusations to appropriate disciplinary measures.

21. Investigation Process I. Employees and Campus Visitors • An adequate, reliable, and impartial investigation will be undertaken in a prompt and equitable manner by the Human Resources Office and appropriate line management upon notification of alleged sexual harassment, unlawful gender-based discrimination, or inappropriate gender-based behavior involving faculty, administrative, staff, student employee, or a campus visitor as the alleged perpetrator. • If the alleged perpetrator is a student employed by the university and the alleged act occurred in the workplace, the investigation will be coordinated between Human Resources and the Student Honor Office.

22. Investigation Process • Due to the sensitive nature of such allegations and the potential for irreparable damage to a person's reputation, all charges will be investigated as confidentially as reasonably possible. The participants will be required to keep the allegations and proceedings confidential and to provide information only to those who have a legitimate need to know. • Complaining parties will be asked to verify or affirm that the facts stated in their complaint are true. • The university will, in good faith, attempt to conclude the investigation within 60 days of receiving the complaint. Both the accused and the aggrieved will be given notice of the outcome of the investigation.

23. Investigation Process II. Students • When the alleged perpetrator is a student whose alleged misconduct is not related to employment, the investigation will be handled through the Student Honor Office according to the same general investigation principles applicable to university personnel and third parties.

24. Resolution Procedures I. Employees and Campus Visitors • The resolution of complaints of sexual harassment, unlawful gender discrimination, or inappropriate gender-based behavior which cannot be resolved directly and in private with the perpetrator, or require action beyond simple counseling by line management may be sought through either an informal or formal grievance procedure. The grievance procedure will be coordinated by Human Resources. • For more details on the informal or formal grievance procedures please see the Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior Policy

25. Resolution Procedures II. Students • Complaints of sexual harassment, unlawful gender-based discrimination, or inappropriate gender-based behavior in which the alleged perpetrator is a student, not acting in the capacity of a university employee,will be resolved according to established policies and procedures designed to deal with Honor Code incidents. • If either the alleged perpetrator or alleged victim is aggrieved by a decision of the Student Honor Office with respect to an alleged violation of this policy, he/she may request a review of the decision through the regularly established Student Honor Office review process.

26. Sanctions Any violation of the Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior Policy by faculty members, administrators, staff, campus visitors, or students may result in disciplinary sanctions including termination of employment, suspension, separation from the university, being physically banned from the campus, and/or such other penalties, sanctions and impositions as may be appropriate and available to the university. In addition to any individual sanctions levied, BYU-Idaho will take the reasonable and necessary steps to correct the discriminatory effects on the aggrieved and on others, as appropriate, and to prevent the recurrence of the actions leading to the complaint.

27. Victim’s Rights A victim of sexual harassment has the right to initiate a grievance procedure against the university to be determined by fair procedures to be established by the university. External remedies may also be available to the victim under Title VII of the Civil Rights Act and/or Title IX of the Educational Amendments. Moreover, victims are encouraged to report cases involving possible criminal misconduct to the appropriate law enforcement agencies.

28. Victim’s Rights Retaliation against an individual who has filed a complaint of unlawful sexual harassment will be considered a separate violation of policy and the retaliating person may be subject to disciplinary sanction, including termination, suspension, separation from the university and being banned from campus depending upon the circumstances and severity of the retaliation. Encouraging others to retaliate also violates this policy.

29. What YouCan Do If you are the target of unwanted sexual attention or behavior: • Respond to the problem. Make your feelings absolutely clear. Sometimes people don't realize that they're being offensive. • Record the times, places, and specifics of each incident, including other people who might have observed the incident. • Report harassment to your supervisor or the Human Resources Office. If the harasser is your supervisor, go to the person who is responsible for your supervisor's actions.

30. Personal Interaction Guidelines Don't ... • address others in demeaning terms • intentionally hug or brush against another's body • rub shoulders or backs • ask probing questions about personal matters • counsel those with serious personal problems • divulge intimate details of personal life • tell sexually-oriented jokes • flirt, leer, or pinch • wear suggestive clothing

31. Personal Interaction Guidelines Do ... • have respect for all people • be sensitive to others' right to privacy • be aware of others' personal space • refer employees to appropriate resources • compliment on others' achievements and qualities • be open-minded • maintain a sense of humor • dress professionally • maintain professional relationships • be aware of the impact of your actions on others • tell others when their behavior is offensive

32. Sexual Harassment Prevention Quiz 1. Confidentiality is guaranteed to the extent possible, to A. The person charged with sexual harassment B. The person who alleges sexual harassment C. Those investigating the charges D. All of the above 2. Sexual harassment does not have to relate to sexual activity alone. It can include treating an employee or student in a way that disadvantages them only because of the person’s gender. True False 3. Only physical acts by one employee against another are considered sexual harassment. True False 4.If I do not mean to sexually harass another employee, they should not perceive my actions as sexual harassment. True False

33. Sexual Harassment Prevention Quiz 5. Sexually suggestive pictures or objects in a workplace should not create a liability unless someone complains. True False 6. A supervisor can claim sexual harassment against a subordinate employee/student even if the supervisor is in a position to fire/flunk the subordinate/student. True False  7. Acts of aggression, intimidation, hostility, rudeness, name-calling, or other types of abusive conduct directed towards one gender can be sexual harassment, even though no sexual gestures or words are used. True False 8. The two primary types of sexual harassment are A. Quid pro quo and hostile environment B. Sexual advances and dirty jokes C. Supervisor to employee and employee to employee

34. Quiz Answers • D • True • False • False • False • True • True • A

35. End For more information, please refer to the BYU-Idaho Sexual Harassment Policy on the internet. If you have questions about the university's policy on sexual harassment, please contact the BYU-Idaho Human Resources Office (ext. 1700). Please send an email totraining@byui.eduto confirm that you have completed this training. Thank you!

36. References: EEOC BYU-Idaho Policy 2-13 BYU-Idaho Legal Council