Creating a Culture of Respect

1. Creating a Culture of Respect At Gettysburg College Jennifer Lucas and Regina Campo, Co-Directors of Human Resources Bill Lafferty, Executive Director of DPS Jennifer McCary, Director of Student Rights and Responsibilities

2. Today’s Session • Introduction • Why Create a Culture of Respect? • Definition of Harassment and Discrimination • Impact of Harassment and Discrimination in the Workplace • Clery Act • Title IX • Reporting Procedures • Resources Available to Students and Employees • Scenario/Group Discussion • Homework

3. Why Is The Title “Creating a Culture of Respect” Important? • The College values the “worth and dignity of all people”. • Our goal is to create an environment that is permeated with respectful interactions leading to an atmosphere that promotes collegiality and productivity in the workplace. • We value individuals for who they are and the contributions they make to the College community. • Plus it is the right thing to do.

4. Creating a Culture of Respect Amongst our Faculty and Employees

5. What is Employee Harassment & Discrimination? Harassment • Tangible Employment Action (formerly Quid Pro Quo) • Actions that result in monetary loss, adverse change in workload or work assignment or loss of a professional advancement opportunity • Hostile Environment • Verbal or physical conduct of a sexual nature • Conduct that is unwelcome • Conduct that is severe or pervasive enough that a reasonable person would find it creates a hostile working environment.

6. What is Employee Harassment & Discrimination? Discrimination • Unfair treatment of a person or persons within a legally protected group on a basis other than individual merit such as: • Treating a person with a certain attribute less favorably than a person without the attribute in similar circumstances • Imposing a requirement or practice with which a person with a certain attribute does not or can not comply • Imposing tougher performance standards on people within a legally protected class.

7. What are the Legally Protected Groups? Sex, Race, Color, Religion, National Origin, Age, Disability While sexual orientation, gender identity and gender expression are not currently protected by either state or federal law, the College has, at its discretion, chosen to recognize these as protected classifications within our College community.

8. The College’s Declaration: Gettysburg College assures equal employment opportunity and prohibits discrimination on the basis of race, color, national origin, gender, religion, sexual orientation, gender identity, gender expression, age, and disability.

9. Who can be a victim of Harassment? • Anyone can be a victim. • Everyone is protected by harassment laws.

10. What are some examples of prohibited behavior? • Racial or ethnic jokes • Unwanted touching from another person • Unwanted sexual comments or advances • Obscene language or gestures • Derogatory remarks about a person’s age • Making fun of a person’s disability • Demeaning comments about someone’s religious beliefs • Stalking, bullying, cyber-bullying, etc

11. What is the impact of harassment and/or discrimination? • Loss of productivity • Negative atmosphere • Low morale • Higher employee turnover • Costly lawsuits • Adverse media attention • Damaged reputation

12. What is retaliation? Adverse action or treatment after engaging in a protected activity, such as reporting an incident or participating in an investigation • The one accused of retaliation had to have known about the claimant’s protected activity • There needs to be a causal link established between a protected activity and the adverse action or treatment

13. What are some examples of retaliation? • Being denied a promotion or receiving a demotion • Being excluded from special projects • Being terminated from employment • Receiving a poor performance evaluation • Realizing a salary or benefits reduction • Being ridiculed or bad mouthed

14. Possibility for Individual Liability • Harassment lawsuits often name both the institution and the harasser as separate defendants. Case of Fluet v. Harvard University and Professor John R. Koch – the Massachusetts Commission Against Discrimination ordered Koch to pay $25,000 out of his own pocket for sexually harassing a graduate teaching assistant. Similarly, a PA jury absolved a university of liability but held a professor at West Chester U. liable for sexually harassing a student and awarded $120,000 to the student.

15. Helping our Students Create a Culture of Respect

16. Clery Act

17. Overview of the Clery Act What is the Clery Act? • The Clery Act (signed into law in 1990) Requires: • A public record of crimes on and around campus • The reporting of crimes to DOE • The disclosure of statistics and security policy statements to current and prospective students and employees • Timely warnings and alerts of certain crimes • The publication and distribution of an annual report

18. Overview of the Clery Act Why the Concern about Crime Reports? • Institutions may be suppressing crime information to avoid negative publicity • Individuals need accurate information to protect themselves from violence and crime • The intensifying scrutiny at Penn State brings this Act to the forefront

19. Campus Security Authority Who Must Report? Any campus officials designated as a Campus Security Authority (CSA) The law broadly interprets “significant responsibility for student and campus activities” to ensure thorough reporting of crimes.. Defined by function, not title: • Significant responsibility for student AND campus activities • Contact with students

20. Who Isn’t a CSA? The following are not Campus Security Authorities: • Administrative staff not responsible for students (e.g., payroll, facilities) • Clerical staff • Individual faculty who do NOT serve as advisors to registered student organizations • Doctors, Health Center staff, or Counselors in the Counseling Center, who only provide care to individual students

21. What Must We Report? • Criminal homicide (murder and manslaughter) • Sex offenses, forcible & non-forcible • Aggravated assault • Robbery • Burglary • Motor vehicle theft • Arson • Hate crimes, including any of the above crimes, or any other crime causing bodily injury,if motivated by hate

22. Required Campus Communications & Alerts • Timely warnings – safety alerts • Emergency notifications – EMNS • Daily Logs • Annual Security Report • Reports on campus crimes to DOE

23. Reporting Emergencies and Crimes • All crimes/emergency incidents occurring on campus should be reported immediately to DPS to ensure an appropriate response • DPS has primary responsibility for investigating, documenting, and reporting crimes occurring on campus property • Significant incidents of violence, specifically sexual assaults, are reported to the GPD for criminal investigation

24. Title IX Requirements • Anti-discrimination law • Began its roots in athletics – equal gender representation • Requires institutions to fully investigate all incidents of sexual harassment, discrimination, sexual misconduct, and sexual assault • Identifies mandatory reporting processes

25. Title IX Reporting Implications & Considerations • Training for staff and faculty around reporting requirements – lack of understanding • Ensuring cross-divisional and departmental reporting • Establishing clear reporting structures for staff and faculty – beyond already existing student policies • Transparent institutional policies for all constituencies • Determining reporting requirements – who must report versus who is encouraged to report** • If student perceives employee as someone who could impact decision or outcome – then mandatory reporter.

26. Reporting Three things must be accomplished by colleges in response to a report: • Stop the behavior immediately • Prevent a recurrence, and • Address the effects of the harassment on the victim and community

27. Title IX Clery and Title IX Reporting Comparison Clery Designated CSA’s required to report Concerned with Clery specific crimes • All employees are mandatory reporters with a few exceptions • Concerned with the sole reporting of sexual harassment, misconduct, and sexual violence – including sexual assault

28. Title IX Clery and Title IX Reporting Comparison Clery Date, time, location, and incident type required to be reported Concerned with reported crimes – not necessarily investigatory outcomes or dispositions All reported crimes may not be investigated • All facts and details known (including name of involved parties) required to be reported • Concerned with reported crimes and investigatory outcomes/dispositions • All reported crimes must be investigated

29. Title IX Officer and Deputies • Title IX Compliance Officer: • Jane North, Executive Vice President • Title IX Deputy Compliance Officers: • Bill Lafferty – Director of Public Safety • Jen Lucas & Regina Campo – Co-Directors of HR • Jennifer McCary – Director of Student Rights & Responsibilities • Jack Ryan – Vice Provost • Andy Vogel – Athletics

30. Agenda and Time-Line Moving Forward • Establish reporting and compliance task force – (Completed) • Identify a compliance officer and team – (Completed) • Develop communications addressing PSU scandal and highlight reporting processes – (Completed) • Establish senior leadership oversight to prevent siloed reporting – (Completed) • Develop and promulgate applicable institutional policies – (Fall ‘12) • Establish and conduct staff and faculty training – (Fall ‘12)

31. What follow-up will occur once a complaint is filed? Co-Director of Human Resources, the Vice Provost or the Title IX Deputy Coordinator will: • Inform the alleged respondent about the College’s policy regarding such behavior, and advise respondent that retaliation is prohibited. • Promptly, thoroughly, and impartially investigate the complaint considering all relevant information and circumstances. • Maintain confidentiality throughout the investigation to the extent practical and consistent with the College’s need to undertake a full and impartial investigation.

32. What follow up will occur once a complaint is filed? • Advise both the complainant and respondent the outcome of the investigation. • Make a final determination as to whether a College policy has been violated and, if appropriate, administer disciplinary action. • If harassment is found to have occurred, immediate and appropriate action will be taken to stop the harassment, prevent its recurrence, and correct its effects.

33. Resources Available to Faculty and Students Faculty/Employees: Students: • Immediate Assistance: DPS, Gettysburg Police or Survivors • Confidential Report: Counseling/Health Services • Official Report: Any faculty member, administrator, or supervisor; Student Rights & Responsibilities; Residence Life; Academic Advising; Women’s Center; College Life • Dept. Chair or Manager • Co-Director of HR or Vice Provost who are Title IX Deputies • Any Title IX Deputy Coordinator

34. Community Concern Webform http://www.gettysburg.edu/reportconcern/

35. Scenario/Group Discussion • Rebecca fails an exam in your course and comes to your office distraught. Rebecca begins to share that she was distracted because of something that happened to her this past weekend. She is asking for an opportunity to retake the exam. You ask her what has her distracted and she says this guy Andrew has been flirting with her all year and she ran into him at a party. Rebecca admits that she was flirting with Andrew and danced with him most of the night.

36. Scenario/Group Discussion continued • Rebecca says “Around 12:30 a.m., I left Andrew to find a bathroom. He said that I was slurring my speech and asked if I was drunk. I ignored him and when I returned from the bathroom, we begin flirting more heavily and moved to a couch. As the conversation continued, we relaxed and became more physically affectionate. Andrew suggested we go back to his room, and I agreed.”

37. Scenario/Group Discussion continued • “As we walked down the stairs, I thought he was such a gentleman for offering his arm for support because I was really unstable. When we got to his room, Andrew led me to the bed and we begin to kiss. I remember feeling a little disoriented. After that I only recall waking up the next morning in my room. I think that we had sex but cannot piece together the events leading up to it. I didn’t want to have sex with him, I was only planning on making out.”

38. Scenario/Group Discussion continued • How would you respond to Rebecca? • Would you allow her to get through her entire story? • What information should you provide before she leaves your office? • What if Rebecca told you that she has reported this to the police and they are looking into it? Does that change your response? • What steps would you take after meeting with her?

39. Scenario Follow-up • Would you allow her to get through her entire story? • It would be best to stop Rebecca the moment that you can tell her story may be personal and something that you may have to report. Explain to her that you are interested in hearing her story so that you can better understand her request, however, you are a mandatory reporter meaning that you will have to share this information with a Title IX Coordinator. • What information should you provide before she leaves your office? • Take a look at your Title IX Report Card. • You will want to be certain that she knows to contact DPS, visit the Health and Counseling Centers, contact the Director of Student Rights and Responsibilities, visit www.gettysburg.edu/sexualmisconductresource for more information or submit a report at www.gettysburg.edu/reportconcern.

40. Scenario Follow-up • What if Rebecca told you that she has reported this to the police and they are looking into it? Does that change your response? • This does not change your response. Be sure to provide her with campus resources and report what she has shared with you. • What steps would you take after meeting with her? • Immediately write down whatever facts she has given you. You don’t have to take notes in front of her, however, it is important to recall any names, dates, locations, and specifics she may have provided. • Contact the Title IX Coordinator or any Title IX Deputy Coordinator to submit a report, or; • Report online at www.gettysburg.edu/reportconcern. • Keep this information to yourself. Only share with those who absolutely need to know.

41. United Educators Online Assignment http://elearning.ue.org

42. Creating a Culture of Respect Questions?