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MnSCU 1B.1 Equal Opportunity and Nondiscrimination Policy

MnSCU 1B.1 Equal Opportunity and Nondiscrimination Policy. “Respect for yourself, Respect for others and Responsibility for your actions.” ~ Dalai Lama. MnSCU 1B.1 Nondiscrimination Policy. Discrimination. Treats someone differently

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MnSCU 1B.1 Equal Opportunity and Nondiscrimination Policy

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  1. MnSCU1B.1Equal Opportunity and Nondiscrimination Policy

  2. “Respect for yourself, Respect for others and Responsibility for your actions.” ~ Dalai Lama

  3. MnSCU 1B.1 Nondiscrimination Policy

  4. Discrimination • Treats someone differently • Based on individual’s protected class status • Interferes with, or limits the ability of a person to participate in, or benefit from, the services, activities, or privileges provided by the college • Otherwise adversely affects the person’s employment or educational experience

  5. Harassment • Unwelcome verbal or physical conduct directed at another • Because of that individual’s protected class status • That unreasonably interferes with the individual’s work/academic performance • Sufficiently severe, pervasive or persistent • Purpose of creating a hostile work or educational environment

  6. Retaliation • No retaliation, reprisal or intimidation in conjunction with a complaint of discrimination/ harassment shall be tolerated by the system office, colleges and universities.

  7. Consensual Relationships • An employee of Minnesota State Colleges and Universities shall not enter into a consensual relationship with a student or an employee over whom he or she exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence.

  8. Sexual Harassment / Sexual Discrimination

  9. Sexual Harassment/ Discrimination is Prohibited by • Federal Law • Title VII and IX of the Civil Rights Act • State Law • Minnesota Statutes Section 363.01, et. Seq. • MnSCU policy • 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education Policy and Procedure

  10. Sexual Harassment/ Discrimination is defined as • Unwelcome • Different treatment • Interfere

  11. MnSCU Policy Further Defines Sexual Harassment as • Unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, 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.

  12. Conditions of Harassments • Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions; • Such conduct has the purpose of threatening an individual’s employment; unreasonably interfering with an individual’s work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.

  13. Quid Pro Quo: “This For That” • Subjected to unwelcome requests for sexual favors or conduct • Submission to the conduct is a condition of employment, education, benefit, etc. • The harasser generally has some type of supervisory or power relationship over the person being harassed

  14. Hostile Environment • The verbal or physical contact was unwelcome • The hostile action must be because of the victim’s gender • It results in an adverse effect on terms and conditions of employment or education • It is severe and repetitive • It creates an offensive work or educational environment

  15. Key Elements of Sexual Harassment • Regarded as unwelcome and unsolicited • Based on gender (not necessarily sexually motivated) • Deliberate or repeated • Verbal, physical, pictures or objects

  16. Facts About Sexual Harassment • The victim as well as the harasser may be a man or a woman • The victim does not have to be of the opposite sex • The harasser can be the victim’s supervisor, faculty, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct • The harasser’s conduct must be unwelcome

  17. Physical Forms of Harassment • Inappropriate touching: holding, grabbing, hugging, patting, fondling, kissing, pinching • “Accidental” collisions or brushing up against • Physical Assault • Sexual Assault

  18. Verbal Forms of Harassment • Language/posters with sexual innuendo • Offensive graphic jokes • Taunting • Comments and/or questions about a person’s sexual behavior • Persistent suitor • Comments of a sexual nature • Unwelcome pressure for sexual activity • Request for sexual favors accompanied by threats (implied or overt) or promises of preferential treatment

  19. Non-verbal/Mental/Behavior • Unlawful or inappropriate Internet use • Offensive gestures or motions • Leering • Displaying or circulating sexually suggestive cartoons, letters, or pictures

  20. Possible Consequences To The Harasser • Internal disciplinary action • Civil Lawsuit • Criminal record (5th degree sexual assault for pinching, touching, etc.)

  21. Workplace Can Include • Any place an employee must be to do their job: • Buildings • Conferences • State vehicles • Trainings • Harassment can also be investigated when it occurs during unpaid breaks (lunch) and at “company” parties (picnics, retirement and holiday parties, etc.).

  22. MnSCU 1B.1.1 Complaint Procedure • Purpose • Provide a process for individuals to pursue allegations of discrimination or harassment. • Stop complained of behavior - timely and effective • Resolve disputes between parties, if possible • Fact finding • Sanction individuals for violating MnSCU’s 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education Policy and Procedure as deemed necessary

  23. Reporting Discrimination/Harassment • Encourage to report as soon as possible • Administrators and supervisors must report incidents of discrimination/harassment • Students, faculty and employees are strongly encouraged to report incidents of discrimination/harassment

  24. Investigation • Information is gathered • Investigative report is written and submitted to a decisionmaker • Decisionmaker determines if policy has been violated and if it has, determines appropriate disciplinary action

  25. Sanctions Violations of laws/policies may result in disciplinary action including, but not limited to: • Suspension • Demotion • Termination • Court/settlement fees

  26. System Perspective On Harassment • Harassment is illegal • Harassment won’t be tolerated • Harassment creates personal financial liability, loss of reputation, possible loss of employment

  27. Prevention Responsibilities • Establish and maintain an environment free of harassment/discrimination • Examine your own behavior and lead by example • Identify potential troubling behaviors and attitudes in the institution • Take appropriate action

  28. Continuing Training • The training program is available at: http://www.hr.mnscu.edu/initiative/shp2/SHP2.html • The program is offered through the Desire2Learn (D2L) system. Information for rolling out this training can be found at: http://www.hr.mnscu.edu/campushrstaff/Sexual_Harassment_Tr.html

  29. EOD Office Founders Hall 315651.793.1270http://www.metrostate.edu/applications/drep/files/Policy_Procedure1B.1.pdf • Truly Webb,Affirmative Action Officer • 651.793.1272Guadalupe SanchezOffice Manager • 651.793.1270

  30. Thank You.

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