SEXUAL HARASSMENT PREVENTION _ RESOLUTION TRAINING 2009

SEXUAL HARASSMENT PREVENTION & RESOLUTION TRAINING 2009 Office of Sexual Harassment Prevention & Resolution http://worklife.ucsf.edu/oshpr/index.html Joyce Hammel, Administrative Officer 3333 California Street, Suite 293 San Francisco, CA 94143-1264 415.476.5186 ph 415.502.4233 fax PREVENTING SEXUAL HARASSMENT Agenda I. II. III. Overview Objectives What is Sexual Harassment Definitions (legal) Practical Examples Perceptions, Myths and Facts Impact in the Workplace Responsibility and Liability IV. Policy, Procedures and Resources OBJECTIVES OF THIS PROGRAM Sexual harassment is a serious issue in the workplace. It has a negative impact on the victim, can result in disciplinary action (including termination) for the harasser, and can create legal liability for the employer. No one wins. The objectives of this program are: 1. To define and recognize sexual harassment in the workplace by developing an understanding of sexual harassment, its subtle forms, and how it impacts people; 2. To explore the responsibility of each employee to help maintain an environment free from harassment by being aware of behaviors that can offend people, and by clearly communicating that offensive behavior must stop; 3. To understand the role of a supervisor / manager in addressing sexual harassment in the workplace; 4. To develop an environment where employees respect and value each other 5. as individuals; 6. To be able to access campus resources; and 7. To understand the organization’s Policy and Procedures on sexual harassment. -1- THE LEGAL DEFINITION OF SEXUAL HARASSMENT FEDERAL Sexual harassment is a form of gender discrimination and violates both Title VII of the 1964 Civil Rights Act as well as State discrimination laws. The Equal Opportunity Commission (EEOC) is the federal agency that enforces the federal law. The EEOC’s guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: 1) Submission to such conduct is made an implicit or explicit condition of employment; 2) Submission to or rejection of such conduct affects employment opportunities; or 3) The conduct interferes with an employee’s work or creates an intimidating, hostile, or offensive environment. STATE California Fair Employment and Housing Act (FEHA) regulations of the California Administrative Code states: (1) Harassment includes but is not limited to: (A) (B) Verbal harassment, e.g., epithets, derogatory comments or slurs on a basis enumerated in the Act; Physical harassment, e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on a basis enumerated in the Act; or Visual forms of harassment, e.g, derogatory posters, cartoons, drawings on a basis enumerated in the Act; or Sexual favors, e.g., unwanted sexual advances which condition an employment benefit upon exchange of sexual favors. Making or threatening reprisals after a negative response to sexual advances. (C) (D) (E) Further, as of January 1, 2000, FEHA Expanded the definition of “supervisor”: - has authority to hire, transfer, suspend, layoff, recall, promote, discharge, reward or discipline other employees OR - responsibility to direct them OR - adjust their grievances OR - recommend such action if exercising judgement requires independent judgement (not routine or clerical) Prohibits sexual harassment in professional business or service relationships: - attorney-client - landlord/property manager-tenant - banker-customer - doctor-patient Complainant is not required to request the behavior to stop. -2- THE PRACTICAL DEFINITION OF SEXUAL HARASSMENT In practical terms, there are two kinds of sexual harassment: Quid Pro Quo: Where employment decisions or expectations (e.g., hiring decisions, promotions, salary increases, shift or work assignments, performance expectations) are based on an employee’s willingness to grant or deny sexual favors. Examples of quid pro quo harassment: Demanding sexual favors in exchange for a promotion or a raise. Disciplining or firing a subordinate who ends a romantic relationship. Changing performance expectations after a subordinate refuses repeated requests for a date. Hostile Environment: Where verbal or nonverbal behavior in the workplace: (1) focuses on the sexuality of another person or occurs because of the person’s gender, (2) is unwanted or unwelcome and (3) is severe or pervasive enough to affect the person’s work environment. To determine whether conduct rises to the level of sexual harassment, ask the following questions: 1. Is the conduct unwelcome? 2. Does the conduct affect the working environment? And consider the “reasonable person” standard from the victim’s point of view. -3- EXAMPLES OF SEXUAL HARASSMENT The following behaviors, if they are unwelcome, severe or pervasive can be sexual harassment. Hostile Environment: VERBAL Derogatory comments of a sexual nature or based on gender Off-color jokes or teasing Comments about clothing, personal behavior, or a person’s body Sexual or gender-based jokes Requesting sexual favors Repeatedly propositioning for dates Terms of endearment Sexual innuendoes Telling rumors about a person’s personal or sexual life Repeated requests for dates PHYSICAL Impeding or blocking movement Following a person Inappropriate touching of a person or person’s clothing Grabbing Leaning on a person Kissing, hugging, patting, stroking Comments about body parts or sex life Touching – brushes, pats, hugs, shoulder rubs or pinches Assault / rape* NONVERBAL Staring, leering, stares or gestures Looking up and down Derogatory gestures of a sexual nature Following a person Facial expressions of sexual nature Excessive attention in the form of love letters, telephone calls or gifts VISUAL Posters, cartoons drawings, pictures of a sexual nature Electronic bulletin boards / computer graphics/e-mails Suggestive pictures, posters, calendars or cartoons • Beyond sexual harassment hostile environment, sexual assault and rape are felonious acts and subject to penal code violations. -4- Typical Sexual Harassment Cases: (per State of California, Department of Fair Employment & Housing) The three most common types of sexual harassment complaints filed with the Department are those in which: • An employee is fired or denied a job or an employment benefit because he/she refused to grant sexual favors or because he/she complained about harassment. Retaliation for complaining about harassment is illegal, even if it cannot be demonstrated that the harassment actually occurred. An employee quits because he/she can no longer tolerate an offensive work environment, referred to as a “constructive discharge”. If it is proven that a reasonable person in the victim’s position, under like conditions, would resign to escape the harassment, the employer may be held responsible for the resignation as if the employee had been discharged. An employee is exposed to an offensive work environment. Exposure to various kinds of behavior or to unwanted sexual advances alone may constitute harassment. • • -5- LIABILITY and RESPONSIBILITY Quid Pro Quo Harassment: • • Harasser is always liable Employer is always liable Hostile Environment: • • • Harasser is always liable Employer is liable for harassment by owner / high level manager involved Employer and manager / supervisor is liable for harassment by supervisor, coworker or outsider if: 1. Knew or had reason to know, and 2. Failed to take prompt effective action • No liability for unknown harassment if: 1. Had a policy against harassment; 2. Had a proper complaint procedure; and 3. Communicated disapproval of harassment to employees Additionally, California Government Code section 12940: requires an entity to take “all reasonable steps to prevent sexual harassment from occurring.” If an employer has failed to take such preventive measures, that employee can be held liable for the harassment. As of January 1, 2001, Section 12940 is further amended: (3) an employee of an entity subject to this subdivision is personally liable for any harassment prohibited that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action. -6- LIABILITY and RESPONSIBILITY STATE TORT LAW (Tort = personal wrong vs. criminal wrong) Individuals can also file civil lawsuits alleging violations of state and/or federal civil rights laws once the federal or state enforcement agency has been contacted and the agency has issued a right to sue letter. Tort laws vary from state to state. Some torts include: • • • • • • • Intentional infliction of emotional distress Assault and battery Wrongful discharge Defamation Invasion or privacy Breach of contract Breach of covenant of good faith and fair dealing Potential liabilities may include: • • • • • • Injunctive relief Back pay Special damages General damages Punitive damages Attorney’s fees and costs The information here is not intended to be all-inclusive. It provides an overview of potential liabilities. Contact the assigned department or individual within your organization for advice. -7- LIABILITY and RESPONSIBILITY FEDERAL Quid Pro Quo Harassment* Even when no tangible employment action occur Unfulfilled threats occur (but no harm to employee) Severe and pervasive conduct, (blurs the line between quid pro quo and hostile environment) • • Employer could be liable (even if it didn’t know of the supervisor’s behavior) Employee must use policy and procedures (opens up “shared responsibility” for employer and employee) Where employer: Provides effective mechanisms for reporting and resolving Uses reasonable care to mitigate the behavior (takes prompt and effective action) • Employer may not be liable (if employee [victim] did not take steps to avoid harm) Behavior / conduct of a coworker = supervisor STATE As of August 2000, California legislature approved a bill that makes employees personally liable for abusing coworkers. • Per U.S. Supreme Court decisions (federal statutes) as of July 1998, 2 cases Ellerth and Faragher -8- TERMS Sexism: Gender bias: Discrimination: An attitude or belief that one gender is superior or inferior to the other gender. Prejudice in attitude and / or behaviors based predominantly on gender. Employment or academic decisions or disparate treatment that are primarily or solely based on a particular characteristic of an individual, e.g., gender, race, sexual orientation. Internal or institutional decisions (academic, work, or service-related) that are primarily or solely based on a person’s or group’s gender . Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. (A form of sex discrimination.) Basing employment or academic decisions or terms and conditions of employment, education, or provision of services on submission to or rejection of sexual harassment. Behavior that ridicules, denigrates and / or harasses a person because of his / her gender. Unwelcome sexual or gender-based behavior that is not directed at the individual, but is in that person’s environment. Actual or threatened reprisal against a person who complains or intends to complain of sexual harassment. Retaliation can also occur against a person who assists or participates in the investigation of a complaint of sexual harassment. Sex discrimination: Sexual Harassment: Quid pro quo Sexual Harassment: Sex-based harassment: Third party Sexual harassment: Retaliation: -9- University of California Office of the President December 2004 UNIVERSITY OF CALIFORNIA POLICY ON SEXUAL HARASSMENT A. Introduction The University of California is committed to creating and maintaining a community where all persons who participate in University programs and activities can work and learn together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Every member of the University community should be aware that the University is strongly opposed to sexual harassment, and that such behavior is prohibited both by law and by University policy. The University will respond promptly and effectively to reports of sexual harassment, and will take appropriate action to prevent, to correct, and if necessary, to discipline behavior that violates this policy. This policy applies to the University of California campuses, the DOE Laboratories, the Medical Centers, and the Office of the President, including Agriculture and Natural Resources, and all auxiliary University locations (the locations). B. Definition of Sexual Harassment Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person’s employment or education, unreasonably interferes with a person’s work or educational performance, or creates an intimidating, hostile or offensive working or learning environment. In the interest of preventing sexual harassment, the University will respond to reports of any such conduct. Sexual harassment may include incidents between any members of the University community, including faculty and other academic appointees, staff, coaches, housestaff, students, and nonstudent or non-employee participants in University programs, such as vendors, contractors, visitors, and patients. Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex. In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred. This policy covers unwelcome conduct of a sexual nature. Consensual romantic relationships between members of the University community are subject to other University policies, for example, those governing faculty-student relationships are detailed in the Faculty Code of Conduct.1 While romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to charges of sexual harassment, subject to this policy. Harassment that is not sexual in nature but is based on gender, sex-stereotyping, or sexual orientation also is prohibited by the University’s nondiscrimination policies2 if it is sufficiently severe to deny or limit a person’s ability to participate in or benefit from University educational programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work or academic environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the The Faculty Code of Conduct, Academic Personnel Manual (APM) section 015. University of California Nondiscrimination and Affirmative Action Policy Regarding Academic and Staff Employment; Nondiscrimination and Affirmative Action Policy Statement for University of California Publications Regarding Employment Practices; Academic Personnel Policy 035, Affirmative Action and Nondiscrimination in Employment; Personnel Policies for Staff Members 12, Nondiscrimination in Employment; University of California Policies Applying to Campus Activities, Organizations, and Students; and Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters. 1 2 University may take into account acts of discrimination based on gender, sex-stereotyping, or sexual orientation. C. Retaliation This policy also prohibits retaliation against a person who reports sexual harassment, assists someone with a report of sexual harassment, or participates in any manner in an investigation or resolution of a sexual harassment report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education. D. Dissemination of the Policy, Educational Programs, and Employee Training As part of the University’s commitment to providing a harassment-free working and learning environment, this policy shall be disseminated widely to the University community through publications, websites, new employee orientations, student orientations, and other appropriate channels of communication. The locations shall make educational materials available to all members of the University community to promote compliance with this policy and familiarity with local reporting procedures. In addition, the locations shall designate University employees responsible for reporting sexual harassment and provide training to those designated employees. Generally, such persons include supervisors, managers, academic administrators, deans, department chairs, student advisors, graduate advisors, residence hall staff, coaches, law enforcement officers, student judicial affairs staff, counselors, and health center staff. Each location shall post a copy of this policy in a prominent place on its website. E. Reports of Sexual Harassment Any member of the University community may report conduct that may constitute sexual harassment under this policy. In addition, supervisors, managers, and other designated employees are responsible for taking whatever action is necessary to prevent sexual harassment, to correct it when it occurs, and to report it promptly to the Title IX Compliance Coordinator (Sexual Harassment Officer) or other appropriate official designated to review and investigate sexual harassment complaints. An individual also may file a complaint or grievance alleging sexual harassment under the applicable University complaint resolution or grievance procedure (University of California Procedures for Responding to Reports of Sexual Harassment, Appendix I: University Complaint Resolution and Grievance Procedures). F. Response to Sexual Harassment The locations shall provide a prompt and effective response to reports of sexual harassment in accordance with the University of California Procedures for Responding to Reports of Sexual Harassment (Procedures). A prompt and effective response may include early resolution, formal investigation, and/or targeted training or educational programs. Upon findings of sexual harassment, the University may offer remedies to the individual or individuals harmed by the harassment consistent with applicable complaint resolution and grievance procedures (Procedures, Appendix I: University Complaint Resolution and Grievance Procedures). Such remedies may include counseling, an opportunity to repeat course work without penalty, changes to student housing assignments, or other appropriate interventions. Any member of the University community who is found to have engaged in sexual harassment is subject to disciplinary action up to and including dismissal in accordance with the applicable University disciplinary procedure (Procedures, Appendix II: University Disciplinary Procedures) or other University policy. Generally, disciplinary action will be recommended when the harassing conduct is sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits the opportunity to participate in or benefit from educational programs. Any manager, supervisor, or designated employee responsible for reporting or responding to sexual harassment who knew about the harassment and took no action to stop it or failed to report the prohibited harassment also may be subject to disciplinary action. Conduct by an employee that is sexual harassment or retaliation in violation of this policy is considered to be outside the normal course and scope of employment. G. Intentionally False Reports Because sexual harassment frequently involves interactions between persons that are not witnessed by others, reports of sexual harassment cannot always be substantiated by additional evidence. Lack of corroborating evidence or “proof” should not discourage individuals from reporting sexual harassment under this policy. However, individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth, may be subject to disciplinary action under the applicable University disciplinary procedure (Procedures, Appendix II: University Disciplinary Procedures). This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by an investigation. H. Free Speech and Academic Freedom As participants in a public university, the faculty and other academic appointees, staff, and students of the University of California enjoy significant free speech protections guaranteed by the First Amendment of the United States Constitution and Article I, Section I of the California Constitution. This policy is intended to protect members of the University community from discrimination, not to regulate protected speech. This policy shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression. The University also has a compelling interest in free inquiry and the collective search for knowledge and thus recognizes principles of academic freedom as a special area of protected speech. Consistent with these principles, no provision of this policy shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state anti-discrimination laws. I. Additional Enforcement Information The federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) also investigate complaints of unlawful harassment in employment. The U.S. Department of Education Office for Civil Rights (OCR) investigates complaints of unlawful harassment of students in educational programs or activities. These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties. For more information, contact the nearest office of the EEOC, DFEH or OCR listed in the telephone directory. UNIVERSITY OF CALIFORNIA, SAN FRANCISCO SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURES I. INTRODUCTION The University of California, San Francisco (UCSF) Sexual Harassment Complaint Resolution Procedures have been established to respond to the sensitive nature of sexual harassment. The policy and procedures describe the options and resources available to faculty, postdoctoral scholars, staff, students, patients/clients and visitors for resolution of sexual harassment situations, and reflect UCSF’s continuing determination to deal firmly, fairly, and evenly with all occurrences. As agents of the University, it is the responsibility of deans, department chairs/ managers, and supervisors to prevent sexual harassment, if possible, and to correct it when it occurs. This responsibility involves being aware and sensitive to sexual harassment issues and includes taking disciplinary action when appropriate. UCSF urges that the informal complaint resolution process to resolve sexual harassment complaints at the earliest possible stage and prior to initiation of a formal grievance within the University or filing a charge with a state or federal government agency. It is designed to respond to complaints swiftly, to protect the complainant from continuing harassment, to mediate with both parties when appropriate and also to assist deans, department chairs/managers and supervisors in handling the complaint and related needs of the unit. This informal process may not prevent a formal grievance from being filed, but should serve to eliminate or assist in elimination of the behavior that brought forth the initial complaint. Use of the informal complaint resolution process by a complainant is voluntary. No individual shall be subject to reprisal for using or participating in this process, nor be unfairly prejudiced or jeopardized in pursuing any grievance mechanism available as an individual right. Retaliation in any form is strictly prohibited, is treated as a report of sexual harassment and is also actionable. II. CAMPUS RESOURCES Enforcement of the UCSF policy, its credibility and emphasis on early resolution require the University to direct individuals with concerns or questions about sexual harassment to neutral parties. In addition to managers and supervisors, key designated personnel at UCSF are available to respond quickly, provide consistent information to all parties in a complaint and to invest time in seeking a resolution. These resources include the Sexual Harassment Resolution Coordinator, Advisors, Mediators, and Investigators who have been trained specifically to handle sexual harassment issues and complaints. Their overall functions are as follows: A. Coordinator The Coordinator is located in the Office of Sexual Harassment Prevention and Resolution and oversees compliance activities related to sexual harassment complaints and education and training. Responsibilities range from providing information to all parties, conducting or coordinating investigations. In carrying out the responsibilities, the Coordinator will work closely with University officials as appropriate and as designated in these procedures. B. Advisors A group of trained advisors are appointed by the Chancellor upon the recommendation of the Coordinator. Advisors serve as an information resource to any individual with a complaint or sexual harassment inquiry and work closely with the Coordinator. C. Mediators and Investigators These individuals will be appointed to a pool by the Chancellor, in consultation with the Coordinator. 1. Mediators will be drawn from inside or outside the University and have appropriate training and experience in conflict resolution and mediation. 2. Investigators will be identified by the Coordinator, in consultation with the appropriate campus official(s). To help ensure optimal results and impartiality, at least one investigator should be of the same or superior rank as the alleged harasser, particularly if the latter is of faculty rank or a high-ranking administrator. May 2005 See Attachment B for a full description of roles and responsibilities. III. INFORMAL COMPLAINT RESOLUTION (Pre-Grievance) A. Definition An informal complaint shall be defined as any oral or written claim – other than a formal grievance – filed with a University official, advisor, sexual harassment coordinator, supervisor, manager, department head, dean, or vice chancellor, which informs the University that sexual harassment may be occurring and provides information sufficient to pursue the complaint. B. Process 1. Information and Advising Complainants are encouraged to contact their supervisor, appropriate manager or the Coordinator or an advisor of their choice to obtain information about the sexual harassment policy and procedures, to learn options for preventing further harassment, to provide specific information about the complaint and to learn about other rights for filing internal or external grievances. Individuals who bring reports of sexual harassment are informed about the range of possible outcomes of the report including interim protections, remedies for the individual harmed by the harassment and disciplinary actions. Information provided by the complainant will determine which officials needs to be notified and which of the following steps may be taken. Confidentiality will be maintained to the fullest extent possible according to the policy guidelines. Response will be made to the greatest extent possible to reports of sexual harassment brought anonymously or brought by third parties not directly involved in the harassment. The wishes of the individual making the request shall be considered, but are not determinative in the decision to initiate a Formal Investigation of a report of sexual harassment. 2. Mediation Mediation is the preferred form of dispute resolution, upon agreement of both parties, and may occur at any time during the resolution process. Advisors will not attempt mediation between the complainant and the alleged harasser before contacting the Coordinator. Mediation frequently requires some fact-finding. Gathering facts at this point will not be considered equivalent to an investigation as discussed under III B.3. a. All mediation requests shall be referred to the Coordinator, who may undertake the mediation in consultation with the appropriate University official(s), or select from the Mediator/ Investigator pool. The nature and duration of the reported behavior, and preferences of the parties, will be considered in deciding whether and how long to pursue mediation attempts. b. Mediation should be scheduled within 10 calendar days of a request. c. A summary of the agreements reached between the complainant and alleged harasser will be documented with the Coordinator within 10 days of the completed mediation, then maintained in the Coordinator’s office in accordance with the policy. Copies of mediation agreements will be provided to the complainant, alleged harasser, manager and department chairs, or dean, as appropriate. d. Monitoring of compliance with the mediation agreement is the responsibility of the department manager, with the assistance of the Coordinator. 3. Investigation The purpose of an investigation is to find the facts associated with the complaint and to determine if there is probable cause. The investigation generally includes interviews with the parties if available, interviews with other witnesses as needed, and a review of relevant documents as appropriate. Once an investigation is initiated, the alleged harasser has a right to know the nature of the allegations, the individual(s) bringing the allegations and the right to respond. The accused is provided a copy of the written request for Formal Investigation or otherwise given a full and complete written statement of the allegations and a copy of the Sexual Harassment Policy and Procedures. a. An investigation may be initiated by: Either party to the complaint upon the filing of a complaint form with the Coordinator; The Coordinator, without a request by either party, because initial attempts at resolution have failed or; The Coordinator in response to information which has put the University on notice that sexual harassment is occurring. The Coordinator then would consult with the appropriate department chair/manager or dean. b. Investigators The individual conducting the investigation is familiar with the Sexual Harassment Policy and has had training or experience in conducting investigations. Whenever possible, two investigators should conduct the investigation. Individuals will be selected for their ability to see the facts from the point of view and status of both the complainant and the alleged harasser. c. Time Limitations Recognizing that sexual harassment situations commonly are not reported, the UCSF informal procedures do not place stringent time requirements for reporting allegations. However, delays in reporting may result in delayed knowledge and increased difficulty in resolving the problem satisfactorily or reduced access to other options (e.g., meeting deadlines, filing under University formal grievance policy, or with state or federal agencies.) Therefore, individuals are encouraged to bring complaints of sexual harassment to the attention of the University as soon as possible after the alleged occurrence. Reports brought after one year shall be responded to the greatest extent possible. Immediately but no later than 15 calendar days of the decision to initiate an investigation, interviews should be scheduled with the alleged harasser and other witnesses as determined by the scope of information. The investigation should be completed within 60 days. The Coordinator, in consultation with the department official(s), is responsible for monitoring the progress of the investigation and ensuring its timely completion. For good cause shown, the Coordinator may extend the time limits. d. Reports and Notifications A completed investigation will lead to a written summary of the allegations and issues, the position of the parties, the facts of the case, conclusions (cause, no cause, insufficient evidence), and recommended remedy. No specific recommendation regarding discipline and corrective action will be included. (See following section III C., Remedial Action). The report will be issued by the investigators within 10 days after completion of the investigation. A copy of the report will be given to each party by the Coordinator and in consultation with the appropriate Vice Chancellor, Dean or Department Head. If a probable cause finding of sexual harassment is made, a determination of discipline will be issued in writing within 10 days by the appropriate Vice Chancellor. The imposition of corrective action or discipline will be pursuant to the faculty, staff or student policies. Depending upon the circumstances, the discipline may be verbal and followed up in writing. The complainant will be notified that an official determination has been made and if discipline has been recommended or imposed, but depending on governing University policies on information disclosure, it may or may not be appropriate to inform the complainant of the specific disciplinary action taken. It is not appropriate to inform others (faculty, staff, and students) of the result of an investigation. Disclosure of facts to parties and witnesses is limited to what is reasonably necessary to conduct a fair and thorough investigation. Individuals, such as witnesses, who were interviewed regarding events should be acknowledged and informed it is against University policy to discuss confidential information regarding one employee/student with another. Upon request, complainant and accused may each have a representative present when interviewed. Other witnesses may have a representative present at the discretion of the investigator or as required by applicable University policy or collective bargaining agreement. At any time during the investigation, the investigator may recommend that interim protections or remedies for the complainant or witnesses be provided by appropriate University officials including separating the parties, placing limitations on contact between the parties, or making alternative working or student housing arrangements. Failure to comply with the terms of the interim protections may be considered a separate violation of the Sexual Harassment Policy. e. Extensions Time limitations may need to be modified due to circumstances but should not exceed established limits unless an extension has been approved in writing by the Coordinator or appropriate Vice Chancellor. All parties should be notified if, and when, extensions have been approved. 4. Appeals and Due Process The mechanism for appeal of any finding from the Informal Complaint Resolution Process is the filing of a formal grievance. It should be noted that use of the sexual harassment informal resolution procedure does not preclude the filing of a formal grievance. Either the complainant or the alleged harasser may at any time request a formal grievance through one of the applicable grievance policies (see Policy, Section IV, Standards of Conduct). C. 1. Remedial Action Remedy The term “remedy” refers to an action reasonably calculated to end the harassment and to restore to the complainant any right, privilege or benefit of employment or academic standing, or access to programs and activities lost because of the harassment. 2. Discipline Discipline will be imposed in accordance with established University and Campus procedures under the supervision of appropriate offices or entities, e.g., the Committee on Privilege and Tenure, Labor and Employee Relations, and for students, the Student Academic Affairs Office for the appropriate school. To ensure consistency across all personnel programs, offices and entities imposing discipline must consult with Academic Affairs, Labor/ Employee Relations, the Coordinator and Campus Counsel as they consider disciplinary options. Actions taken by the University (both remedy and discipline) must be reasonably calculated to end the harassment. The following must be considered and weighed when discipline is imposed: 1. 2. 3. 4. 5. Severity of the conduct; Pervasiveness of the conduct; The alleged harasser’s overall record; What discipline has been imposed in previous cases of sexual harassment and other policy violations with similar fact patterns, and; Other relevant UC policies (progressive discipline, academic requirements, etc.) Findings of violations of the policy may be considered the determining remedies for individuals harmed by the sexual harassment. Procedures under the sexual harassment policy are coordinated with applicable local complaint resolution, grievance, and disciplinary procedures to avoid duplication in the fact-finding process whenever possible. The Coordinator will maintain a record of disciplinary actions imposed in cases of sexual harassment. IV. A. FORMAL GRIEVANCE Formal Grievance A formal grievance is one filed pursuant to any established UCSF grievance procedure for faculty, staff, or students (see Policy, Part I, Section IV, Standards of Conduct). The appropriate procedure for filing depends on who is being accused of the harassment. Grievance against faculty should be filed with the Vice Chancellor of Academic Affairs, Faculty Relations. Grievances against staff should be filed with Human Resources, Labor Relations. Grievances against students should be filed with the respective Dean’s Office with exception of appeals which should be filed with the Associate Vice Chancellor for Student Academic Affairs. The Coordinator may assist either party in identifying the appropriate office for filing formal grievances. B. Initiation of Formal Grievance Procedures If either party is dissatisfied with the outcome of the informal complaint resolution process, a formal grievance may be filed under the applicable formal grievance procedure. To be accepted into a formal process, such grievances must meet all of the conditions for acceptability under the applicable grievance policy or contract article. Regulations established pursuant to the specific formal grievance procedure elected shall govern review processes. C. Complaints or Grievances Involving Allegations of Sexual Harassment Every effort should be made to enhance efficiency, to reduce the duplication of investigations and prolongation of proceedings. If a preliminary investigation is an option or a requirement of the formal grievance that option or requirement may be satisfied by the outcome of the Informal Complaint Resolution Process. The determination will be made by the individuals responsible for formal grievance review. An individual who believes he or she has been subjected to sexual harassment may file a complaint or grievance pursuant to the applicable complaint resolution or grievance procedure listed in Appendix I: University Complaint Resolution Procedures. Such complaint or grievance may be filed either instead of or in addition to making a report of sexual harassment to the Coordinator under this policy. A complaint or grievance alleging sexual harassment must meet all the requirements under the applicable complaint resolution or grievance procedure, including time limits for filing. If a complaint or grievance alleging sexual harassment is filed in addition to a report made to the Coordinator under this policy, the complaint or grievance shall be held in abeyance subject to the requirements of any applicable complaint resolution or grievance procedure, pending the outcome of the Early Resolution or Formal Investigation procedures. If the individual wishes to proceed with the complaint or grievance, the Early Resolution or Formal Investigation shall constitute the first step or steps of the applicable complaint resolution or grievance procedure. An individual who has made a report of sexual harassment also may file a complaint or grievance alleging the actions taken in response to the report of sexual harassment did not follow University policy. The time period for filing begins on the date the individual was notified of the outcome of the sexual harassment investigation or other resolution process pursuant to the policy, and/or of the actions taken by the administration in response to the report of sexual harassment, whichever is later. D. Other Internal Complaint Procedures An individual who believes s/he is or has been subjected to discrimination may wish to consider filing a formal written complaint with the campus Affirmative Action/ Equal Opportunity/Diversity office within 365 days from the date the person filing the complaint became aware of the alleged discriminatory action. E. Time Limits for Filing Formal Grievances Formal grievances must be filed within the established time limits of the respective personnel program policy. If time limits are not met due to attempts to resolve through the informal complaint resolution process, the Coordinator will recommend to the appropriate administrator an extension of time equivalent to that lost through the informal process. F. Remedies and Referral to Disciplinary Procedures Findings of violations of the Policy on Sexual Harassment may be considered in determining remedies for individuals harmed by the sexual harassment and shall be referred to applicable local disciplinary procedures (Appendix II). Procedures under this policy shall be coordinated with applicable local complaint resolution, grievance, and disciplinary procedures to avoid duplication in the fact-finding process whenever possible. Violations of the policy may include engaging in sexual harassment, retaliating against a complainant reporting sexual harassment, violating interim protections, and filing intentionally false charges of sexual harassment. Investigative reports made pursuant to this policy may be used as evidence in subsequent complaint resolution, grievance, and disciplinary proceedings as permitted by the applicable procedures. The remedies available under formal grievance procedures cannot exceed restoring rights, pay or benefits lost by the grievant, less any compensation from any source. Management prerogatives, including but not being limited to discipline of an individual, are not remedies available to the grievant. G. Reports Generally, an investigation should result in a written report that includes at a minimum: • A statement of the allegations and issues • The position of the parties • A summary of the evidence • Findings of fact • A determination by the investigator as to whether University policy has been violated The report may contain: • A recommendation for actions to resolve the complaint • Remedies for the complainant • A referral to disciplinary procedures as appropriate The report may be used as evidence in other related procedures such as in subsequent complaints, grievances and/or disciplinary actions. The complainant and the accused will be informed promptly in writing when the investigation is completed. The complainant will be informed if there were findings made that the policy was or was not violated and the actions taken to resolve the complaint, if any, that are directly related to the complainant. The complainant may generally be notified that the matter has been referred for disciplinary action, but is not to be informed of the details of the recommended disciplinary action without consent of the accused. The complainant and accused may request a copy of the investigative report pursuant to UC Business and Finance Bulletin RMP-8, Legal Requirements of Privacy and Access to Information. The individual making the report is encouraged to file a written request for the Formal Investigation. The office of the Sexual Harassment Coordinator is responsible for maintaining records relating to sexual harassment reports, investigations, and resolutions. Records shall be maintained in accordance with University records policies, generally five years after the date the complaint is resolved. Records may be maintained longer at the discretion of the Coordinator in cases where the parties have a continuing affiliation with the University. All records pertaining to pending litigation or a request for records shall be maintained in accordance with instruction from legal counsel. H. Confidentiality Confidentiality will be maintained in accordance with the policy. Regulations established pursuant to the specific formal grievance procedure shall govern access to documents. Certain University employees such as the Sexual Harassment Coordinator/Officer, managers, supervisors, and other designated employees have an obligation to respond to reports of sexual harassment, even if the individual making the report requests no action be taken. The Faculty, Staff Assistance Program (FSAP) is a confidential resource with whom members of the University can consult for advice and information regarding making a report of sexual harassment. The University will protect the privacy of individuals involved in a report of sexual harassment. V. EDUCATION AND TRAINING The Coordinator is responsible for providing educational materials and training sessions for designated advisors and trainers on prevention and resolution. Education sessions may also be part of ongoing annual training, or may be connected to individual or departmental corrective action in response to a complaint. VI. REFERENCES (under separate cover) Attachment A – UCSF Confidentiality Guidelines on Sexual Harassment Inquiries and Complaints Attachment B – Roles and Responsibilities Attachment C – Responsibility and Confidentiality ATTACHMENT A UCSF CONFIDENTIALITY GUIDELINES ON SEXUAL HARASSMENT INQUIRIES AND COMPLAINTS 1. Information and Advice Persons seeking general information or advice from a sexual harassment advisor may wish to ensure that the discussion remains completely confidential and that no action will be taken by UCSF unless they elect to pursue the matter further. In this case, it is essential that the inquiry or request for information be stated in nonspecific terms which do not permit identification of persons or units or that no identifying information about themselves or any other party, be disclosed to the advisor. This is necessary because the University is legally obligated to investigate, even without the complainant’s consent once the institution is informed (through an advisor or other management level personnel) that harassment may have occurred. 2. Informal Complaints Once an individual requests an investigation of an allegation of sexual harassment, an informal complaint has been made. Names and units must be identified. Likewise, once an individual discloses identifying information, that person has made a de facto complaint. a. Informal resolution prior to investigation At this stage in the process, the advisor may be able to assist the complainant in reaching an informal resolution of the charge. The Sexual Harassment Coordinator and/or a mediator may participate in this effort. Confidentiality between the complainant, the advisor, and Sexual Harassment Coordinator, as well as any mediator, will be maintained during the information and mediation phases of complaint resolution, provided action taken result in cessation of the harassment. However, if the behavior was egregious even if stopped, or if the behavior persists, notification of appropriate campus authorities is required and record may be made available to those University officials who have a legal responsibility to know. b. Investigation At this stage of the process, the wishes of the complainant regarding confidentiality cannot be guaranteed, but will be protected to as great a degree as is legally permissible and reasonably practical. While the expressed wishes of the complainant regarding confidentiality will be seriously considered, those wishes must be weighed against (i) the responsibility of the University to investigate a charge and take corrective and preventive action where appropriate, and (ii) the right of the charged party (alleged harasser) to obtain information about the allegations. During the investigation, the charged party has a right to the name of the complainant and the information contained in the charge, but the names of witnesses will not be disclosed. 3. Formal University Grievances or Complaints If a formal grievance is filed, the policy and procedures applicable to the status of the complainant (faculty, student, staff, patient) will govern access to information and documents gathered in the matter. State and Federal law and regulations may also affect issues of confidentiality at this stage. ATTACHMENT B ROLES AND RESPONSIBILITIES A. Local Sexual Harassment Resources 1. Title IX Compliance Coordinator (Sexual Harassment Officer) Each location shall designate a Title IX Compliance Coordinator (Sexual Harassment Officer), whose responsibilities include, but may not be limited to, the duties listed below. a. Plan and manage the local sexual harassment education and training programs. The programs should include wide dissemination of this policy to the University community; providing educational materials to promote compliance with the policy and familiarity with local reporting procedures; and training University employees responsible for reporting or responding to reports of sexual harassment. Develop and implement local procedures to provide for prompt and effective response to reports of sexual harassment in accordance with this policy, and submit the local procedures to the UC Office of Human Resources and Benefits for review and approval. Maintain records of reports of sexual harassment at the location and actions taken in response to reports, including records of investigations, voluntary resolutions, and disciplinary action, as appropriate. Prepare and submit an annual report to the Office of the President, for submission to The Regents, on sexual harassment complaint activity during the preceding calendar year in a format specified by the UC Office of Human Resources and Benefits. Convene meetings of sexual harassment advisors, coordinate their appointment and training, and monitor and standardize the advising process; Serve as contact and resource for complainants and other individuals with questions or comments about sexual harassment issues; Monitor the informal complaint process, and formal grievance outcomes, to insure consistency of corrective action and discipline with all Campus procedures; Facilitate interaction with existing resources and offices on Campus to meet the above responsibilities; b. c. d. e. f. g. h. In addition to reporting regularly to the Chancellor and the campus community, locations must report on an annual basis to the Office of the President. May 2005 B. Advisors A network of trained advisors is key to early intervention and complaint resolution. A group of advisors will be appointed, representative of our constituencies, physical sites and organizational units. In this capacity the advisors will: 1. 2. 3. 4. 5. 6. Provide general information on sexual harassment, procedures, policies and issues, including the role of the advisor; Serve as resource persons to any individual requesting information e.g., complainant, alleged harasser, supervisors, concerned parties. Conduct intake interviews with complainants in order to provide appropriate information on resources, mediation and counseling. Inform complainants regarding confidentiality issues; Assist complainant in identifying possible strategies to prevent further harassment; Assist complainant through the process as needed, providing emotional support and follow-up contact; however, the advisors shall not act as a representative of the complainant during the informal complaint process or formal grievance, nor serve as mediator or investigator in complaints in which they served as advisor; Maintain appropriate records and forward to the Coordinator such data as requested for statistics, investigative or resolution purposes; Attend meetings and training programs for sexual harassment advisors; Seek consultation from the Coordinator or other resources as needed. 7. 8. 9. Advisors will be appointed by the Chancellor, on the recommendation of the Coordinator. They will serve a two-year term and report to and be accountable to the Coordinator in their role as Advisors. May 2005 ATTACHMENT C RESPONSIBILITY AND CONFIDENTIALITY The Sexual Harassment Policy is effective only if consistently and strictly enforced by the University. As often as not, employers are seen as dropping the ball at the point of receiving a complaint, opening up the institution for failure in meeting legal requirements to take steps to eliminate the sexual harassment. Take all complaints seriously; do not dispel any complaint no matter how unlikely it may sound. Be objective. Condition reflexes to report to upper management all complaints and observations. Particularly, seek counsel on how to handle the complaint from one of the following resources: Office of Sexual Harassment Prevention & Resolution Affirmative Action Office Employee Labor Relations Depending upon the circumstances, determine the best resources to conduct a fact-finding or a full investigation. I. Interview the Complainant Remain objective. Even if the complainant has a "bad" reputation, listen with an open mind. Determine the identity of the accused harasser(s). Determine if the incident was isolated or part of a series. Determine when and where the incident(s) occurred. Get specific details of the incident(s) and behavior. Ask the complainant his or her reaction to the incident(s). Determine if there were any witnesses to the incident(s). Determine if the complainant has spoken to anyone else about the incident(s). Determine whether the complainant has documented the incident(s) with notes, etc. Assure the complainant that the complaint will be taken seriously and investigated thoroughly. Advise the complainant not to speak against the alleged harasser to others. Assure the complainant that the complaint will be kept confidential as possible consistent with an appropriate investigation. Never agree to forego investigation of a complaint pursuant to the complainant request for confidentiality. II. Interview the Alleged Harasser Remain objective. Even if this person has a "bad" reputation, listen with an open mind to the alleged harasser's side of the story. Determine if the accused harasser knows of the incidents or incidents to which the complainant is referring. If so: (1) determine when and where the incident(s) took place; (2) get specific details of the incident(s); (3) ask how the complainant reacted; (4) determine if there were any witnesses to the incident(s); and (5) determine if the accused harasser has spoken to anyone else about the incident(s). If not: (1) determine the accused harasser's perception of his or her working relationship with the complainant; (2) ask whether the complainant and accused harasser socialized together (alone/group); (3) determine if the accused harasser knows of any reason why the complainant would make the allegation; (4) when the accused harasser is the complainant's supervisor, determine if the complainant was recently granted or denied any job benefits, (e.g., raises, promotions). Assure the accused harasser that the complaint will be kept as confidential as possible consistent with an appropriate investigation. Advise the accused harasser that he or she cannot retaliate against the complainant. Provide examples of retaliation including talking against the complainant to others. III. Interview the Witness(es) When the witness is a current or former employee, review his or her personnel file prior to the interview. Inform the witness that the investigation is confidential. Inform current employees that a breach of confidentiality will result in disciplinary action. Be alert to the privacy rights of both the complainant and the accused harasser. Remain objective. Don't give details of the complaint unless it is necessary to obtain relevant information. Phrase questions so as not to give unnecessary information. Try to ask open-ended questions that will allow the witness to understand the questions without giving out any facts in the complaint. Do not automatically limit the investigation to witnesses currently in the workforce. Interview the former employees, friends and relatives of both the complainant and the accused harasser as necessary. KEEP THE INVESTIGATION CONFIDENTIAL TO AVOID DEFAMATION OR INVASION OF PRIVACY CLAIMS IV. Take Effective Remedial Action If you determine that sexual harassment has occurred, you are legally obligated to take some disciplinary action. Depending upon the circumstances, a verbal warning may be appropriate or discharge may be required. The employer's action must at least be commensurate in severity to that of the unlawful act(s). Factors to consider include: The harasser's position within the organization (greater responsibility is an aggravating circumstance because the conduct may appear to be condoned by the organization). The extent to which the harasser knew or should have known his conduct was illegal. The harassee's response to the conduct at the time it occurred. The effect of the harassment on the harassee. The perception of other managers and employees if the discipline appears inappropriately light. How the discipline will be perceived by a jury if the organization is sued. A. Remedial Action Considerations Promptly take necessary disciplinary action, up to and including discharge. Corrective action must be appropriate to the conduct that occurred. Consult with the Sexual Harassment Prevention Office. All corrective action taken must be documented. Include a summary of the investigation explaining the appropriateness of the action. B. Follow Through Inform the complainant when the investigation is complete and if action has been taken. Specifics need not be given. Instruct the complainant to report immediately recurring or continuing harassment (particularly if the offender will continue to work). Document that: The complainant has been informed that corrective action has been taken. The complainant has been informed to immediately report continuation or recurrence of harassment. UCSF SEXUAL HARASSMENT PREVENTION RESOURCES DEPARTMENT Academic Relations, Joyce Hammel (sub), Sexual Harassment Prevention & Resolution Affirmative Action/Equal Opportunity Office/Diversity (AA/EO/D), Michael Adams, Director Center for Gender Equity, Amy Levine, Director Faculty/Staff Assistance Program, Yvette Guerrero, Manager LGBT, Shane Snowdon, Director of LGBT Resources Office of Student Relations, Eric Koenig, Director Problem Resolution Center, Ellen Beilock, Campus Mediation Officer Sexual Harassment Prevention & Resolution, Joyce Hammel, Campus Administrator Human Resources Office L/ER, Guy Zuzovsky, Manager & Advocate FRESNO CAMPUS Staff/Faculty/Residents/Med Students – Katie Hightower, HR Manager DEAN’S OFFICES Dean's Office, School of Dentistry, Deborah Greenspan, Clinical Professor Dean's Office, School of Medicine, Renee Navarro, Clinical Professor Dean's Office, School of Nursing, Zina Mirsky, Associate Dean Administration Dean's Office, School of Pharmacy, Lorie Rice, Associate Dean, Student Academic Affairs Dean’s Office, Graduate Division, Karen Nelson, Assistant Dean of Graduate Studies MEDICAL CENTER Bill Geist, Interim Director, Employee Relations OTHER OFFICES OCR Office for Civil Rights, San Francisco Office Old Federal Building 50 United Nations Plaza, Room 239 San Francisco, CA 94102-4912 (415) 557-6574 Department of Fair Employment and Housing, San Francisco District Office 1515 Clay Street, Suite 701 Oakland, CA 94612-1460 (800) 884-1684 Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105 (415) 625-5600 353-4012 476-3080 206-3249 476-1223 476-1041 502-3224 559-499-6420 TELEPHONE 476-5186 476-4753 476-5837 476-8279 502-5593 476-4318 502-3272 476-5186 502-2395 DFEH EEOC July 2009 UCSF SEXUAL HARASSMENT PREVENTION ADVISORS (The UCSF advisors have been trained as a team to receive inquiries from any individual about sexual harassment issues with sensitivity to cultural differences and sexual orientation.) NAME DEPARTMENT TITLE BOX 0988 1264 3015 1264 0648 0914 0320 1264 0988 2240 0867 EXT 6-0457 4-3226 4-4654 4-1538 6-9694 353-4013 4-2282 6-2952 6-8725 6-4474 206-2368 Sandra Avila Work~Life Resource Center Student Academic Affairs Work~Life Resource Center Anesthesia Med Ctr HR Employee Relations Dept. of Medicine Work~Life Resource Center AA/EO/Diversity CVRI/Coughlin Lab Medicine-SFGH Office of Sponsored Research SFGH, Dept. of Psychiatry Psychiatry Dept of Medicine HR SFGH Administration Stu/Curricular Affairs, S/Nursing Analyst V Analyst II Analyst III Training Manager Asst. Clinical Professor Program Administrator Operations Manager Division Administrator Director Professor Acting Director/Exec Liaison Professor Prin Employ Relations Consult. Program Coordinator Student Services Coord Communications Liaison AA/EO/Diversity Assistant Director David Bell Pamela Belluomini, Ed.D. Julie Berlin Claire Brett Bobbrie Brown Molly Cooke, M.D. Randy Daron Mercedes De Souza Marie Demcho-Wagor Jena Desai Joseph DosRamos 0962 0852 0984 1211 0852 0602 6-1566 206-8647 6-7583 6-9689 206-3433 6-0600 David Elkin, M.D. Jean Fong Claudia Hernandez Lorel Hiramoto Jeff Kilmer September 2009 UCSF SEXUAL HARASSMENT PREVENTION ADVISORS (page 2) (The UCSF advisors have been trained as a team to receive inquiries from any individual about sexual harassment issues with sensitivity to cultural differences and sexual orientation.) NAME Medical Center HR Office of Student Life Dept. of Medicine Radiation Oncology S/P Pharm Chem HR Client Services Ctr – TEP MED/SFGH/Experimental AA/EO/Diversity Campus Life Services Facilities Mgmt HR Disability Management Srvcs MED VAMC SOM Dean’s HR SFGH, Dept. of Psychiatry Med Central Administration Graduate Division Dvlpmnt & Alumni Relations Analyst / Trainer Facilities Operations Manager Senior Disability Analyst Programmer/Analyst III-Supvr Assistant Director Clinical Professor HR Analyst Assistant Dean HR Manager Division Administrator Operations Manager Associate Professor Director of Administration Sr. Admin. Analyst 0120 1708 2280 0832 1234 0988 3100 0964 111V 1379 0852 1211 0523 0248 Director 0376 HR Analyst 1795 DEPARTMENT TITLE BOX EXT 353-7431 6-4318 6-2550 353-9796 6-7155 6-2115 206-8106 6-7936 2-4693 2-2760 221-4810x3740 2-6705 206-5191 2-7036 2-3224 6-3515 David Kirk Eric Koenig JoAnn LaCasse Vickie Lewis Susan Miller, Ph.D. Crystal Morris Laurae Pearson Nick Plezbert Oswaldo Robelo Judy Rosen Mary Salome Richard Secunda Anna Spielvogel, M.D., Ph.D. Rebecca Szatkowski Peter Taylor Alicia Wilkins September 2009 (This Page Intentionally Left Blank) UCSF OFFICE OF SEXUAL HARASSMENT PREVENTION & RESOLUTION TRAINING EVALUATION Department: Group (please circle one): Presenter: Faculty Postdoc Staff Date: Student Manager Supervisor Your comments can contribute a great deal to the success of future programs. Please complete the form below. It is not necessary to sign your name. 1. Please state your overall evaluation of the training session. satisfied 2. dissatisfied Please indicate your evaluation of the following areas covered. (a) Definitions and Examples of Sexual Harassment: satisfied (b) Recognizing Sexual Harassment: satisfied (c) Legal and Personal Responsibilities: satisfied (d) dissatisfied dissatisfied dissatisfied Guidelines for Resolving Sexual Harassment (pertains to managers/supervisors) satisfied dissatisfied (e) Policy and Procedures: satisfied dissatisfied (f) Opportunity for questions and answers: satisfied dissatisfied (g) Handouts / Visual Aids: satisfied dissatisfied 3. Other comments: Please return this completed form c/o Charleane Williams, Box 1264