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					   Non-Discrimination and
  Anti-Harassment at NMU:
Law, Policy, and Best Practices

              April, 2006
           By: Cathy Dehlin
        Equal Opportunity Office
      Northern Michigan University

                                     1
     Presenter
   Cathy Dehlin

       Equal Opportunity Office – 502 Cohodas
       Phone: 227-2420
       Fax: 227-2478
       E-mail: cdehlin@nmu.edu




                                                 2
    Overview of Presentation

   Non-Discrimination Policy

   Civil Rights Grievance Procedure

   Sexual Harassment/Consensual Relations
    Policy

   Questions and Answers


                                             3
    Why are we here?
   As President Wong has stated, this is part of
    NMU’s effort to continuously improve and become
    an even higher-functioning and responsible
    institution
   Reinforce NMU’s no tolerance non-discrimination,
    anti-harassment, and anti-retaliation policies
   Know where to go here on campus in the event a
    member of the university community feels like he or
    she has been discriminated against or sexually
    harassed
   Generally avoid trouble (and me)
   We appreciate your presence here today and your
    attention to these important issues                   4
     NMU’s Non-discrimination Policy
   Where to find it:

       NMU’s policies and within NMU’s Human
        Resources (Equal Opportunity office) Web site:

        http://www.nmu.edu/humanres/EqualOp/nmu_
        equal_opportunity.htm




                                                         5
           Non-Discrimination Policy
Northern Michigan University does not
unlawfully discriminate on the basis of race,
color, religion, sex, national origin, age, height,
weight, marital status, familial status,
handicap/disability, sexual orientation or
veteran status in employment or the provision
of services, and provides, upon request,
reasonable accommodation including auxiliary
aids and services necessary to afford
individuals with disabilities an equal
opportunity to participate in all programs and
activities.
                                                      6
 Legal Basis for Policy
Federal Law
   Title VI (race, color, national origin) and
    Title VII of the Civil Rights Act of 1964 (race,
    color, national origin, religion, and sex
    discrimination in employment)
   Title IX of the Educational Amendments of
    1972
       Sex discrimination in educational programs and
        activities receiving federal funds



                                                         7
 Legal Basis for Policy                (continued)


Federal Law        (continued)
   Americans with Disabilities Act (ADA) 1990 and
    Section 504 of the Rehabilitation Act of 1973
       Disability discrimination


   Age Discrimination in Employment Act (ADEA)
    1967 and 1975
       Age discrimination (40 plus)




                                                     8
    Legal Basis for policy        (continued)


Michigan law: Elliott-Larsen Civil Rights Act
   www.michigan.gov/documents/act_453_elliott_
    larsen_8772_7.pdf
   religion, race, color, national origin, age, sex,
    height, weight, familial status, or marital status
    discrimination




                                                         9
    Legal Basis for policy         (continued)


Michigan law: Elliott-Larsen Civil Rights Act
(continued)
   “National origin” includes national origin of an
    ancestor
   Discrimination because of sex includes sexual
    harassment, pregnancy, childbirth or a medical
    condition related to pregnancy or childbirth
   “Familial status” means children living with a
    parent or other custodian
       “Parent” includes a person who is pregnant
       Only applies in housing context


                                                       10
    Sex Discrimination

   Includes:
       Gender discrimination (all types), including
        sexual harassment:
           Against males or females
           By males or females
           Same sex discrimination, because of sex,
            included
               Males against males
               Females against females




                                                       11
    Sex Discrimination         (continued)


   Includes:    (continued)
       Pregnancy discrimination (including
        childbirth or related medical condition)
       Title VII
       Title IX
       Michigan Civil Rights Law




                                                   12
    Civil Rights Enforcement

Federal
   Equal Employment Opportunity Commission
    (EEOC) [www.eeoc.gov]
        Title VII, ADEA, ADA, Equal Pay Act
        Civil Rights Act of 1991 provides for jury trials,
         compensatory and punitive damages
            Caps compensatory and punitive damages at
             $300,000 for employers with 501+ employees, not
             including back-pay, front-pay, attorney’s fees and
             other expenses (slide revised July 2006)



                                                                  13
    Civil Rights Enforcement                   (continued)


Federal        (continued)

   Office for Civil Rights (OCR), U.S. Department
    of Education [www.ed.gov]
        Title IX (protects males and females)
        Also enforces other federal civil rights laws
         impacting universities
            Title VI, 504 of the Rehabilitation Act, Title II of the
             ADA, Age Discrimination Act of 1975




                                                                        14
    Civil Rights Enforcement            (continued)


State
   Michigan Department of Civil Rights (MDCR)
    [www.michigan.gov/mdcr]
       Elliott-Larsen Civil Rights Act
       The Persons with Disabilities Civil Rights Act
       Also investigates federal civil rights claims under
        agreement with the EEOC

   Michigan Department of Education
    [www.michigan.gov/mde]
       Resource

                                                              15
    EEOC Statistics for 2005
   The Equal Employment Opportunity
    Commission (EEOC) is the federal agency that
    enforces and investigates most workplace-
    related federal civil rights complaints.
   FY 2005 Data on www.eeoc.gov
       Race – 26,740 charges (35.5%)
       Sex – 23,094 charges (30.6%)
       Retaliation – 22,278 charges (29.5%)
       Age – 16,585 charges (22%)
       Disability – 14,893 charges (19.7%)
       National Origin – 8,035 charges (10.7%)
       Religion – 2,340 charges (3.1%)
       Equal Pay – 970 charges (1.3%)             16
    Sexual Orientation Discrimination

   Not covered under federal or state law but,
    due to its importance, covered under NMU
    policy
       2005 AAUW Educational Foundation found
        that:
           “Lesbian, gay, bisexual, or transgender (LGBT)
            students are more likely than heterosexual
            students to experience sexual harassment …”




                                                             17
    Unintended Discrimination?
   You may not mean to discriminate but should
    develop an awareness of possible unintentional
    types of discrimination
       We all have subtle, unconscious biases
       Not illegal, but can be hurtful even if no harm
        intended
       Consider whether you are comfortable or nervous
        around those unlike yourself. If so, here are some
        options:
           Expand personal set of tools to relate better and
            increase understanding of those who are different
            from you
           Expand efforts beyond comfort zone
           Develop sensitivity to diversity issues
           Promote culture of inclusion
                                                                18
    Unintended Discrimination?    (continued)



   Stay tuned for a future joint workshop by
    the Equal Opportunity Office and Diversity
    Student Services on unintended forms of
    discrimination




                                                 19
    Civil Rights Grievance Policy

   Students, faculty and staff with concerns
    about potential discrimination on the basis of
    race, color, religion, sex, national origin,
    age, height, weight, marital status, familial
    status, handicap/disability, sexual
    orientation or veteran status may seek
    resolution through NMU’s Civil Rights
    Grievance Policy
       No retaliation
       Informal and formal processes available

                                                     20
    Civil Rights Grievance Policy               (continued)




   NMU’s policies and within NMU’s Human
    Resources web site:

    http://www.nmu.edu/humanres/EqualOp/nmu_equal_opportunity.htm




                                                                    21
    Civil Rights Grievance Policy          (continued)


   Where to file a civil rights internal complain
    under this policy?
       Complaints against students that do not
        involve NMU employment
           Dean of Students Office under Student Code
            provisions
       Complaints by faculty and staff concerning
        other employees (including student
        employees)
           Equal Opportunity Office



                                                         22
    Sexual Harassment

 NMU has a zero tolerance for any kind of
  harassment here on campus, including
  sexual harassment
 Sexual Harassment/Consensual Relations
  Policy
       Definitions
       Informal and Formal Complaint Procedure
           Where to go on campus to report sexual
            harassment
       Confidentiality
       Non-Retaliation provisions

                                                     23
    Potential Effects of Sexual Harassment

   On the victim
       Shame, fear, humiliation, self-doubt,
       Embarrassment, guilt, anger
       Powerlessness, stress, withdrawal
       Isolation, degradation
       Reduced productivity
       Increased absenteeism
       Possible loss of job
       Medical expenses
                                                24
Potential effects on the work or learning unit

 Morale problems
 Tarnished reputations
 Decreased trust
 Confusion/bewilderment
 Shock
 Reduced productivity
 Increased workload
 Safety could be jeopardized
 Potential costs of turnover, recruiting,
  training
                                                 25
    Potential effects on the University:
   Lowered morale of students, faculty, and staff
   Public relations problems
   Loss of trust
   Hostile employee/student relations
   Deterioration of organizational climate
   Polarization of men and women
   Anger toward university
   Diminished reputation of the university
   Recruitment difficulties
   Reduced productivity and higher costs of inefficiency
   Increase in the use of benefits, absenteeism, turn-
    over, and drop-out rates
   Expenses to defend or settle case                       26
    EEOC Statistics

FY 2005, the EEOC reported that there were
12,679 sexual harassment charge filings with
the EEOC and state and local fair
employment practices agencies (such as the
Michigan Department of Civil Rights)
combined.

   14 % of those charges were filed by men



                                               27
    Sexual Harassment on Campuses
   2005 study commissioned by the AAUW
    Educational Foundation:
       Nationally, two-thirds of college students
        experience some type of sexual harassment
        on their campuses
           Student-to-student; and
           Faculty/staff-to-student
               18% of students reported that faculty and staff
                often or occasionally sexually harass students
               7% of students report sexual harassment by
                professors
           Only 7% report the harassment to a college
            employee
                                                                  28
Preventing and Stopping Harassment of Students

    Applies throughout campus, in work
     settings and in the classroom
        Policies apply to students and also protect
         students
        “Schools are responsible for taking prompt
         and effective action to stop the
         harassment and prevent its recurrence.”
        “School has notice if a responsible
         employee knew, or in the exercise of
         reasonable care should have known about
         the harassment.”
                                                       29
Preventing and Stopping Harassment of Students
(continued)


   Applies throughout campus, in work
    settings and in the classroom (continued)
       “Once a school has notice of possible sexual
        harassment of students whether carried out
        by employees, other students, or third parties
        it should take immediate and appropriate
        steps to investigate or otherwise determine
        what occurred and take prompt and effective
        steps reasonably calculated to end any
        harassment, eliminate a hostile environment
        once it has been created, and prevent
        harassment from occurring again.”

                                                         30
Preventing and Stopping Harassment of Students
(continued)


   Applies throughout campus, in work
    settings and in the classroom (continued)
       “These steps are the school’s responsibility
        whether or not the student who was harassed
        makes a complaint or otherwise asks the
        school to take action.”




                                                       31
    Academic Freedom vs. Sexual Harassment

   Bonnell v. Lorenzo, 241 F.3d 800 (6th Cir. 2001)
    (upholding suspension of a male English professor
    sued by a female student for repeated use of lewd and
    graphic language in English class)
      “[w]hile a professor’s rights to academic freedom and
       freedom of expression are paramount in the
       academic setting, they are not absolute to the point of
       compromising a student’s right to learn in a hostile-
       free environment”
      Professor’s use of vulgar language was “not germane
       to the subject matter”
           Needs to be sufficiently related to a legitimate
            educational objective

                                                                 32
    NMU’s Sexual Harassment Policy

   Where to find it: NMU’s policies and within
    NMU’s Human Resources Web site:

    http://www.nmu.edu/humanres/EqualOp/nmu_equal_ opportunity.htm




                                                                 33
    Legal Basis for Policy:

   Title VII of the Civil Rights Act of 1964
   Title IX of the Educational Amendments of
    1972
   Michigan Elliot-Larsen Civil Rights Act




                                                34
 Definition of Sexual Harassment
1. Submission to such conduct or
   communication is made a term or condition,
   either explicitly or implicitly, of obtaining
   employment, public accommodations or
   public services, education, or housing.
   [QUID PRO QUO]

2. Submission to or rejection of such conduct
   or communication by an individual is used
   as a factor in decisions affecting such
   individual's employment, public
   accommodations or public services,
   education, or housing.
   [QUID PRO QUO]
                                                   35
  Definition of Sexual Harassment        (continued)


3. Such conduct or communication has the
   purpose or effect of unreasonably interfering
   with an individual's employment, public
   accommodations or public services,
   education, or housing; or creating an
   intimidating, hostile, or offensive
   employment, public accommodations,
   public services, educational, or housing
   environment.
   [HOSTILE ENVIRONMENT]


                                                       36
     Examples of Sexual Harassment
All members of the University community are
expected to be familiar with the following list.
Examples of behaviors which may constitute sexual
harassment or inappropriate conduct in the University
community include, but are not limited to:
    Deliberate touching which does not contribute to
     or advance the work, service, or education
     activity being conducted.
    Pinching of another
    Repeated brushing against or touching of
     another's body, which does not contribute to or
     advance the work, service, or education activity
     being conducted.
                                                        37
    Examples of Sexual Harassment           (continued)


   Pressure or demands for a date or for sexual
    activity with a subordinate by a person in
    authority.
   Repeated requests for a date or for sexual activity
    which are declined.
   Pictorial or actual displays of obscenity which do
    not contribute to or advance the work, service, or
    education activity being conducted.
   Written, verbal, pictorial, or nonverbal
    communications of a sexual nature which do not
    contribute to or advance the work, service, or
    education activity being conducted.
                                                          38
  Unwelcome Behaviors
The above behaviors shall be presumed
unwelcome without the complainant
communicating that the behavior is unwelcome.


When a complainant has communicated, either
verbally or nonverbally, that a behavior of a sexual
nature which does or does not appear on the
above list is unwelcome, any repetition of that
behavior or similar behavior will be considered
unwelcome. No additional communication should
be necessary for one to understand that his/her
behavior is unwelcome.
                                                       39
Sexual Harassment Spectrum –
Where will you draw the line?

   Appropriate – welcome
       Good judgment/respectful/professional
 Inappropriate
 Violates NMU Policy
 Violates Civil Law
 Violates Criminal Law
       Sexual assault/rape/stalking
       Call Police/Public Safety


                                                40
    Practical tips to avoid claims

 Avoid potentially offensive jokes and
  comments about sex
 Don’t make insensitive or teasing
  comments about a co-worker, subordinate,
  student, or customer’s:
       body, dress, cultural dress/style, religion,
        disability, wheelchair use, race, racial
        attitudes, color, name, manner of speech,
        national origin, age, sexual orientation




                                                       41
    Practical tips to avoid claims              (continued)


   Many sexual harassment claims arise in
    the context of unwanted teasing
       What is funny to some may be offensive to
        others
       What counts is the “reasonable” perception
        of the recipient rather than the intent of the
        alleged harasser
       Consider whether “jokes” or comments
        target and separate individuals or groups
           If so, it could contribute to a hostile work
            environment

                                                              42
Practical tips to avoid claims     (continued)



   Misunderstood practical joker or
    harasser?
       What goes on Comedy Central doesn’t in
        the workplace
       Even comments about a Jerry Seinfeld
        episode about a woman’s name that
        rhymed with a woman’s sexual organ
        resulted in lawsuit fodder
       Look=Leer; touch=grope; joke=harassment:
        when the behavior is unwelcome

                                                   43
    More tips to avoid claims

   Use common sense: Stay away from any
    sexual comments, jokes and other sexual
    conduct in the workplace
       The workplace includes places where breaks
        are taken on campus
       Legal standard is not a general civility
        standard but let’s raise the bar
       Civility and respect go a long way toward a
        collegial, professional and harassment-free
        campus
       If in doubt, don’t!

                                                      44
    More tips to avoid claims         (continued)


   Best practices: No touching in the workplace
       Avoid hugs at work
       Touchy subject, often seen as a friendly gesture
       But not always, cases have resulted from
        workplace hugs that the recipient did not want.
        Seek consent
       No neck rubs or shoulder rubs. General
        comment about sore neck at work is not an
        invitation to rub someone’s neck
   Respect others’ personal space
       Depending on the work setting, arm’s length is
        usually a good measure of personal space
                                                           45
    Reporting Harassment

   It’s up to all of us to stop possible sexual
    harassment
       If it is happening to you, do not let it go or
        ignore it
           Tell the harasser to stop
           Let the harasser know his or her actions make
            you feel uncomfortable
   Take action if you think it is occurring



                                                            46
    Reporting Harassment              (continued)


 Supervisors and Managers: If you know,
  the university knows, if you are made aware
  of allegations of harassment or witness it,
  you must follow up.
 Use the university’s policies and procedures
       A written complaint is not required
       Complaints are taken seriously and investigated
       No retaliation policy for making a complaint or
        participating in an investigation
       Cannot promise complete confidentiality if
        harassment is reported
       Need-to-know basis confidentiality, sufficient to
        investigate allegations
                                                            47
Internal complaints about sexual harassment

   University will promptly investigate a
    complaint and, where appropriate, take
    prompt corrective action up to and including
    discharge from university employment
    and/or expulsion

   Report complaints immediately
       must be reported within ninety (90) calendar
        days




                                                       48
Internal complaints about sexual harassment
(continued)

 Cannot intimidate, discipline, discharge, or
  harass any individual because she or he
  has filed a complaint, instituted
  proceedings, assisted an investigation, or
  formally or informally objected to sexual
  harassment and/or discriminatory
  practices
 If retaliation occurs, report it to:
       the Equal Opportunity Office or Human
        Resources (faculty and staff) or to the Dean
        of Students Office (students)


                                                       49
     Informal complaints
   Where to complain about sexual harassment
    on campus:
       If the alleged harasser is a faculty or staff
        member:
           Report it to the alleged harasser's unit
            administrator (supervisor, director, department
            head) or
           Equal Opportunity Office or
           Human Resources




                                                              50
    Informal complaints            (continued)


   Where to complain about sexual harassment
    on campus (continued)
       If the alleged harasser is the unit
        administrator:
           Report it to unit administrator's superior (dean,
            vice president, president) or
           Equal Opportunity Office or
           Human Resources




                                                                51
    Informal complaints        (continued)


   Where to complain about sexual
    harassment on campus (continued)
       If the alleged harasser is the supervisor of
        the complainant and the complainant is
        subject to a collective bargaining agreement,
        the grievance procedure specified in the
        complainant’s respective bargaining
        agreement must be followed.




                                                        52
    Informal complaints            (continued)


   Where to complain about sexual
    harassment on campus (continued)
       If the alleged harasser is a student
        supervisor or in an authority role (e.g.,
        resident adviser):
           Report it to the Dean of Students Office or
           Equal Opportunity Office




                                                          53
    Informal complaints             (continued)


   Where to complain about sexual
    harassment on campus (continued)
       If the alleged harasser is a student not in an
        authority role and the complainant is a
        student:
           Report it to the Dean of Students Office
               Student Code procedures apply




                                                         54
    Formal Internal Complaint

   If the complainant is not satisfied with the
    results of the informal complaint and
    wishes further action
       Formal complaint procedure available
       Requires a written complaint within 10 days
        to Equal Opportunity Office
           Complaint Resolution Committee convened




                                                      55
     Confidentiality

The right to confidentiality, both of the
complainant and of the accused, will be
respected insofar as it does not interfere with
the University's legal obligation or ability to
investigate allegations of misconduct when
brought to its attention, and to take corrective
action when it is found that misconduct has
occurred.


                                                   56
    Sexual Harassment by Third Parties

   If a student believes that she or he has
    been sexually harassed in a university
    academic program by an individual who is
    not an NMU employee or student:
       Report it to the unit administrator (department
        head or dean) responsible for that academic
        program or
       Equal Opportunity Office




                                                          57
    Sexual Harassment by Third Parties

   If an NMU employee (including a student
    employee) believes that he or she has
    been sexually harassed within the scope of
    his or her employment activities by an
    individual who is not a university employee
    or student:
       Report it to to his or her supervisor or
       Equal Opportunity Office or
       Human Resources
   If a third party has sexually harassed a
    student or employee, the university will take
    corrective action.
                                                    58
 False Complaints

Any member of the Northern Michigan
University community who knowingly files a
false complaint of sexual harassment, or
who knowingly provides false information to
or intentionally misleads university officials
who are investigating a complaint of alleged
sexual harassment, is subject to disciplinary
action, up to and including discharge or
expulsion.

                                                 59
     Consensual Relationships
Consenting romantic and sexual relationships
between faculty/staff and their students or
between supervisors and their subordinates are
full of the potential for exploitation. The respect
and trust accorded a professor by a student or a
supervisor by a subordinate, as well as the power
exercised in an academic or evaluative role, make
voluntary consent by the student or subordinate
suspect.




                                                      60
Consensual Relationships       (continued)


Even when both parties initially have
consented, the development of a sexual
relationship renders the faculty member or
supervisor and the University vulnerable to
possible later allegations of sexual
harassment in light of the significant power
differential that exists between faculty
members and students and supervisors and
subordinates. As such, romantic and sexual
relationships between faculty and their student
or between supervisors and their subordinate
are ill-advised.

                                                  61
    Consensual Relationships         (continued)



Faculty, staff, and supervisors are expected to be
aware of their professional responsibilities and
avoid apparent or actual conflict of interest,
favoritism, or bias. When a sexual relationship
exists, effective steps should be taken to ensure
unbiased evaluation or supervision.




                                                     62
    Equal Opportunity Office

   Available on campus as a resource for civil rights
    and sexual harassment concerns and questions

   When in doubt, call: 227-2420 or e-mail
    cdehlin@nmu.edu

   NMU takes allegations of discrimination and
    sexual harassment seriously

   Complaints will be investigated and action will be
    taken to ensure that any possible discrimination or
    harassment stops
                                                          63
    It’s About Respect
   For yourself

   For others

   And for Northern Michigan University
     To make this an even better, more professional
      place to work and study and to develop a
      higher-functioning institution

   We need everyone’s help to draw the line and
    stop any possible discrimination or harassment
    here at NMU

                                                       64
    Conclusion

   Observe and abide by NMU’s non-discrimination
    and anti-harassment policies and the law

   There will be no retaliation against anyone for
    bringing a complaint or assisting with an
    investigation

   Thank you for your time and attention on these
    important issues!




                                                      65

				
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