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Sexual harassment diversity

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  • 1. Sexual Harassment & Diversity Office of Student-Athlete Success-Tutor Training
  • 2. What is Sexual Harassment? • Harassment of any kind is bothersome, demeaning, irritating, and annoying behavior. Sexual harassment is specifically harassment of a sexual nature. • Most sexual harassment is simply disrespectful behavior toward others. The involved parties can be men or women; supervisors; subordinates or peers. • We all suffer when our workplace tolerates abusive and demeaning behavior. To eliminate sexual harassment, we need to understand it. Copyright 2012 Workplace Answers, LLC
  • 3. University of Arkansas Policy (Adopted by the Campus Council, February 17, 1994; amended, March 17, 1994) It is the policy of the University of Arkansas to provide an educational and work environment in which thought, creativity, and growth are stimulated, and in which individuals are free to realize their full potential. The university should be a place of work and study for students, faculty, and staff, which is free of all forms of sexual intimidation and exploitation. Therefore, it is the policy of the University of Arkansas to prohibit sexual harassment of its students, faculty, and staff and to make every effort to eliminate sexual harassment in the university.
  • 4. University of Arkansas Policy • The policy prohibiting sexual harassment applies regardless of the gender of the harasser or of the person being harassed. • The policy applies to sexual harassment that takes place in any relationship, including both those involving a power differential and those between peers, colleagues, and co-workers. • The university policy prohibits sexual harassment between or among students, faculty, staff, and others visiting or conducting official business on campus, and in all areas of the university's work and educational environments.
  • 5. Laws • Sexual harassment of employees is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. • Sexual harassment of students is a violation of Title IX of the Education Amendments of 1972. • These laws apply to both the university and to individuals. • Those who engage in sexual harassment may be subject to legal consequences, including civil and criminal penalties and monetary damages (University of Arkansas, 2012)
  • 6. Definitions • Sexual harassment as defined by the U.S. Equal Employment Opportunity Commission and adapted to the academic environment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or written communication of a sexual nature, regardless of where such conduct might occur, when: (1) submission to the conduct is made either implicitly or explicitly a term or condition of an individual's employment with the university or of an individual's academic status or advancement in a university program, course, or activity; (2) submission to or rejection of the conduct by an individual is used as the basis for employment or academic decisions affecting that individual; and/or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or learning environment. (University of Arkansas, 2012)
  • 7. Two Types of Sexual Harassment •Quid Pro Quo •Hostile Environment
  • 8. Quo Pro Quid • Latin for "this for that" or "something for something" and refers to an exchange.  Exchange can be between • Employees • Tutors • Students  One is asked to provide sexual favors in exchange for something else  For example:  Special treatment in work assignments  Increased pay or promotion. Copyright 2012 Workplace Answers, LLC Reference: 212
  • 9. Examples of Quid Pro Quo • "Have sex with me and you will get raise," or • "Have sex with me or you will be fired." Quid pro quo is typically more severe and happens less frequently than hostile work environment sexual harassment Copyright 2012 Workplace Answers, LLC Reference: 213
  • 10. Hostile Work Environment • Unwelcome conduct of a sexual nature creates an uncomfortable work environment for some employees. • Examples of this conduct may include: • Sexually explicit talk or emails • Sexually provocative images • Comments on physical attributes or inappropriate touching Copyright 2012 Workplace Answers, LLC Reference: 216
  • 11. • Sexual Harassment is common in the workplace • Found in all occupations and professions, educational backgrounds, age, racial and ethnic groups, and income levels • In 2010, the EEOC received 11,717 complaints at the Federal Level • 16.4% were reported by males • Most cases go unreported Copyright 2012 Workplace Answers, LLC Reference: 151
  • 12. Unwelcomeness • Unwelcome behavior can be classified as mild or severe. • Behavior can range from harmful joking to physical abuse. • What defines something as sexual harassment depends on whether the behavior is unwelcome to the target. • Unwelcomed behavior is simple. It is behavior that is not welcome, not solicited, and not wanted by the offended person. • What you may think is friendly can be taken as offensive to someone else. This is why it is important to think before you act in a way that can be reasonably perceived as sexually offensive. Copyright 2012 Workplace Answers, LLC Reference: 260
  • 13. Unwelcomeness • How can you know beforehand if a behavior is unwelcome? • Here are some general guidelines to avoid committing unwelcome behavior: • respect the people around you, • think before acting, • imagine how other people might be feeling, • be sensitive to diverse perspectives, • exercise common courtesy, and • think twice before making a joke Copyright 2012 Workplace Answers, LLC Reference: 265
  • 14. The "Reasonable Person" Standard • If an unwelcome behavior of a sexual nature causes someone to take offense, it will be judged based on whether a "reasonable person" would find it offensive. • This standard of a reasonable person has arisen from court attempts to interpret what behaviors should reasonably be considered sexual harassment. Since not everyone interprets behaviors in the same way, the courts find that, in order to be illegal, the conduct must be severe or pervasive and offensive to a reasonable person in similar circumstances. • Under this standard, one-time unwelcome behavior will seldom qualify as sexual harassment unless it is sufficiently severe as judged by a reasonable person. Copyright 2012 Workplace Answers, LLC Reference: 285
  • 15. Categories of Sexual Harassment • Sexual harassment can take many forms. Most sexual harassment falls into three categories: • Verbal • Physical • Written or visual (University of Arkansas, 2012)
  • 16. Verbal • Verbal sexual harassment may include, but is not limited to: • sexual innuendoes, comments, and suggestive remarks about clothing, a person's body, or sexual activities; • suggestive or insulting sounds; • whistling in a suggestive manner; • humor and jokes about sex; • sexual propositions, invitations, or other pressure for sex; and • implied or overt threats (University of Arkansas, 2012)
  • 17. Physical • Physical sexual harassment may include, but is not limited to: • patting, pinching, feeling, or any other intentional inappropriate touching; • brushing against the body; • making obscene or offensive gestures; • attempted or actual kissing or fondling; • coerced sexual intercourse; and • assault (See the University of Arkansas Sexual Assault Policy) (University of Arkansas, 2012)
  • 18. Written or Visual • Written or visual sexual harassment may occur when the following types of materials are directed to a specific individual or when people cannot reasonably avoid seeing them (the list is not inclusive): • pictures or drawings of a sexual nature; • sexually derogatory pin ups, posters, cartoons, magazines, or calendars; • messages, words, comments, rhymes, or other writing of a sexually derogatory or suggestive nature. University of Arkansas, 2012
  • 19. Different Perspectives • It is important to know that men and women, people from different cultures, even people of different ages, often have quite different perspectives on harassment and at times may be unable to know the perceptions or intents of another person. The reasons for these differences are many and complex, but it is important for everyone to know that substantial differences may exist, and that assumptions you believe you make in good faith about another's behavior may be invalid. Knowing this, it is advisable for you to exercise restraint, and perhaps consult others, before acting on assumptions Copyright 2012 Workplace Answers, LLC
  • 20. Other Discriminatory Harassment • All forms of discriminatory harassment are unlawful under applicable local, state, and federal law. Other types of federally prohibited discrimination include harassment based on race, color, religion, gender, age, national origin, disability, and genetic information. State and local laws often include additional protections. • The same general principles (such as unwelcomeness, severity or pervasiveness, hostile environment) that you have learned constitute sexual harassment also apply to other forms of harassment. Copyright 2012 Workplace Answers, LLC Reference: 480
  • 21. Other Discriminatory Harassment • Examples of such harassment include: • using epithets, slurs, or stereotypes • threatening, intimidating, or engaging in hostile acts that relate to a protected characteristic • offensive jokes or pranks targeted at members of a protected group • placing on walls, bulletin boards or elsewhere on the employer's premises, or circulating in the workplace by oral, written, electronic or graphic means any material that belittles, mocks or shows hostility toward a person or group because of protected characteristics. Copyright 2012 Workplace Answers, LLC Reference: 480
  • 22. Other Discriminatory Harassment • The standard for other discriminatory harassment is essentially the same as that for sexual harassment - the harassment must be offensive to a reasonable person in the position of the person being harassed, considering all of the circumstances including that person's protected characteristic (such as that person's race, color, religion, age, sex, national origin, or disability). • NOTE: There is often confusion regarding harassment based on sex; such as pervasive "male bashing" or offensive but non- sexual comments regarding women. This type of harassment is equally prohibited by the Civil Rights Act of 1964. However, it is not emphasized in this course on sexual harassment, which is harassment that is "sexual in nature" as defined by the EEOC. Copyright 2012 Workplace Answers, LLC
  • 23. Scenario #1 • Sandy makes personal phone calls to her friends at work on a regular basis. Her calls tend to be loud and distracting. Many times they contain sexually explicit language making her co- workers feel uncomfortable. • Although Sandy is not directing her language directly to anyone she works with, her behavior may add to creating a sexually harassing workplace if those around her find the conversation offensive and unwelcome. • True or False?
  • 24. True! • Sexual Harassment in the office does not have be targeted at a specific person. Sandy’s co-workers may find her behavior offensive, unwelcome and contributing to a hostile work environment, even though her conversations were not aimed at them.
  • 25. • Philip repeatedly asks his co-worker, Sue, out on a date. Each time she turns him down and has even told him to stop asking. • Philip’s actions are not at risk for sexual harassment, because sexual harassment can only occur between a boss and subordinate. • True or False? Scenario #2
  • 26. False! • Although often times harassment involves power relationships, sexual harassment can happen between any individuals at work. • If Sue finds Philip’s requests unwelcome and if continues to ask her out regardless of her directly saying no, his behavior is at risk for sexual harassment.
  • 27. • Adam regularly shares sexually-explicit jokes with his colleagues. Adam’s co- worker, Sarah, is very offended by his jokes. Adam’s behavior is not at risk because his jokes are for fun and he does not mean to sexually harass anyone. • True or False? Scenario #3
  • 28. False! • It does not matter what the intention of the joke is. It depends on the impact it had on the recipient to make it sexual harassment. Adam may not have meant to offend his colleagues, but the impact of his behavior is what matters. • One joke will most likely not result in a sexual harassment claim, but if the behavior pervades the work environment, it is probable that some workers will find it offensive and unwelcome. • Adam's management is obligated to keep the workplace free of offensive behavior of a sexual nature
  • 29. • Bill and Katie have a great working relationship and have newly started dating. They are completely infatuated with each other outside of the office. At work though, they limit their interactions to breaks and lunch. It is obvious they are crazy about each other, but they do not engage in public displays of affection. • Romance of any kind is not acceptable in the work place. Bill and Katie’s relationship is at risk for sexual harassment. • True or False? Scenario #4
  • 30. False! • The law on sexual harassment refers only to non-consensual relationships. This suggests that one of the parties is not willing, does not consent, and finds the behavior unwelcome. • Bill and Katie do have a consensual relationship, and they do not engage in publicly offensive behaviors, so their conduct cannot be interpreted as sexual harassment. • However, romances may go bad and potentially lead to harassment situations. This is why some organizations have made policies concerning office romances.
  • 31. Scenario #5 • Carl and Nancy, both tutors, carpool together to work. On the car ride to the academic center, Carl tries to kiss and hold Nancy’s hand. Nancy strongly protests and Carl backs off. • While Nancy finds Carl’s behavior offensive and unwelcome, the regulations regarding sexual harassment in the work place do not apply, since Nancy and Carl are not at the academic center when the incident occurred. • True or False?
  • 32. False! • Sexual harassment can happen both on and off regular work grounds. This can include business trips, at conventions, and at holiday work parties.
  • 33. Employee Responsibilities • The Supreme Court ruled in 1998 that employers are responsible for the behavior of their employees, but that employees must report any complaints they have, and that employers with well-publicized sexual harassment policies and complaint procedures can cite this in defending themselves. • Employees who object to behavior of others should • ask the offender to stop if they are comfortable doing so; and/or • report their concerns to a supervisor or other member of management to ensure the problem is properly handled. Copyright 2012 Workplace Answers, LLC Reference: 400
  • 34. Educational Diversity
  • 35. Addressing Diverse Audiences: Tutoring the Underprepared • Many of today’s college students are not adequately prepared for college • Expectations of high schools vary so much from place to place that there seems to be no correlation between grades • Tutor centers are seeing an increase in number of students that are not properly prepared, lack study skills, and frequently lack direction and maturity. • The success of the student is directly related to the effectiveness of tutorial services
  • 36. Addressing Diverse Audiences: Tutoring the Underprepared In summary, there are several approaches that tutors can apply to best serve the needs of the underprepared student: 1. The tutor should be aware of the heightened anxiety of the student. 2. The tutor should consider the fact that study skills are most crucial to the underprepared student. Spending time in this area will not only be beneficial to the student, but will make the tutor’s job easier as well. 3. The tutor should be conscious of the fact that most under- prepared students have a great deal of difficulty concentrating on the task. The tutor should attempt to utilize all of his or her best skills in this area. 4. The tutor should frequently check the written work, notes and homework of the student for clarity, accuracy, and completeness. 5. The tutor should attempt to highlight understanding of concepts throughout all of their sessions since it is the case that many under-prepared students tend to try to memorize rather than to learn.
  • 37. Cultural Diversity
  • 38. • Today’s college campuses reflect the diversity of the U.S. population (University of Louisiana at Lafayette Academic Success Center)
  • 39. Race, Ethnic Groups and Culture • Race: refers to a group with similar inherited features. • Ethnic group: refers to a group that shares language, national origin or religious tradition. • Culture: refers to the behaviors and beliefs characteristic shared by a group of people. The ideas and behaviors of an ethnic group, for example, are part of their culture. • (University of Louisiana at Lafayette Academic Success Center)
  • 40. Diversity on Campus • College campuses are among America’s most diverse settings, including both students and faculty. • Despite opportunities to mix, people often associate with people like themselves. • The fear of the unknown may keep us close to those whose backgrounds we relate to. • This prevents us from taking advantage of the abundant opportunities on campus to meet and learn about people who are different from us. (University of Louisiana at Lafayette Academic Success Center)
  • 41. Appreciating Diversity Diversity is the reason that America’s culture and accomplishments are as flourishing and assorted as they are! Yet… Even in college, people often times seek out other people that are similar to them… College is a wonderful opportunity to meet people unlike yourself! Explore different student groups, volunteer opportunities, and organizations that help meet new people. Research as shown that students benefit from positive relations with other students of different racial and ethnic backgrounds. (University of Louisiana at Lafayette Academic Success Center)
  • 42. All people and groups should feel welcome, including those with differences in sexual orientation, age or ability (University of Louisiana at Lafayette Academic Success Center)
  • 43. Be Considerate of Others • Respect culture and diversity • Understand gender issues • Respect sexual orientation • Improve your relationships with diverse others • Different isn’t bad, it’s just different (University of Louisiana at Lafayette Academic Success Center)
  • 44. Ethnicity,Stereotypes, and Prejudice on Campus • Many of us genuinely think that we are not prejudiced, but experts believe that every person holds some prejudices. • Stereotypes lead us to see others in limited and restricting ways. There is so much more to people than the social roles they play, or the groups to which they belong. • We tend to identify with others who are like us, and fear people who are different from us.
  • 45. International Students • Most colleges, including the University of Arkansas, have students from a wide range of countries. • Students bring traditions, values, and behaviors that may be different from those of American students. • If you are an American-born student, think about getting to know one or more international students; it will help expand and further your education. • If you are an international student, adjusting to college in America may bring some confusion and problems; for help, read your text and ask your instructor. (University of Louisiana at Lafayette Academic Success Center)
  • 46. Homosexuality and Bisexuality • A recent figure estimates that about 2–5% of people are homosexual, and about 1% are bisexual. • People sometimes experiment with homosexual behavior in adolescence, but not as an adult. • In most ways, the college goals of homosexual and bisexual students are no different from those of heterosexual students. • These students do experience some difficulties due to their minority status. • Many of these individuals may be in varying stages of their sexual orientation development, just like many of us are in our personal development. • We support all individuals, regardless of their sexual orientation or other type of background. (University of Louisiana at Lafayette Academic Success Center)
  • 47. Summary • Harassment is any kind is bothersome, demeaning, irritating, and annoying behavior. Sexual harassment is specifically harassment of a sexual nature. • Most sexual harassment is simply disrespectful behavior toward others. The involved parties can be men or women; supervisors; subordinates or peers. • We all suffer when our workplace tolerates abusive and demeaning behavior. • To eliminate sexual harassment, we need to understand it. • There is 2 types of sexual harassment: (1)quid pro quo and (2) hostile environment
  • 48. Summary • What defines something as sexual harassment depends on whether the behavior is unwelcome to the target. • Unwelcomed behavior is simple. It is behavior that is not welcome, not solicited, and not wanted by the offended person. • Most sexual harassment falls into three categories: • Verbal • Physical • Written or visual • It is important to know that men and women, people from different cultures, even people of different ages, often have quite different perspectives on harassment and at times may be unable to know the perceptions or intents of another person.
  • 49. Summary • Many of today’s college students are not adequately prepared for college, lacking study skills and direction • This is why excellent tutors are needed! • College campuses are among America’s most diverse settings, including both students and faculty • Most interact only with people like themselves • Be considerate and respect others
  • 50. References • Baril, H. (n.d.). Addressing diverse audiences: tutoring the underprepared student. Retrieved from http://hawaii.hawaii.edu/tlc/Be a tutor/diverse audience.html • University of Arkansas. (2012, July 25). Staff handbook. Retrieved from http://hr.uark.edu/currentemployees/153.aspx • University of Louisiana at Lafayette Academic Success Center Academic Affairs Division (2013). Cultural Diversity. Retrieved from http://studentsuccess.louisiana.edu/content/tutoring/employment- tlc/crla-tutor-certification-training#sthash.KvtNUg8U.dpuf • University of Louisville. (2013). Crla certification: Preventing sexual harassment. Retrieved from http://training.newmedialearning.com/psh/louisville/guest/choice.s html

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