Sexual Harassment Employee On Employee


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Dr. William Allan Kritsonis, Public School Law, School Law, School Legal Issues, Educational Laws & Policies

Professorial Roles

Dr. Kritsonis has served in professorial roles at Central Washington University, Washington; Salisbury State University, Maryland; Northwestern State University, Louisiana; McNeese State University, Louisiana; and Louisiana State University, Baton Rouge in the Department of Administrative and Foundational Services.
In 2006, Dr. Kritsonis published two articles in the Two-Volume Set of the Encyclopedia of Educational Leadership and Administration published by SAGE Publications, Thousand Oaks, California. He is a National Reviewer for the Journal of Research on Leadership, University Council for Educational Administration (UCEA).
In 2007, Dr. Kritsonis was invited to write a history and philosophy of education for the ABC-CLIO Encyclopedia of World History.
Currently, Dr. Kritsonis is Professor of Educational Leadership at Prairie View A&M University – Member of the Texas A&M University System. He teaches in the PhD Program in Educational Leadership. Dr. Kritsonis taught the Inaugural class session in the doctoral program at the start of the fall 2004 academic year. In October 2006, Dr. Kritsonis chaired the first doctoral student to earn a PhD in Educational Leadership at Prairie View A&M University. He has chaired over 18 doctoral dissertations. He lives in Houston, Texas.

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Sexual Harassment Employee On Employee

  1. 1. Sexual Harassment: Employee on Employee William Allan Kritsonis, PhD
  2. 2. Definition <ul><li>Sexual harassment is defined as unwelcome </li></ul><ul><li>sexual advances, requests for sexual favors, </li></ul><ul><li>or other verbal, visual, or physical conduct </li></ul><ul><li>of a sexual nature made by one person to </li></ul><ul><li>another. </li></ul>
  3. 3. Two Kinds of Sexual Harassment <ul><li>Quid pro quo occurs when a </li></ul><ul><li>person in authority such as </li></ul><ul><li>a manager, supervisor or </li></ul><ul><li>faculty member makes an </li></ul><ul><li>unwelcome sexual advance </li></ul><ul><li>or request for a sexual favor </li></ul><ul><li>to an employee or student </li></ul><ul><li>and submission to or </li></ul><ul><li>rejection of the advance is a </li></ul><ul><li>condition of employment or </li></ul><ul><li>academic standing. </li></ul><ul><li>Hostile environment </li></ul><ul><li>harassment consists of </li></ul><ul><li>unwelcome sexual </li></ul><ul><li>misconduct that </li></ul><ul><li>substantially interferes with </li></ul><ul><li>work or academic </li></ul><ul><li>performance or creates a </li></ul><ul><li>hostile working or learning </li></ul><ul><li>environment. </li></ul>
  4. 4. Forms of Sexual Harassment <ul><li>Physical </li></ul><ul><li>Verbal </li></ul><ul><li>Visual </li></ul>
  5. 5. Physical Form <ul><li>Touching </li></ul><ul><li>unwanted massages </li></ul><ul><li>patting, caressing, or fondling </li></ul><ul><li>impeding or blocking movement </li></ul><ul><li>standing closer than appropriate or necessary for the work being done, touching or rubbing oneself sexually around or in view of another person, or assault. </li></ul>
  6. 6. Verbal Form <ul><li>targeting a person with sexual comments, slurs, jokes, or rumors </li></ul><ul><li>verbal sexual advances, threats or propositions </li></ul><ul><li>verbal abuse of a sexual nature </li></ul><ul><li>making sexual comments about a person's clothing, body, or looks </li></ul><ul><li>sexually degrading words used to describe an individual </li></ul><ul><li>suggestive or obscene letters, notes, or invitations </li></ul><ul><li>turning work or academic discussions into sexual discussions </li></ul><ul><li>asking about sexual fantasies, preferences, or history, and </li></ul><ul><li>asking personal questions about social or sexual life </li></ul>
  7. 7. Visual Form <ul><li>leering (looking at someone in s sexually suggestive manner) </li></ul><ul><li>making suggestive gestures </li></ul><ul><li>displaying pornography, sexually suggestive pictures, cartoons, posters or literature </li></ul><ul><li>having sexually suggestive software on a work or academic computer. </li></ul>
  8. 8. When Reporting Sexual Harassment <ul><li>Reports can be oral or in writing. The report must </li></ul><ul><li>include several things: </li></ul><ul><li>name of the alleged harasser </li></ul><ul><li>detailed description of harassing acts </li></ul><ul><li>names of any possible witnesses </li></ul><ul><li>time period of harassing acts </li></ul><ul><li>whether any tangible job action has occurred (demotion, termination, missed promotion, undesirable job assignment). </li></ul><ul><li>***The complainant will not be required to confront the alleged harasser as part of the reporting or investigatory process. </li></ul>
  9. 9. Cases
  10. 10. Guzman v. Harlandale I.S.D, <ul><li>A male teacher repeatedly bothered two female colleagues </li></ul><ul><li>with unsolicited comments of affection, and was terminated for his </li></ul><ul><li>immorality. Immorality was defined by the Texas Commission of </li></ul><ul><li>Education to mean willful, flagrant, or shameless behavior that shows a </li></ul><ul><li>moral indifference to the opinion of the good and respectable members </li></ul><ul><li>of the community in which the behavior occurs. Guzman had made </li></ul><ul><li>such suggestions that they should go away for the weekend, and that </li></ul><ul><li>he wanted to be her puppy so that she would take him home and take </li></ul><ul><li>care of him. The commissioner stated that Guzman’s unsuccessful and </li></ul><ul><li>boring attempts to win the affection of the teachers did not amount to </li></ul><ul><li>the aforementioned definition of immorality. The commissioner </li></ul><ul><li>ordered the teacher to be reinstated. </li></ul>
  11. 11. Masson v. School Board of Dade County <ul><li>Masson alleges that she was subjected to a </li></ul><ul><li>hostile work environment based on the explicit </li></ul><ul><li>remarks of John Leyva, the principal and her </li></ul><ul><li>immediate supervisor. Masson also alleged that </li></ul><ul><li>Leyva has a pattern and practice of sexually </li></ul><ul><li>harassing his other subordinate female employees. </li></ul><ul><li>The courts found that the school board was not </li></ul><ul><li>liable for sexual harassment of a female teacher by </li></ul><ul><li>a male principal. </li></ul>
  12. 12. Clark County School District v. Breeden <ul><li>In 1994, the respondent’s male supervisor met </li></ul><ul><li>with the respondent and another male employee to review </li></ul><ul><li>evaluation reports of four job applicants. During this </li></ul><ul><li>meeting, a report disclosed that the applicant had once </li></ul><ul><li>made and inappropriate comment to a co-worker. The </li></ul><ul><li>respondent claims that she was punished for complaining </li></ul><ul><li>to the petitioner’s personnel about the alleged sexual </li></ul><ul><li>harassment. In 2002, the courts ruled that a single </li></ul><ul><li>incident of alleged sexual harassment does not violate Title </li></ul><ul><li>VII of the Civil Rights act of 1964. </li></ul>
  13. 13. Prevention <ul><li>Develop an anti-harassment policy together with employees, managers, and union representatives. </li></ul><ul><li>Communicate the policy to all employees </li></ul><ul><li>Make sure that all managers and supervisors understand their responsibility to provide a harassment-free work environment. </li></ul><ul><li>Ensure that all employees understand the policy and procedures for dealing with harassment - new and long-term employees alike - this involves training, information and education. </li></ul><ul><li>Show you mean it - make sure the policy applies to everyone, including managers and supervisors. </li></ul>
  14. 14. Prevention, continued <ul><li>Promptly investigate and deal with all complaints of harassment. </li></ul><ul><li>Appropriately discipline employees who harass other employees. </li></ul><ul><li>Provide protection and support for the employees who feel they are being harassed. </li></ul><ul><li>Take action to eliminate discriminatory jokes, posters, graffiti, e-mails and photos at the work site. </li></ul><ul><li>Monitor and revise the policy and education/information programs on a regular basis to ensure that it is still effective for your workplace. </li></ul>
  15. 15. Dr. William Allan Kritsonis