Sexual Harassment PreventionTraining

The purpose of this course is to provide training to you on the sexual harassment policy at BYU-Idaho. The official policy is Policy 2-13 and is entitled Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior.

You can access the policy by clicking here

This online course consists of 35 slides and should take approximately 1 hour to complete.

Introduction

Sexual harassment is against the law.

Sexual harassment is a violation of the BYU-Idaho Honor Code. (please read)

Sexual harassment is contrary to the teachings of the Church.

Why sexual harassmentpreventiontraining?

The university prohibits sexual harassment against all persons involved in the campus community, including administrators, faculty, staff, students, visitors, vendors, contractors, and other third parties.

In addition,

Title VII of the Civil Rights Act and Title IX of the Educational Amendments of 1972

prohibit sexual harassment in employment and in an academic setting respectively.

What isBYU-Idaho's

policy on sexual

harassment? 

The university also prohibits unlawful gender-based discrimination and inappropriate gender-based behavior in the workplace or in an academic setting directed at another due to that person's gender.

Inappropriate gender-based behavior is conduct which violates the Church Educational System Honor Code or the individual dignity of university personnel, students, or campus visitors but which does not rise to the level of unlawful sexual harassment or unlawful gender-based discrimination.

What isBYU-Idaho's

policy on sexual

harassment? 

Sexual harassment, unlawful gender-based discrimination, and inappropriate gender-based behavior perpetrated by students, not acting in the capacity of a university employee, is also covered by this policy and is implemented through the coordinated efforts of the Human Resources Office and the Dean of Students Office.

Any inappropriate behavior, as defined in the Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior Policy, may result in disciplinary sanctions.

(Source: BYU-Idaho Policies and Procedures)

What isBYU-Idaho's

policy on sexual

harassment? 

A closerlook at

the policy 

What is the difference between:

1.Sexual harassment2.Unlawful gender-based discrimination3.Inappropriate gender-based behavior

No clear and easily applied legal definition of sexual harassment can be simply stated. However, guidelines as to what constitutes unlawful sexual harassment have been developed by anti-discrimination agencies such as the U.S. Equal Employment Opportunity Commission and through U.S. Supreme Court decisions. The conduct does not necessarily have to relate to sexual activity. The law forbids any treatment of an employee or student at the university that disadvantages the person only because that person is a man or a woman.

Any abusive, severe, and pervasive conduct directed to one gender in the workplace or in a university academic setting may be unlawful sexual harassment.

1. Sexual Harassment

1. Sexual Harassment (continued)

Unlawful sexual harassment falls into two separate categories of "quid pro quo" and "hostile environment" sexual harassment.

A.“Quid pro quo” sexual harassment is present when:

• there is an express or implied request or demand for sexual favors;

• there is an express or implied threat to a tangible employment or academic benefit related to the employee's or student's acceptance or rejection of the request or demand;

• the person making the request or demand is in a position to implement the threat.

B. “Hostile environment sexual harassment” is conduct directed at a person due to gender which is so severe or pervasive that it substantially and negatively interferes with the ability of the person against whom the conduct is directed to perform employment or academic functions.

To constitute unlawful hostile environment sexual harassment, the harassing conduct must be excessive, pervasive, severe, or part of a continuing pattern or practice. Occasional or sporadic offensive behavior of a mild nature is against university policy and subject to disciplinary action, even though the behavior may not rise to the level of unlawful hostile environment sexual harassment.

1. Sexual Harassment (continued)

2. Unlawful Gender-Based Discrimination

 

Under Title VII of the Civil Rights Act, the Americans with Disabilities Act , and the Age Discrimination in Employment Act , it is illegal to discriminate in any aspect of employment, including:

•hiring and firing;•compensation, assignment, or classification of employees;•transfer, promotion, layoff, or recall;•job advertisements; •recruitment;•testing; •use of company facilities; •training and apprenticeship programs; •fringe benefits;•pay, retirement plans, and disability leave; •other terms and conditions of employment.

Discriminatory practices under these laws also include:

•harassment on the basis of race, color, religion, gender, national origin, disability, or age;

•retaliation against an individual for filing a charge or participating in an investigation;

•employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain gender, race, age, religion, or ethnic group, or individuals with disabilities;

•denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.

(Source: EEOC)

2. Unlawful Gender-Based Discrimination

(continued) 

2. Unlawful Gender-Based Discrimination

(continued) 

PLEASE NOTE: Private religious institutions may be exempt from some aspects of the application of these laws. For example, BYU-Idaho reserves the right under the law to prefer members in good standing with The Church of Jesus Christ of Latter-day Saints in employment and enrollment.

Brigham Young University-Idaho is committed to providing an academic and employment environment that is free from discrimination on the basis of gender. Gender-based discrimination will not be tolerated whether initiated by university faculty, administrative or staff personnel, students, or by third parties on the campus.

In addition, consistent with the Honor Code requirement that all members of the university community respect the personal rights of others, any violation of an individual's right to be free from abusive conduct which is gender related constitutes a serious violation of the Honor Code.

(Source: BYU-Idaho Policies and Procedures)

2. Unlawful Gender-Based Discrimination

(continued) 

The university’s definition of inappropriate gender-based behavior is any inappropriate behavior in the workplace or in the academic setting directed at another due to that person's gender and which violates the Honor Code or the individual dignity of university personnel, students, or campus visitors, but which does not rise to the level of unlawful sexual harassment.

This policy creates a behavioral expectation of respect and appropriateness for all university personnel, students, and campus visitors. It does not create an independent basis for a claim against the university. The conduct does not necessarily have to be sexual in nature.

3. InappropriateGender-Based

Behavior

The following is a list of examples of inappropriate gender-based behavior. These behaviors, if severe and pervasive, could rise to the level of unlawful sexual harassment.

•Repeated stereotypical gender-based remarks; •Sexually oriented joking, flirting, or comments; •Unwelcome touching or any touching of a sexual nature; •Verbal or physical abuse; •Graphic sexually oriented comments about an individual's body; •Derogatory or demeaning comments concerning gender; •Any perceived disrespectful behavior attributable to gender; •Offensive or crude language; •Display of objects or pictures which are sexual in nature; •Persistent and unwanted attempts to change a professional and/or academic relationship into a personal one.

3. InappropriateGender-Based

Behavior (continued)

Dating, romantic, or amorous relationships at the academic or work-related level between persons where a power differential exists (e.g., professor to student, teaching assistant to student, supervisor to employee or subordinate) should be avoided. If such a relationship exists, it should be approved by supervisors, and, as a general rule, not entered into or continued while one individual has the power to either reward or penalize the other.

University personnel or students who believe they have been subjected to inappropriate gender-based behavior should follow the procedure for reporting, investigation and resolution as outlined in this policy.

(Source: BYU-Idaho Policies and Procedures)

3. InappropriateGender-Based

Behavior (continued)

I. Employees and Campus Visitors –

Persons who believe they have been subjected to unlawful gender discrimination, have been unlawfully sexually harassed, or have been subjected to inappropriate gender-based behavior where the alleged perpetrator is a faculty member, administrator, staff, student employee, or a campus visitor are encouraged, if practicable and if the incident is minor and isolated, to resolve the matter directly and in private with the offender.

However, if in the sole discretion of the complainant this approach is not practicable, the incident is serious, or the misconduct is part of a continuing pattern, the complainant should report the incident to the offender's line management, who will coordinate appropriate actions with Human Resources. An individual may, at any time, bypass management and report the incident directly to Human Resources.

Procedures for Reporting

Administrators, deans, chairs, directors, managers and supervisors are responsible for this policy within their area of responsibility. However, they should contact the Human Resources Office for assistance in resolving these problems. Further they should also notify the Human Resources Office of the nature and resolution of any complaints to allow the university to track possible recurring problems.

Members of the university community who engage in minor, isolated, or inadvertent misconduct in violation of this policy should be counseled by line management to assist them in understanding the discomfort and harm which may be caused by such behavior.

Procedures for Reporting

II. Students –

All complaints of sexual harassment, unlawful gender discrimination, and inappropriate gender-based behavior in which a student is the alleged perpetrator may be initially filed with either the Human Resources Office or the Dean of Students Office.

The Human Resources Office will review and take appropriate action in respect to any university employment using the same procedures as with other personnel.

Procedures for Reporting

Procedures for Reporting

The Dean of Students Office will review and take appropriate action with respect to the student's standing at the university.

Upon receipt of a complaint, the Dean of Students Office will review the complaint and work with the alleged violator through principles of dialogue and education to assist the student in understanding the discomfort and harm which may be caused by such behavior. Each case will be resolved according to established policies and procedures designed to deal with the BYU-Idaho Honor Code incidents.

The above-mentioned offices will make appropriate cross referrals to the other.

(Source: BYU-Idaho Policies and Procedures)

Duty to Report

Personnel or students who fail to report or to cooperate in the investigation of complaints of sexual harassment, unlawful gender-based discrimination, or inappropriate gender-based behavior may be subject to appropriate disciplinary action.

The confidentiality of the reporting party will be observed provided it does not interfere with BYU-Idaho's ability to investigate and take corrective action.

Filing of false charges will be treated as a serious breach of the Honor Code, subjecting the individual making the false accusations to appropriate disciplinary measures.

(Source: BYU-Idaho Policies and Procedures)

I. Employees and Campus Visitors

An adequate, reliable, and impartial investigation will be undertaken in a prompt and equitable manner by the Human Resources Office and appropriate line management upon notification of alleged sexual harassment, unlawful gender-based discrimination, or inappropriate gender-based behavior involving faculty, administrative, staff, student employee, or a campus visitor as the alleged perpetrator.

If the alleged perpetrator is a student employed by the university and the alleged act occurred in the workplace, the investigation will be coordinated between Human Resources and the Dean of Students Office.

Investigation Process

Due to the sensitive nature of such allegations and the potential for irreparable damage to a person's reputation, all charges will be investigated as confidentially as reasonably possible. The participants will be required to keep the allegations and proceedings confidential and to provide information only to those who have a legitimate need to know.

Complaining parties will be asked to verify or affirm that the facts stated in their complaint are true.

Investigation Process

The university will, in good faith, attempt to conclude the investigation within 60 days of receiving the complaint. If, due to the complexity of the case or other mitigating facts and circumstances, the investigation cannot be concluded within the 60 day period, the accused and the aggrieved will be provided with notice of a specific time frame for concluding the investigation and a schedule for providing the aggrieved and the accused with periodic reports regarding the status of the investigation. Both the accused and the aggrieved will be given notice of the outcome of the investigation.

Investigation Process

II. Students

When the alleged perpetrator is a student whose alleged misconduct is not related to employment, the investigation will be handled through the Dean of Students Office according to the same general investigation principles applicable to university personnel and third parties.

(Source: BYU-Idaho Policies and Procedures)

Investigation Process

I. Employees and Campus Visitors

The resolution of complaints of sexual harassment, unlawful gender discrimination, or of inappropriate gender-based behavior which cannot be resolved directly and in private with the perpetrator, or require action beyond simple counseling by line management may be sought through either an informal or formal grievance procedure. The grievance procedure will be coordinated by Human Resources.

For more details on the informal or formal grievance procedures please see the Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior Policy.

Informal and Formal

Resolution Procedures

II. Students

Complaints of sexual harassment, unlawful gender-based discrimination, or inappropriate gender-based behavior in which the alleged perpetrator is a student, not acting in the capacity of a University employee, will be resolved according to established policies and procedures designed to deal with Honor Code incidents.

If either the alleged perpetrator or alleged victim is aggrieved by a decision of the Dean of Students Office with respect to an alleged violation of this policy, he/she may request a review of the decision through the regularly established Dean of Students Office review process.

(Source: BYU-Idaho Policies and Procedures)

Informal and Formal

Resolution Procedures

Any violation of the Sexual Harassment, Unlawful Gender-Based Discrimination, and Inappropriate Gender-Based Behavior Policy by faculty members, administrators, staff, campus visitors, or students may result in disciplinary sanctions including termination of employment, suspension, separation from the university, being physically banned from the campus, and/or such other penalties, sanctions and impositions as may be appropriate and available to the university.

In addition to any individual sanctions levied, BYU-Idaho will take the reasonable and necessary steps to correct the discriminatory effects on the aggrieved and on others, as appropriate, and to prevent the recurrence of the actions leading to the complaint.

(Source: BYU-Idaho Policies and Procedures)

Sanctions

A victim of sexual harassment has the right to initiate a grievance procedure against the university to be determined by fair procedures to be established by the university if based on the substantiated allegations that (a) the complainant has been a victim of sexual harassment by a member of the university community and that (b) the university has failed to take timely and effective action to remedy the matter.

External remedies may also be available to the victim under Title VII of the Civil Rights Act and/or Title IX of the Educational Amendments. Moreover, victims are encouraged to report cases involving possible criminal misconduct to the appropriate law enforcement agencies.

Victim’s Rights

Retaliation against an individual who has filed a complaint of unlawful sexual harassment will be considered a separate violation of policy and the retaliating person may be subject to disciplinary sanction, including termination, suspension, separation from the university and being banned from campus depending upon the circumstances and severity of the retaliation. Encouraging others to retaliate also violates this policy.

(Source: BYU-Idaho Policies and Procedures)

Victim’s Rights

If you are the target of unwanted sexual attention or behavior:

Respond to the problem. Make your feelings absolutely clear. Sometimes people don't realize that they're being offensive.

Record the times, places, and specifics of each incident, including other people who might have observed the incident.

Report harassment to your supervisor and Human Resources. If the harasser is your supervisor, go to the person who is responsible for your supervisor's actions. (Source: BYU-Idaho Discrimination Training, BYU-Idaho Legal Council)

What youcan do

 

Don't...

•address others in demeaning terms•intentionally hug or brush against another's body •rub shoulders or backs •ask probing questions about personal matters •counsel those with serious personal problems •divulge intimate details of personal life •tell sexually oriented jokes •flirt, leer, or pinch •wear suggestive clothing

Personal Interaction Guidelines

Do...

•have respect for all people •be sensitive to others' right to privacy •be aware of others' personal space •refer employees to appropriate resources •compliment on others' achievements and qualities •be open-minded •maintain a sense of humor •dress professionally •maintain professional relationships •be aware of the impact of your actions •tell others when their behavior is offensive

Personal Interaction Guidelines

For more information, please refer to the BYU-Idaho Sexual Harassment Policy on the internet. If you have questions about the university's policy on sexual harassment, please contact the BYU-Idaho Human Resources Office (ext. 1130).

Please send an email to training@byui.edu to confirm that you have completed this training program.

Thank you!

End