Training Slides - University of Oklahoma

Sexual Harassment and Gender Discrimination
Training For Faculty/Employees
The University of Oklahoma is committed to providing an
educational and employment environment free from
This training course deals with gender-based
discrimination that can take a variety of forms, in both
the employment and educational context, under Title IX
of the Educational Amendments Act of 1972 as well as
Title VII of the Civil Rights Act of 1964.
Please be aware the content of the materials that
follow may be disturbing to some. However, to ensure
the University has an environment free from
harassment and discrimination, and pursuant to
federal requirements, the University must address
these sensitive topics.
If you have been the subject of a traumatic event such
as those described, the University’s Sexual Assault
Response Team Advocates are available to assist you
24 hours a day/7 days a week:(405) 615-0013. Or,
Number Nyne Crisis Line:(405) 325-NYNE. For Tulsabased programs:(918) 660-3163.
Gender Discrimination
What is “Gender Discrimination”?
Gender discrimination can take many forms and includes sexual
harassment, gender-based harassment/gender-based bullying, sexual
orientation discrimination, and sexual violence. Gender discrimination
or sexual orientation discrimination involves a university or its
employees taking an “adverse action” against a person because of
his/her gender or sexual orientation.
What is an “Adverse Action”?
It includes, but is not limited to:
• Disciplinary action
• Reduced pay
• Lack of promotion
• Lower grades
Gender Discrimination
Gender Bias and Assumptions
Unconscious bias can also be a basis for gender discrimination claims. Much
of human behavior is governed by mental processes that exist outside of
social awareness or conscious control. Examples of common social
assumptions proven by the research conducted by the Women in Science and
Engineering Leadership Institute include:
• male and female evaluators attributing successful performance of a task
to skill for men and to luck for women even though each succeeded
• female post-doctoral candidates needing substantially more credentials to
achieve the same rating as male candidates for similar positions;
• assumptions about family responsibilities and a candidate’s career path
negatively influencing evaluation of a candidate’s merit despite evidence
of productivity.
Gender Discrimination
Gender Bias and Assumptions
There are several ways in which University employees can ensure implicit
bias does not occur, including but not limited to:
• developing and applying consistent criteria for evaluating candidates,
students, and employees;
• spending sufficient time consistently evaluating each person on his or
her merits;
• periodically evaluating decisions and considering whether qualified
women and minorities are included in hiring or appointments or
whether they are negatively impacted by decisions. If so, determine
whether implicit bias is a factor and correct it.
Sexual Orientation
Sexual orientation discrimination is shown by taking an adverse
 because someone does not act or look the way another believes a male or female
should look/act, or
 because someone either has, or is believed to have, a specific sexual orientation.
Offering Mr. Joe Smith a job, but rescinding the offer once you find out he is
planning on having a sex reassignment surgery.
Sexual Harassment Can Take Two General Forms
Sexual harassment is a form of gender discrimination and can take two general forms: quid
pro quo and hostile environment as discussed below:
1. Quid pro quo (Latin for “this-for-that”) is a person in a position of authority:
 making unwelcome sexual advances, requesting sexual favors, or other verbal or physical
conduct of a sexual nature; and either
indicating, explicitly or implicitly, that failure to submit to, or the rejection of, such
conduct will result in adverse educational or employment action, or
conditioning participation in an educational program or institutional activity or benefit
upon the complainant’s submission to such activity.
e.g.: A sexual sexual harassment claim could arise where a supervisor
indicates that a better schedule would be available for an employee if she
agreed to date the supervisor (or she would receive an unfavorable schedule
if she refuses).
Sexual Harassment Can Take Two General Forms
2. Hostile environment is the creation of an environment through:
actions or words that are
sexual in nature, or
based on gender, and
are unwelcome,
pervasive, and
objectively offensive
such that it has the effect of unreasonably interfering with, denying, or limiting someone’s
ability to participate in, or benefit from, the University’s educational program and/or
Sexual harassment can be committed against a person of either sex by a person of either sex. A
person can be sexually harassed by a person of the same sex. Anyone can be harassed regardless
of age, appearance, gender or economic status. Sexual harassment can occur between a supervisor
and an employee, among colleagues or employees, among students, or between a student and
faculty or staff member. It can occur between vendors or persons temporarily on campus and an
employee, student, faculty, or staff member. It can occur on-the-job or off-the-job, on-campus or
e.g. Joe and John are co-workers. Joe continually asks John about his sex life and whether he is
satisfied. Joe constantly asks John to go have beers every Friday and see where the night leads
them. Joe has begun rubbing John’s neck at the office. Assuming this is unwelcome, there is a
potential policy violation.
Sexual Assault/Misconduct
There are several forms of sexual misconduct that are also considered forms
of gender discrimination and sexual harassment.
Although these acts of misconduct may also be considered crimes, they are
policy violations and the University investigates these acts (regardless of
criminal proceedings) where they are:
• committed between faculty, staff, or students, or
• perpetrated on University property and the University has control over
the context of the event.
Regardless of whether there are potential criminal penalties, it is important for
you to know whether an incident reported to you falls within one of these
categories to comply with your potential mandatory reporting obligations.
Sexual Assault/Misconduct
Non-Consensual Sexual Intercourse is defined by the policy as:
Any sexual intercourse or penetration of the anal, oral, vaginal, or genital opening of the victim:
 including sexual intercourse, or the penetration by any part of a person’s body, or
 by the use of an object, however slight, or
 by one person to another, and
 without consent or against the victim’s will.
Bob and Jenny both work at the University go out to happy hour after work. Bob has 4 cocktails and
Jenny drinks a Coke. Jenny sees that Bob needs a ride home and takes him to his apartment. When
they arrive, Bob starts undressing Jenny. Unbeknownst to Bob, Jenny was sexually abused as a child
and is incapable of verbalizing her objection to sex. She becomes passive, but does not say “no”
and does not push him off of her; however, she does not want to have intercourse. This is a
potential policy violation, even if Bob is intoxicated himself, and even if he does not know that Jenny
does not wish to have intercourse.
As the sexual aggressor, Bob must have CLEAR words OR actions from Jenny, demonstrating a willingness
to engage in the act. Here, she was passive and did not give clear consent. Engaging in intercourse
without the ability to clearly identify words or actions demonstrating legal consent can lead to a policy
violation, separate and apart from any potential criminal violation.
Sexual Assault/Misconduct (continued)
Sexual Assault/Misconduct (continued)
A number of acts fall into the category of sexual violence, including rape, sexual assault,
sexual battery, sexual misconduct, and sexual coercion, and many turn on the definition of
Consent is the act of willingly agreeing to engage in sexual contact or conduct.
 Consent is informed, knowing, and voluntary.
 Consent is active, not passive. Silence, in and of itself, cannot be interpreted as
 Consent can be given by words or actions, as long as those words or actions create
mutually understandable permission regarding the conditions of sexual activity.
 Consent to one form of sexual activity cannot imply consent to other forms of sexual
 Previous relationships or consent does not imply consent to future sexual acts.
 Consent cannot be procured by use of physical force, compelling threats, intimidating
behavior, or coercion. Coercion is unreasonable pressure for sexual activity.
In order to give effective consent, one must be of legal age and have the capacity to consent.
Incapacity may result from:
mental disability,
intellectual disability,
age (under 16 years of age),
use of alcohol, drugs, medication, and/or other substances,
consent given by someone who one should know to be, or based on the
circumstances, reasonably should have known to be, mentally or physically
incapacitated, is a policy violation.
Incapacitation is a state where someone cannot make rational, reasonable decisions
because he or she lacks capacity to give knowing consent (e.g. to understand the “who,
what, when, where, why or how” of their sexual interaction).
Examples of when a person should know the other is incapacitated
include, but are not limited to:
 the amount of alcohol, medication, or drugs consumed, or
 imbalance or stumbling, or
 slurred speech, or
 lack of consciousness, or
 inability to control bodily functions or movements, or
 vomiting.
The sexual aggressor’s use of alcohol, medications, or other drugs does not
excuse behavior that violates this policy.
Other Sexual or Gender-Based Misconduct
If based on one’s gender, other forms of misconduct may also constitute
violations of this policy including:
 Threatening or causing physical harm, extreme verbal abuse, or other conduct that threatens or endangers the
health or safety of any person;
 Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
 Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within
the University community, when related to the admission, initiation, pledging, joining, or other group-affiliation
 Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt,
control, or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by
the First Amendment);
 Violence between those in an intimate relationship with each other;
 Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or
interference with the peace and/or safety of a member of the community.
Mandatory Reporting and You
means you must report immediately to University officials if you become aware of
incidents of sexual assault/misconduct where:
 the incident occurs on University property, or
 the alleged perpetrator is somehow affiliated with the University (student,
faculty, staff, contractor, client, or patient), and
 the action is either taken on University property, or in a context
controlled by the University, or
 the action taken is not on University property, but the victim and
perpetrator are both faculty, staff, students, or contractors of the
Mandatory Reporting and You
The University has an obligation to commence an investigation within 10 days of being on
notice of a potential policy violation. Notice begins the moment YOU become aware. Timely
reporting to University officials is crucial to a proper investigation. If you are a mandatory
reporter and fail to report an incident, you may be held individually liable for the failure to
report under Title IX by the victim or subsequent victims of the alleged perpetrator.
Where to Report
If you are a mandatory reporter, you must report the incident directly to one of the following offices:
Shad Satterthwaite, EOO and Associate Title IX Officer
Norman Campus (405) 325-3546, [email protected], or
Josh Davis, Associate Title IX Officer,
Tulsa campus (918) 660-3107, [email protected], or
Bobby Mason, Compliance Officer/Associate EOO/Title IX Officer
HSC Campus (405) 271-2110, [email protected], or
Kathleen Smith, Sexual Misconduct Officer
(405) 325-2215, [email protected], or
Laura Palk, Institutional Equity and Title IX Officer
(405) 325-3549, [email protected]
Exceptions to Mandatory Reporting
of Reports
 There are instances where the potential victim does not wish to have his or
her name disclosed in a report of sexual assault, violence, or misconduct. In
these instances, your initial report may be made in a Jane/John Doe format,
withholding personally identifiable information until an evaluation has been
made regarding whether the incident poses a threat to the larger University
 Reports must be made to the individuals noted above even where a victim
has indicated he/she has advised local or campus law enforcement. The
University has an independent obligation to investigate certain policy
Consensual Sexual Relations Policy Violations
The University has a policy against supervisors/faculty dating the
employees/students they supervise/teach.
 The University has a Consensual Sexual Relations Policy found
 Where a person is in a supervisory role over another
employee/student and is dating the subordinate, the
supervisor must notify his or her supervisor so that a
management control plan can be put in place.
 As part of a management control plan, individuals who are in
a position of authority over another may not continue in the
authoritative role over the subordinate.
Retaliation is a separate policy violation from gender discrimination and is any
attempt to:
 penalize, or
 take an adverse employment, educational, or institutional benefit action,
including, but not limited to:
making threats,
reprisals, or
taking other adverse action
 against a person because of participation in a complaint or the investigation of
discrimination, sexual harassment, or sexual misconduct.
Consequences of Violating these Policies
Where an employee violates these policies, disciplinary action up to
and including termination or abrogation of tenure may be imposed or
sought once an investigation has been conducted and it is found that
more likely than not a policy violation has occurred.
Resources Available to the Complainant
The University provides several services available to assist complainants of violations of the
Sexual Misconduct, Discrimination and Harassment Policy, including:
 Sexual Assault Response Team (24/7) (405) 615-0013 - provides free advocates and referrals to
other resources on-campus and off-campus. For Tulsa-based programs (8 a.m. – 5 p.m.): (918)
 OUPD - (405) 325-2864 - provides law enforcement support.
 Tulsa Security - (918) 660-3900 – provides law enforcement support.
 Title IX Officer/Sexual Misconduct Officer - (405) 325-2215 - provides administrative remedies
including: scheduling arrangements, no contact orders, placing alleged individuals on
administrative leave, recommending administrative trespass orders, and referrals to other
Minors on Campus
All employees should be aware that the University often has minors on its campus
for a variety of reasons:
field trips
course credit
There are specific best practices with respect to hosting minors on campus located at:
Should you have a reasonable suspicion of any abuse or neglect of a minor while on University
property, or where the minor is in your care at a University-related event, but the abuse may have
occurred off-campus, you have an independent obligation under Oklahoma state law to notify the
Oklahoma Department of Human Services immediately (1-800-522-3511) and OUPD (405-3251911). If any incidents also involve violations of the Sexual Misconduct, Discrimination and
Harassment policy, you should contact DHS, OUPD or Tulsa Security (918-660-3900) and the
University’s Sexual Misconduct Office (405-325-2215).
Test Questions
Janice, an administrative assistant at the University, is a new mother of twins. To
help meet her demands at home, Janice asked her director if she could cut back
to an 80% schedule. The director agreed and pro-rated her salary and benefits.
Janice’s male and female colleagues began commenting on her “short”
workdays. The quality of the items assigned to her diminished. The Office forgot
to invite Janice to an annual retreat, and the director did not include her on a
major business pitch. All of this occurred despite her maintaining her excellent
levels of productivity on a shortened schedule. Is this a potential policy
Although some bias is open and overt, much of
it is hidden. Bias arises from social experience
and cultural beliefs. Bias affects what we notice
about people and how we interpret their
behavior. Assumptions are pervasive and are
shared by both men and women. Small bias
and imbalances like this example can lead to
slower advancement for women and can
contribute to a claim of gender discrimination.
Test Questions
Mark is a tenure track professor who dresses and acts in a very feminine style. He is
widely considered to be the best professor in the department; however, his
Committee A evaluates him poorly because he acts too feminine in his dealings with
his colleagues and the Committee has received too many complaints from students
and his colleagues that he belongs in the fashion business and not their department.
Committee A advises him he should behave in a more masculine manner to obtain
tenure. Could this be evidence of discrimination based on sexual orientation?
Reprimands because he does not seem masculine
enough could be considered adverse actions based
on his sexual orientation or perception of how males
should act and behave, rather than based on his
actual work performance.
Test Questions
A Vice President over an area remarks daily on his female assistant’s attire, indicating
how “sexy” she is and suggesting she should open one more button on her blouse. The
VP invites the assistant to lunch each day and tells her sexually explicit jokes while at
lunch. He strokes her hair, indicating how beautiful she is. During the weekly staff
meeting, he jokes to others in the office, while she is present, that if it weren’t for how
beautiful she is, he wouldn’t retain her services as she doesn’t know how to answer a
phone. The assistant has told the VP she doesn’t like the attention he gives her, but he
laughs and ignores her. Which policy violations are applicable here?
A. Sexual harassment
B. Nonconsensual sexual contact
C. Consensual Sexual Relations Policy
D. A and B
A and B. He is in a position of authority over his
assistant and has likely not only created a hostile
environment through his constant sexually based
comments, but she may also have a claim for quid
pro quo harassment as he has indicated he would
fire her if she weren’t so cute. This is an implicit
threat that if she does not date him, he will fire her.
Additionally, his stroking of her hair in combination
with his statements to her are likely a violation of the
nonconsensual sexual contact policy even though
hair is not an intimate body part. It is not a violation
of the Consensual Sexual Relations Policy yet as she
has not consented to date him nor does the interest
in dating appear mutual. If the facts were different,
and she were interested in dating him, he would need
to cease being her supervisor through a
management control plan.
Test Questions
John and Mary are both students at the University at the University and go
out for drinks one evening. Mary drinks 5 shots and has begun slurring her
speech and is off-balance when she walks. Mary is very flirtatious with John
and is making suggestive comments to him such that he thinks she is
interested in an intimate relationship that evening. John is tipsy too and
takes her to his apartment. He undresses her and has intercourse with her.
She has not indicated she wishes to engage in the act. She does not push
him away or say “no”. She remained conscious throughout the incident. Is
this a policy violation?
 Yes
 No
The facts reveal that Mary was likely incapacitated
at the time of the intercourse and there is no clear
evidence that she willingly and voluntarily
consented. Silence and passivity are insufficient to
establish consent. Even if Mary acted interested
prior to the incident, consent may be withdrawn at
any time. Her failure to say no and his intoxication
are not defenses to this policy violation, particularly
where, as here, he knows how many drinks she
Test Questions
Mary tells Alice, a staff assistant in Student Affairs, about the incident. Alice
tells Mary she thinks this is nonconsensual sexual intercourse in violation of
the University’s policy, but Mary begs her not to tell anyone as she is
embarrassed. Is Alice required to report this to the Sexual Misconduct
Alice is a University employee and is considered a mandatory reporter for
incidents either occurring on-campus or between University affiliated
individuals whether on-campus or off-campus. Here, both Mary and John are
also University students; thus, the nonconsensual sexual intercourse is a policy
violation and Alice must advise the Sexual Misconduct Officer. Alice may
initially advise the Sexual Misconduct Officer that the person does not wish to
be identified. The Sexual Misconduct Officer will inquire of Alice about the
nature of the event to determine whether a threat to the larger community is
present if the names of the individuals are not released. The Sexual
Misconduct Officer will encourage Alice to advise Mary about the services of
the Sexual Misconduct Office with respect to issuing “No Contact Orders”
between the parties, ensuring John and others do not retaliate against Mary
for bringing a claim, and ensuring that Mary knows all of the available
resources both on-campus and off-campus.
Test Questions
Belinda is an assistant in your department. Several of the female assistants have
friended one another on Facebook and text each other at least every other evening.
They often go to happy hour together after work. One evening, a man begins flirting
with Belinda and asks her out. Unbeknownst to Belinda, her female colleagues see
this. He is one of their boyfriends. Belinda begins receiving hateful posts on her
Facebook page from her colleagues saying she is such a “B&*+h” and “what a sl*t”.
At work, they have begun snubbing her and not speaking to her. Throughout the
week, each of them periodically will text her things like “we know what you did this
week with him” and “you better watch out; you never know when something will
happen to you.” Which potential policy violation has occurred?
Sexual Exploitation
Sexual Coercion
Sexual Harassment
Gender-Based Bullying
Both C and D.
Gender-based bullying is repeated and/or severe
aggressive behavior likely to intimidate or intentionally
hurt, control or diminish another person physically or
mentally. This also creates a sexually hostile work
environment. This type of behavior can have a
negative impact on the workplace environment and
you should report the incident to either your
department chair/dean/supervisor and/or the Sexual
Misconduct Office, even in instances where you are
not considered a mandatory reporter. The University
can do a variety of things to cease the behavior,
including issuing “No Contact Orders”.
Test Questions
One day your co-worker tells you about what is clearly a rape that occurred
off-campus at a non-University related event by someone not employed by
or affiliated with the University. Do you need to report this?
 Yes
 No
Where the incident does not occur on campus or
where both the victim and perpetrator are not
affiliated with the University, there is no duty to
report the matter even where the victim is a
University employee. However, as a colleague, it
would be helpful to provide her/him with
information for available resources, such as
counseling on-campus and off-campus. SART is
always available for University individuals: (405)
615-0013. Tulsa (918) 660-3163.
Test Questions
Donnie is a tenured University professor and often invites certain of his male students to lunch
and dinner, implying that he wishes to assist them in furthering their careers. However, at
these lunches and dinners, the conversation is purely personal and has no academic or career
counseling content. The students feel he is interested in dating them. He texts these students
several times during the week in the evenings, asking them what they are up to and whether
they are dating anyone. The students who do not respond to his texts or don’t join him for lunch
or dinner are never asked to participate in additional activities or research that will further their
academic and career development. Donnie also makes it apparent during class that these
students are on his bad side, and they are the only ones who receive poor grades on
assignments. Their work product appears to be at least as good as the favored students, if not
better. The disfavored students come to you as the department chair to complain. What
should you do?
A. Nothing. There is no evidence Donnie has actually dated a student so there is nothing to report.
B. Talk to Donnie about his behavior and indicate to him that a policy violation may have occurred.
C. Call the Sexual Misconduct Officer and report a potential policy violation.
D. Both B and C
D. Both B and C.
As the department chair, you have an obligation to
ensure that faculty do not engage in conduct that
places students at risk. Here, you have enough
facts to warrant a discussion with Donnie about his
potential policy violation. You should advise him
that he should take no retaliatory action against the
students for complaining and if the facts are true as
stated, a potential policy violation could have
occurred. As a department chair, you are a
mandatory reporter of potential sexual harassment
claims and should report this to the Sexual
Misconduct Officer. If the facts are as alleged,
Donnie may have engaged in quid pro quo sexual
harassment, tying grades to submission to his
sexual advances.
Test Questions
Mary Sue is a faculty member engaged in discussions with one of her male students
about going to graduate school. She tells him he is too handsome to go to graduate
school and should concentrate on being a male model instead. She suggests that
for his final paper in her class, he should dress in a speedo and gauge other people’s
reactions to him. He feels very uncomfortable talking to Mary Sue and feels that her
discussions with him are demeaning. He tells her that he doesn’t think this is funny
and that he is serious about graduate school. She laughs at him and tells him he
should be flattered, and she would be willing to tutor him at home “if he knows what
she means.” Is this a policy violation?
The Sexual Misconduct, Discrimination and
Harassment Policy applies equally to men and
women. Mary Sue’s discussion about how her
student looks and suggesting he wear revealing
clothes along with her invitation and suggestions are
not only unprofessional, but unwelcome sexual
advances and are likely severe and pervasive enough
as his instructor to constitute sexual harassment.
Test Questions
You and your graduate student are dating one another. You are married
and do not wish anyone to know about your dating relationship. You decide
not to advise anyone about the situation and continue to supervise your
graduate student. Is this a policy violation?
 Yes
 No
You are in a position of authority over your
graduate students (as you are over your students
and any employees or assistants you supervise).
The Consensual Sexual Relations Policy prohibits
your continuing to supervise someone with whom
you have a relationship. You need not indicate why
you need a management control plan in place, but
you must request one from your supervisor (e.g.,
your department chair, associate dean, dean,
Test Questions
You are a faculty member and one of your students has filed a sexual
harassment claim against you with the Sexual Misconduct Office and
another student of yours has testified as a witness in the complaint midsemester. You believe the witness-student is simply attempting to stir the
pot and you do not believe you can continue teaching either student so
you ask them both to withdraw from your class. Is this problematic?
Before taking any adverse action against someone for
being a witness to (or filing of) a complaint, you should
discuss the matter with the Title IX Officer and Legal
Counsel, as it is likely that requesting a withdrawal by
these students under the facts as noted above would
be considered retaliation. This is a separate policy
violation and could result in individual liability for you.
Test Questions
You are in charge of a summer enrichment program at the University at which
12 and 13 year olds attend. One day you learn a male camper is sexually
harassing a female camper on University property. Who should you call?
Sexual Misconduct Office
A, B and C
All three.
Test Questions
Paul is a graduate student in physics and his wife gave birth to their first
son yesterday. Unfortunately, she is hospitalized for at least two weeks
due to complications. Paul will need to care for his newborn son. He has
a mid-term due in one of his physics’ classes this week and will miss
several lab assignments and quizzes in several courses. He asks his
professors for some accommodations in his courses and provides medical
documentation of his need. Is he entitled to any?
Title IX applies equally to men and women. It requires
universities to provide reasonable accommodations
for pregnant and parenting students and employees,
typically in conjunction with the Family Medical Leave
Act, similar to those accommodations a university
would provide to someone with a temporary disability
(e.g. incompletes, medical withdrawals, alteration of
practicum locations or schedules, ability to make-up
exams, etc.). Likewise, fathers have certain parental
rights under Title IX, entitling them to similar
accommodations where there is a documented need.
Disability Resource Center, the Title IX Office and the
Office of Legal Counsel can assist in evaluating
whether a requested accommodation is reasonable.
However, if an administrator or professor is
comfortable providing the requested accommodation,
there is no need to consult with these offices first.
Available University Resources
To Report Sexual Misconduct contact:
Shad Satterthwaite, Associate Title IX Officer for Norman-based programs: (405) 325-3546
Josh Davis, Associate Title IX Officer for Tulsa-based programs: (918) 660-3107
Kathleen Smith, Sexual Misconduct Officer: (405) 325-2215
Laura Palk, Institutional Equity & Title IX Coordinator: (405) 325-3549
For Services and Referrals contact:
• Sexual Assault Response Team 24/7
 HSC/Norman: (405) 615-0013
 Tulsa: (918) 660-3163
For Emergencies contact:
• OUPD Police Department: (405) 325-2864
• Tulsa Security: (918) 660-3900

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