Phillips Academy

Creating a Culture of Respect

Harassment

Quid Pro Quo– Express or implied demands for sexual favors in exchange

for a tangible employment benefit or grade, the rejection of which results in monetary loss/impact to grades, adverse change in workload or assignment, loss of professional advancement opportunity

Hostile Environment– Verbal or physical conduct of a sexual nature– Conduct that is unwelcome– Conduct that is severe or perverse enough that a

reasonable person would find it creates a hostile working or learning environment

Legally Protected Classes

Race Ethnicity Religion Sex Age Sexual Orientation Marital Status National Origin Disability Veteran Status

Types of Prohibited Conduct

Discrimination against or harassment of an individual when based upon a legally protected status is a violation when pervasive and severe and:

such conduct, or the submission to or rejection of such conduct, affects or forms the basis for employment decisions, or as to students, academic decisions affecting the person;

submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or, as to students, academic advancement; or

such conduct has the purpose or effect of unreasonably interfering with a person’s work or, as to students, academic performance or creates an intimidating, hostile or offensive working or, as to students, academic environment.

Examples of Prohibited Behavior

Racial or ethnic jokes Unwanted touching from another person Obscene language or gestures Derogatory remarks about a person’s age Making fun of a person’s disability Demeaning comments about someone’s

religious beliefs

Impact

Loss of productivity/poor grades Negative work or learning environment Low morale Higher employee turnover/reduced

participation in activities Costly lawsuits Adverse media attention Damaged reputation

Reporting Procedures

Phillips Academy Anti-Harassment and Anti-Discrimination Policy

Harassment Council Director of Human Resources Director of Risk Management and

Administrative Services Senior Members of Administration

Complaint Follow Up

Investigation Processes Documentation of Recommendations Prohibition of Retaliation State and Federal Remedies

Retaliation

Adverse action or treatment after engaging in a protected activity, such as reporting an incident or participating in an investigation– The one accused of retaliation had to have known

about the claimant’s protected activity– There needs to be a causal link established

between the protected activity and the adverse action or treatment

Examples of Retaliation

Being denied a promotion or receiving a demotion

Being excluded from special projects Being terminated Receiving a poor performance evaluation or

poor grades Realizing a salary or benefits reduction Being ridiculed or bad mouthed

Role of Supervisor/Administrator

If a supervisor witnesses harassment/discrimination:– Take immediate action to ensure it doesn’t recur– Take disciplinary action if necessary

If a supervisor receives a complaint of harassment/discrimination:– Ensure the situation is investigated and handled

properly

Supervisor Responsibilities

Know what the policies say and follow them Recognize problematic situations Respond appropriately if approached by an

employee with a concern Remind employees about the policy

Employee Responsibilities

Know what the policies say and follow them Use good judgment in how you behave and

what you say Speak up if you feel that behavior is

inappropriate Always keep your behavior above suspicion Respect boundaries

Summary

Definitions Protected Classes Impact on the institution Examples of inappropriate Behavior Reporting Procedures Follow-up Retaliation Supervisor/Employee Responsibilities

Conclusion

All employees have a responsibility to assist in the prevention of harassment.

By taking that responsibility seriously the campus community can work together to create a culture of respect.

Case Study #1 (FAC)

Mr. Sanderson had been on the faculty for 25 years and the coach of the varsity boy’s lacrosse team for most of those years. It had been his custom for all of his coaching years to pat his players on the butt at the end of each game as they exited the field. Gary, the team’s goalie, felt very uncomfortable about this ritual and told his house counselor.

Case Study #2 (Fac)

John, a teaching fellow, was grading papers in his apartment one evening when there was a knock on his door. It was a student of his, Allison, looking teary-eyed and obviously in a great deal of personal distress. She told him, between choked sobs, that she had just received a phone call informing her of her best friend’s death in an automobile accident. John invited Allison in, gave her a cup of tea, and tried to calm her down. He agreed to walk her back to her dormitory. While strolling across the campus at 10:00 p.m., he put his arm around her shoulder to comfort her when she started to sob. When they reached her dorm, he gave her a hug and told her to stay in touch, he would be “there” for her.

Case Study #3 (Fac)

At a dorm meeting with ninth grade boys, a few kids are laughing about how funny it was when three of them snuck into Bill’s room late Saturday night and wrote a message on Bill’s thigh while he slept. Bill is now listening to their humorous tale, but you cannot tell how he feels about this incident.

Case Study #4 (Fac)

At some point on the road of almost every away game, a male athlete on the team throws out a sexist joke or comment that is loud enough for all on the bus to hear. The managers, who are female, tend to roll their eyes or make a comment concerning the joke. The jokes and comments have become a normal part of an away trip.

Case Study #5 (All)

Someone writes “fag” on a student’s locker in GW.

Case Study #6 (All)

Roger is a very friendly and physically demonstrative person who stands close while speaking with people, both coworkers and students. He often touches people during conversation with them and loves to offer hugs.

Case Study #7 (All)

A male librarian was bantering with a male and female student couple in the library. During the conversation, he commented on the female’s revealing clothing, and suggested that her boyfriend shouldn’t miss the opportunities available to them. After the couple left the library, the librarian replayed the conversation in his mind and realized he crossed a boundary.

Case Study #8a (All)

Phyllis and John, both school employees are dating.

Case Study #8b

Phyllis and John had gone on several dates before John decided to end the relationship. Now Phyllis calls him several times a day.

Case Study #8c

Phyllis continues her frequent calls to John. But now she corners him in the front office and other employees see him try to avoid her physical advances.

Case Study #9 (Staff)

James is a new building custodian. Julie, a female student has developed a crush on James and flirts with him regularly while he does his rounds. Julie has told him that she has a hard time adjusting to life away from home and that talking to him makes her feel more comfortable. He likes the attention, but is worried what others might think

Case Study #10a (All)

Working Late: Part 1Beth is working late with her supervisor, Jim, to prepare

for a large student event. Jim comes back into the room from a phone call. Looking upset, he tells Beth his marriage is going badly and he feels very alone. Beth feels sorry for him and listens. Jim says he is now attracted to women other than his wife. He asks Beth if she feels attracted to other people although she is seriously dating someone. Beth changes the subject to potential issues that may come up at the event the next day.

Case Study #10b

Working Late: Part 2 Jim and Beth discuss the event for a while, but Jim seems

preoccupied with his marital woes. He says that some people age more gracefully than others, and unfortunately he married someone who has not aged well. He says Beth has aged very gracefully and asks how she manages to look so young. Jim then asks Beth how a woman as bright, charming and good looking as she is can still be single. He asks her if she has ever known what it feels like to be lonely. Beth doesn’t say anything, laughs uncomfortably, and pretends to occupy herself with some busy work.

Case Study #10c

Working Late: Part 3 The next morning, Beth tells Jim that she is uncomfortable discussing

their personal lives with him. She tells him that she likes him as a person but she thinks they should stick to work. Jim responds that she shouldn’t be so sensitive and that he is just treating her like he would treat any other close coworker, but if her wishes are to keep things strictly on a business level, he can certainly accommodate her.

At the event Jim does all the talking and acts as if Beth does not exist. Beth is not sure if their discussion affected his attitude towards her but suspects it may have. Shortly thereafter, Beth receives her employee evaluation from Jim. For the first time since she started working at the institution Beth receives poor scores in the categories of “judgment” and “interpersonal relations.”