Shoreline Community CollegeShoreline Community CollegeSexual Harassment Prevention Sexual Harassment Prevention for Supervisorsfor SupervisorsLegal Liabilities and Human BehaviorLegal Liabilities and Human BehaviorPresented by Presented by

Stephen P. Smith, J.D.Stephen P. Smith, J.D.Vice President for Human Resources and Legal AffairsVice President for Human Resources and Legal Affairs

Supervisors Training ObjectivesSupervisors Training Objectives

Identify early indications of potential Sexual Harassment issuesIdentify early indications of potential Sexual Harassment issues

Understand the requirements of Sexual Harassment laws and Understand the requirements of Sexual Harassment laws and policies, and related personal and institutional liabilitiespolicies, and related personal and institutional liabilities

Outline the standards of institutional and individual supervisory Outline the standards of institutional and individual supervisory liabilityliability

Review the procedural requirements of SCC Sexual Harassment Review the procedural requirements of SCC Sexual Harassment Policy 4113 and Human rights Universal Complaint ProcedurePolicy 4113 and Human rights Universal Complaint Procedure

11/15/201011/15/2010 22

Prevention and Early IdentificationPrevention and Early Identification

List ten (10) examples of behavior that may indicate potential List ten (10) examples of behavior that may indicate potential Sexual Harassment and explain why:Sexual Harassment and explain why:

1.1.2.2.3.3.4.4.5.5.6.6.7.7.8.8.9.9.10. 10.

11/15/201011/15/2010 33

Laws that Prohibit Workplace and Laws that Prohibit Workplace and Educational Sexual HarassmentEducational Sexual Harassment

FederalFederalTitle VII of the Civil Rights Act of 1964, as amendedTitle VII of the Civil Rights Act of 1964, as amendedTitle IX of the Education Amendments of 1972Title IX of the Education Amendments of 1972Case LawCase Law

StateStateRCW 49.60 – Washington Law Against DiscriminationRCW 49.60 – Washington Law Against DiscriminationRCW 28B – Higher Education LawRCW 28B – Higher Education LawCase LawCase Law

11/15/201011/15/2010 44

Legal Theories of DiscriminationLegal Theories of Discrimination

1.1. Disparate Treatment (Hostile Environment)Disparate Treatment (Hostile Environment)

2.2. Disparate Impact (Statistical Basis)Disparate Impact (Statistical Basis)

3.3. Reasonable AccommodationReasonable Accommodation

4.4. RetaliationRetaliation

5.5. HarassmentHarassment

11/15/201011/15/2010 55

Legal Analysis of Legal Analysis of Sexual Harassment IssuesSexual Harassment Issues

1.1. Quid Pro Quo (“This For That”)Quid Pro Quo (“This For That”) Authority and Perceptions of PowerAuthority and Perceptions of Power Perceived Coercion or ExtortionPerceived Coercion or Extortion Job Benefit or Detriment as ConsiderationJob Benefit or Detriment as Consideration

2.2. Hostile EnvironmentHostile Environment Harassment was Harassment was unwelcome and/or unwantedunwelcome and/or unwanted Harassment was because of gender (sex), Harassment was because of gender (sex), gender gender

identity or gender expressionidentity or gender expression Harassment was either exceptionally Harassment was either exceptionally

severe/traumatic or was repeated and pervasive.severe/traumatic or was repeated and pervasive.

11/15/201011/15/2010 66

Relationships and Relationships and Perceptions of PowerPerceptions of Power

Supervisor Supervisor EmployeeEmployee

EmployeeEmployee EmployeeEmployee

TeacherTeacher StudentStudentStudentStudent StudentStudentThird PartyThird Party

11/15/201011/15/2010 77

Legal Standards of LiabilityLegal Standards of Liability

A.A. Imputed (attributed) to the EmployerImputed (attributed) to the Employer1.1. Strict Liability (Vicarious) Strict Liability (Vicarious)2.2. Tangible Employment Action Tangible Employment Action3.3. Knew or Should Have Known* Knew or Should Have Known*

B.B. Individual Supervisor Civil LiabilityIndividual Supervisor Civil Liability1. Federal Standard ~ shifting case law1. Federal Standard ~ shifting case law2. State Standard ~ Negligence Standard*2. State Standard ~ Negligence Standard*

11/15/201011/15/2010 88

Recognizing Tangible Recognizing Tangible Employment and Academic Actions (Liabilities)Employment and Academic Actions (Liabilities)

1.1.2.2.3.3.4.4.5.5.6.6.7.7.

11/15/201011/15/2010 99

Institutional ResponsibilityInstitutional Responsibility(College Stewardship)(College Stewardship)

Maintain Policy and ProceduresMaintain Policy and Procedures Conduct Regular TrainingConduct Regular Training Specify Civil Rights CoordinatorSpecify Civil Rights Coordinator Prompt and Effective Investigation and Corrective Prompt and Effective Investigation and Corrective

or Disciplinary Actionor Disciplinary Action Good Faith (not acting with deliberate indifference)Good Faith (not acting with deliberate indifference) Maintain privacy; manage confidentialityMaintain privacy; manage confidentiality Ensure Procedural Due Process (fairness)Ensure Procedural Due Process (fairness)

11/15/201011/15/2010 1010

ReviewReviewShoreline Community College Shoreline Community College

Policy and ProceduresPolicy and Procedures

• Policy 4113 on Sexual Policy 4113 on Sexual Harassment Harassment

• Human Rights Human Rights Universal Complaint Universal Complaint Procedure (Policy Procedure (Policy 4111)4111)

11/15/201011/15/2010 1111

Sexual Harassment Sexual Harassment Policy 4113Policy 4113

• Definition of Sexual Harassment (federal Definition of Sexual Harassment (federal standard)standard)• Identifies Types of Sexual HarassmentIdentifies Types of Sexual Harassment• Identifies Specific BehaviorsIdentifies Specific Behaviors• Identifies Consideration FactorsIdentifies Consideration Factors• Emphasizes College Goals and ObjectivesEmphasizes College Goals and Objectives• Identifies Procedural Guidelines Identifies Procedural Guidelines

11/15/201011/15/2010 1212

Human Rights Universal Human Rights Universal Complaints ProcedureComplaints Procedure

(Policy 4111)(Policy 4111)

• Informal (verbal) seeking resolutionInformal (verbal) seeking resolution• Three step process – VPSS or VPHRThree step process – VPSS or VPHR

• FormalFormal• Submitting written complaintSubmitting written complaint• Documented InvestigationDocumented Investigation• Five step processFive step process

• • External Complaint OptionsExternal Complaint Options•Federal and State AgenciesFederal and State Agencies

11/15/201011/15/2010 1313

Questions? Questions? Discussion?Discussion?

Thank YouThank You