Discrimination Prevention:Discrimination Prevention: Title VII/NSHE Policy, ADA, Title VII/NSHE Policy, ADA,

Sexual Harassment and Sexual Harassment and Title IXTitle IX

Presented by:Presented by:Denise Cordova, ManagerDenise Cordova, Manager

ADA and Title IX CoordinatorADA and Title IX CoordinatorEqual Opportunity and Title IXEqual Opportunity and Title IX

Jones Center, Building 043, room 103

775-784-1547http://www.unr.edu/eotix

OFFICE HOURSOFFICE HOURSOffice Hours: M thru F, 8AM to 5PM or by appointmentOffice Hours: M thru F, 8AM to 5PM or by appointmentWe are able to meet with clients before or after work.We are able to meet with clients before or after work.

We will meet with you in our Jones Center offices or at different locations on We will meet with you in our Jones Center offices or at different locations on campus if necessary.campus if necessary.

An individual filing a complaint of alleged discrimination or sexual harassment An individual filing a complaint of alleged discrimination or sexual harassment may select an independent advisor for assistance, support and advice.may select an independent advisor for assistance, support and advice.

This person can be a friend, co-worker, spouse, religious advisor, relative or This person can be a friend, co-worker, spouse, religious advisor, relative or anyone that would make you more comfortable while making your anyone that would make you more comfortable while making your complaint.complaint.

Our office can be contacted anonymously. Our office can be contacted anonymously.

Affirmative ActionAffirmative Action As an employer that receives more than As an employer that receives more than

$50,000 dollars in federal monies we are $50,000 dollars in federal monies we are required to have an Affirmative Action required to have an Affirmative Action Program. Program.

This program requires that we have This program requires that we have recruiting and outreach goals for recruiting and outreach goals for underrepresented groups. This is in underrepresented groups. This is in addition to our yearly AA plan which addition to our yearly AA plan which reflects these goals. reflects these goals.

This is required by Executive Order 11246 This is required by Executive Order 11246 and is also stated in Title 41, Chapter 60 and is also stated in Title 41, Chapter 60 of the Code of Federal Regulationsof the Code of Federal Regulations

The Equal Opportunity/Title IX OfficeThe Equal Opportunity/Title IX Office

• 1. Collaborate with Human Resources, Student Conduct and UNR Police Services

• 2. Conduct internal investigations concerning discrimination and/or sexual harassment• 3. Handle inquiries concerning employment discrimination/sexual harassment issues• 4. Conduct training for Faculty, Staff & Students• 5. Reviews policies and procedures• 6. Americans with Disabilities Act (ADA) Compliance• 7. Serve on diversity committees and perform other service activities at the university

ADA ComplianceADA Compliance

The EO/Title IX Office is also the ADA The EO/Title IX Office is also the ADA Compliance Office.Compliance Office.If you have, or develop, a disability whether If you have, or develop, a disability whether physical or mental and need physical or mental and need accommodation, please contact the accommodation, please contact the EO/Title IX Office.EO/Title IX Office.Service animals are allowed on all UNR Service animals are allowed on all UNR campuses for accommodation purposes, campuses for accommodation purposes, unless it endangers the animal.unless it endangers the animal.

Complaints ProcessComplaints Process Every person in our campus community has a right to file a Every person in our campus community has a right to file a

complaint.complaint.

Complaints must be filed within Complaints must be filed within 300300 days from the date of harm or days from the date of harm or discovery of the alleged act to be considered timely under UNR policy.discovery of the alleged act to be considered timely under UNR policy. All complaints are taken in confidence, but confidentiality cannot be All complaints are taken in confidence, but confidentiality cannot be

guaranteed throughout the investigative process. Most complaint guaranteed throughout the investigative process. Most complaint investigations are resolved within 45 days; however some cases investigations are resolved within 45 days; however some cases require additional time.require additional time.

All Complainants and Respondents are notified in writing of aAll Complainants and Respondents are notified in writing of a complaint being filed. All respondents will have the opportunity to complaint being filed. All respondents will have the opportunity to

answer the allegations filed against them.answer the allegations filed against them.

All parties will be notified in writing of the findings of the All parties will be notified in writing of the findings of the investigation, however, the complainant will not be notified of the investigation, however, the complainant will not be notified of the disciplinary action taken, if any, against the respondent pursuant todisciplinary action taken, if any, against the respondent pursuant to NAC 284.718, which addresses employee confidential records.NAC 284.718, which addresses employee confidential records.

When it comes to Discrimination and Sexual When it comes to Discrimination and Sexual Harassment, someone else’s perception of an Harassment, someone else’s perception of an

event may differ from our own.event may differ from our own.

NSHE/UNR Policies NSHE/UNR Policies Against Discrimination Against Discrimination

• All students, faculty, staff and other members of the All students, faculty, staff and other members of the campus community, including non-employees and campus community, including non-employees and non-students, are subject to these policies (BOR non-students, are subject to these policies (BOR Handbook, Title 4, section 8, pages 1-15 and UNR Handbook, Title 4, section 8, pages 1-15 and UNR Administrative Manuel, pages 89-99).Administrative Manuel, pages 89-99).

• Individuals who violate this policy are subject to Individuals who violate this policy are subject to discipline, up to and including termination and/or discipline, up to and including termination and/or expulsion.expulsion.

• This policy is not intended to and does not infringe This policy is not intended to and does not infringe upon academic freedom in teaching or research as upon academic freedom in teaching or research as established in the NSHE Code, Chapter 2.established in the NSHE Code, Chapter 2.

• Unlawful harassment involves conduct aimed at Unlawful harassment involves conduct aimed at any legally protected category: Race, Gender, any legally protected category: Race, Gender, Religion, Color, Nation Origin, Age, Sexual Religion, Color, Nation Origin, Age, Sexual Orientation (in NV), Gender Identity or Orientation (in NV), Gender Identity or Expression (in NV), Disability, Veteran Status, Expression (in NV), Disability, Veteran Status, and Genetic Information.and Genetic Information.

• Some unpleasant situations may not fall under Some unpleasant situations may not fall under protected categories, but may still be prohibited protected categories, but may still be prohibited under NSHE/UNR Human Resource policies. under NSHE/UNR Human Resource policies. Example: A supervisor who yells at his or her Example: A supervisor who yells at his or her employees, or uses profane language. This may employees, or uses profane language. This may be unprofessional, but is not unlawful.be unprofessional, but is not unlawful.

• Being respectful in the workplace towards co-Being respectful in the workplace towards co-workers and others is the best way to avoid workers and others is the best way to avoid discriminatory situations.discriminatory situations.

Harassment vs. Unlawful Harassment vs. Unlawful HarassmentHarassment

Unlawful Harassment is . Unlawful Harassment is . . .. .

• UnwelcomeUnwelcome• Offensive to the recipient and/or a Offensive to the recipient and/or a

“reasonable person.” “reasonable person.” • Severe or pervasive-meaning more than a Severe or pervasive-meaning more than a

one time occurrence excluding a battery, one time occurrence excluding a battery, rape, physical assault or in cases where rape, physical assault or in cases where there is a pattern of conduct that might seem there is a pattern of conduct that might seem like a one time occurrence to the victims.like a one time occurrence to the victims.

• Prohibited under State and Federal Law.Prohibited under State and Federal Law.• Does not refer to occasional compliments of Does not refer to occasional compliments of

a socially acceptable nature.a socially acceptable nature.

Typically, discrimination and/or harassment Typically, discrimination and/or harassment

is not that obvious.is not that obvious.

Sexual HarassmentSexual Harassmentand Discriminatory Behaviorand Discriminatory Behavior

Sexual Harassment and Discriminatory Behavior can include:Sexual Harassment and Discriminatory Behavior can include:– Touching, Hugging, Patting, Rubbing, Pinching, Getting too close to Touching, Hugging, Patting, Rubbing, Pinching, Getting too close to

someone; unwelcome sexual advances. Can be implicit or explicit.someone; unwelcome sexual advances. Can be implicit or explicit.– Sexually explicit pictures, cartoons, videos, screensavers, posters, Sexually explicit pictures, cartoons, videos, screensavers, posters,

sexual objects/toys, pornographic magazines that are not related to sexual objects/toys, pornographic magazines that are not related to someone’s educational course, study content, syllabussomeone’s educational course, study content, syllabus

– Anything with sexually explicit language (i.e. t-shirts, music) again not Anything with sexually explicit language (i.e. t-shirts, music) again not related to academic freedomrelated to academic freedom

– Stalking/Indecent Exposure/FlashingStalking/Indecent Exposure/Flashing– Sexual Coercion / Sexual Assault (Title IX)Sexual Coercion / Sexual Assault (Title IX)– Using racial, ethnic or gender slurs/Sexually explicit profanityUsing racial, ethnic or gender slurs/Sexually explicit profanity– Retaliation for Complaining of or rejecting discriminatory treatment or Retaliation for Complaining of or rejecting discriminatory treatment or

sexual harassment.sexual harassment.

One’s cultural background and upbringing are not valid One’s cultural background and upbringing are not valid defenses to illegal behavior.defenses to illegal behavior.

Consensual Relationship PolicyConsensual Relationship Policy

The University of Nevada, Reno prohibits romantic or sexual The University of Nevada, Reno prohibits romantic or sexual relationships in circumstances in which one of the individuals relationships in circumstances in which one of the individuals involved is in a position of direct professional power over the involved is in a position of direct professional power over the other. (Nevada Administrative Code 284.377)other. (Nevada Administrative Code 284.377)

A Consensual Relationship in the workplace could result in A Consensual Relationship in the workplace could result in complaints of sexual harassment where co-workers feel they complaints of sexual harassment where co-workers feel they are treated unfairly based on the actions of a supervisor or are treated unfairly based on the actions of a supervisor or someone in authority who is engaging in a relationship with a someone in authority who is engaging in a relationship with a co-worker.co-worker.

Faculty and students or supervisors and supervisees entering Faculty and students or supervisors and supervisees entering into a relationship where no power differential exists should into a relationship where no power differential exists should be aware that power differentials may change, and should be aware that power differentials may change, and should avoid situations that may become exploitative. avoid situations that may become exploitative.

THERE IS NO SUCH THING AS A SECRET THERE IS NO SUCH THING AS A SECRET OFFICE OR CLASSROOM ROMANCE!!!!OFFICE OR CLASSROOM ROMANCE!!!!

Retaliation against an individual who files a complaint,Retaliation against an individual who files a complaint, complains of discrimination or sexual harassment or complains of discrimination or sexual harassment or provides information in an investigation concerning provides information in an investigation concerning discrimination or sexual harassment is a violation of policy discrimination or sexual harassment is a violation of policy and law. and law.Retaliatory acts may include: unwarranted disciplinary action, a Retaliatory acts may include: unwarranted disciplinary action, a

reduction in pay, denial of merit, an unfair evaluation rating, reduction in pay, denial of merit, an unfair evaluation rating, an unfair grade, frequent and undesirable changes in the an unfair grade, frequent and undesirable changes in the location of an office, a bad work schedule, a dismissal or location of an office, a bad work schedule, a dismissal or transfer, isolation of an employee, sabotaging a person’s transfer, isolation of an employee, sabotaging a person’s work product, intimidation, threats.work product, intimidation, threats.

No action should be taken against any employee unless it is for No action should be taken against any employee unless it is for a legitimate business reason.a legitimate business reason.

Retaliatory complaints may be filed even if the initial Retaliatory complaints may be filed even if the initial discrimination or sexual harassment complaint is not proven.discrimination or sexual harassment complaint is not proven.

Discrimination and/or Sexual Discrimination and/or Sexual Harassment can happen to Harassment can happen to anyone!anyone!

Discrimination and Sexual Harassment can Discrimination and Sexual Harassment can happen to anyone.happen to anyone.Regardless of your race, gender, ethnicity, Regardless of your race, gender, ethnicity, sexual orientation or age.sexual orientation or age.If you observe discrimination or sexual If you observe discrimination or sexual harassment occurring to others, don’t think harassment occurring to others, don’t think it can’t happen to you.it can’t happen to you.Report all incidents of discrimination and Report all incidents of discrimination and sexual harassment to the EO/Title IX Office.sexual harassment to the EO/Title IX Office.

Penalties for Discrimination and Penalties for Discrimination and Sexual HarassmentSexual Harassment

Discipline, which can result in terminationDiscipline, which can result in termination Loss of Time Loss of Time Potential loss of Money (Legal Fees)Potential loss of Money (Legal Fees) EmbarrassmentEmbarrassment Ruined career and reputationRuined career and reputation Discrimination and Sexual Harassment Discrimination and Sexual Harassment

complaints can sometimes end up in a court complaints can sometimes end up in a court room, a police officers report, the newspaper, or room, a police officers report, the newspaper, or in an attorney’s office. in an attorney’s office.

The penalties are real, so take this seriously.The penalties are real, so take this seriously.

Computer UseComputer Use

There is no reasonable expectation of privacy on a There is no reasonable expectation of privacy on a UNR/NSHE computer.UNR/NSHE computer.– UNR/NSHE does not monitor computer use.UNR/NSHE does not monitor computer use.– Computers may be downloaded and checked for engaging Computers may be downloaded and checked for engaging

in illegal activities and wrongdoing.in illegal activities and wrongdoing.

Hate MailHate MailSexually Explicit Jokes or picturesSexually Explicit Jokes or picturesEvidence of Stalking or threatening an IndividualEvidence of Stalking or threatening an IndividualPlease make sure you are using your computer for appropriate Please make sure you are using your computer for appropriate uses.uses.

Social Networks / Cell PhonesSocial Networks / Cell Phones““Friending” coworkers and/or students, facultyFriending” coworkers and/or students, faculty

Facebook Facebook MySpaceMySpace SkypeSkype Linked-inLinked-in TwitterTwitter TextingTexting “ “Sexting”Sexting”

Supervisor’s ResponsibilitiesSupervisor’s ResponsibilitiesIf a supervisor receives a complaint of alleged sexual harassment, or If a supervisor receives a complaint of alleged sexual harassment, or observes or becomes aware of conduct that may constitute sexual observes or becomes aware of conduct that may constitute sexual harassment, the supervisor harassment, the supervisor must immediatelymust immediately contact the EO/Title IX contact the EO/Title IX Office to forward the complaint, to discuss it and/or to report the action Office to forward the complaint, to discuss it and/or to report the action taken. Every supervisor has the responsibility to take reasonable steps taken. Every supervisor has the responsibility to take reasonable steps that are intended to prevent acts of sexual harassment and that are intended to prevent acts of sexual harassment and discrimination. Failure to take action may be grounds for disciplinary discrimination. Failure to take action may be grounds for disciplinary action. These steps include:action. These steps include:

Monitoring the work and school environment for signs that sexual Monitoring the work and school environment for signs that sexual harassment and discrimination that may be occurring. Refraining from harassment and discrimination that may be occurring. Refraining from participation in, or encouragement of actions that could be perceived as participation in, or encouragement of actions that could be perceived as sexual harassment (verbal or otherwise) or discrimination and stopping sexual harassment (verbal or otherwise) or discrimination and stopping any observed acts that may be considered sexual harassment/ any observed acts that may be considered sexual harassment/ discrimination, and taking appropriate steps to intervene, whether or not discrimination, and taking appropriate steps to intervene, whether or not the involved individuals are within his/her line of supervision.the involved individuals are within his/her line of supervision.

The university has the right to take immediate action to minimize or The university has the right to take immediate action to minimize or eliminate the work and/or school contact between the two individuals eliminate the work and/or school contact between the two individuals where there has been a complaint of sexual harassment or where there has been a complaint of sexual harassment or discrimination pending investigation. discrimination pending investigation.

What to do….What to do…. If you feel uncomfortable by telling someone their If you feel uncomfortable by telling someone their

conduct is unwelcome, please report the conduct conduct is unwelcome, please report the conduct to the EO/Title IX Office, so we and/or other to the EO/Title IX Office, so we and/or other appropriate individuals may intervene on your appropriate individuals may intervene on your behalf.behalf.

Anyone who feels that they have been subjected to Anyone who feels that they have been subjected to sexual harassment or discrimination by anyone sexual harassment or discrimination by anyone is is encouragedencouraged – but it is neither necessary nor – but it is neither necessary nor required -- to promptly tell the person that their required -- to promptly tell the person that their conduct is unwelcome and ask that they stop the conduct is unwelcome and ask that they stop the conduct. Always report all occurrences no conduct. Always report all occurrences no matter how insignificant.matter how insignificant.

Any person who receives such a request must Any person who receives such a request must immediately stop the behavior or actions and immediately stop the behavior or actions and comply with the request. Retaliation against the comply with the request. Retaliation against the person rejecting the conduct is prohibited under person rejecting the conduct is prohibited under the policies in place.the policies in place.

Other Resources Other Resources

BCN Human ResourcesBCN Human ResourcesJanet Damschen: 784-6978Janet Damschen: 784-6978Janine Nelson: 784-7706Janine Nelson: 784-7706

Faculty Human ResourcesFaculty Human ResourcesTim McFarling: 784-8269Tim McFarling: 784-8269

School of Medicine Human ResourcesSchool of Medicine Human ResourcesFeride McAlpine: (702) 671-2210Feride McAlpine: (702) 671-2210

QUESTIONS?QUESTIONS?