DiscriminationSexual MisconductThe ADA Help!

Title IXDiversity

vawapolicies law

Who We Are

Krista PickensBrian NichollsJeff SimcoxAmra FerhatbegovicAncica LackovicSherrie Stump

Campus: 135 Park Bldg.SOM: Room 1C041Telephone: 801-581-8365

What We Do

Oversee the University’s Efforts to remain in compliance with Equal Opportunity and Access laws Serve as the ADA/Section 504 & Title IX

CoordinatorResource for information

Education and TrainingInvestigations

Internal and ExternalADA Accommodations for employees and

visitorsAffirmative Action Plan

OEO/AA is:

. . . insofar as our legal obligations allow.

Retaliation Is Prohibited!

A person cannot be retaliated against for:

Reporting discriminationObjecting to a discriminatory practice Participating in a discrimination complaint

investigationRequesting a disability accommodation

Treating someone differently for any reason.

Discrimination & Disability Policies Apply To . . . ?

And Protect Everyone! Visitors Customers Patients Students Faculty Staff Vendors

Discrimination

Treating someone differently for any reason.

Prohibited Discrimination

RaceNational OriginColorSexReligionAge

• Disability• Veteran’s Status• Gender Identity/Expression• Genetic Information• Sexual Orientation

University Nondiscrimination Policies

Policy 5-106, Equal Opportunity & Nondiscrimination Employment http://regulations.utah.edu/human-resources/5-106.php

Policy 5-107, Sexual Harassment & Consensual Relationships http://regulations.utah.edu/human-resources/5-107.php

Policy 5-210, Discrimination and Sexual Harassment Complaint Policy http://regulations.utah.edu/human-resources/5-210.php

Policy 5-117, Americans With Disabilities Act http://regulations.utah.edu/human-resources/5-117.php

Examples of Discrimination

Use of racially derogatory words, phrases, epithets

Expressing negative stereotypes regarding a person’s birthplace or ancestry

Negative comments about a person’s religious beliefs (or lack of religious beliefs)

Refusing to accommodate one religion while accommodating another

Favorable or less favorable treatment to employees of one demographic/religion/protected characteristic over another

Title IX

Prohibits discrimination on the basis of sex. Being treated differently

Stereotyping Harassment

Bullying Offensive comments Sexual Harassment

University of Utah Title IX Coordinator

Krista L. Pickens, Director, OEO/AACampus: Park Building Room. 135

SOM: Room 1C041Telephone: (801)581-8365krista.pickens@utah.edu

Discrimination Based On Sex Includes:

Pregnancy Discrimination

Gender (Male or Female) Assignments/Opportunities Sexual Orientation Gender Identity/Expression

Sexual Harassment Quid Pro Quo Hostile Environment Sexual Assault Stalking Violence

Quid Pro Quo Sexual Harassment

“This For That”

Elements of Quid Pro Quo

• Power or authority

• Sexual or romantic request

• Outcome may affect academic or employment participation

Example

Your attending physician begins to pay special attention to you. S/he takes you to dinner or out for drinks, texts you often (sometimes late at night), begins to discuss personal issues. Sexual Harassment?

S/he then asks you or you begin to have a sexual relationship. Sexual Harassment?

Boundaries

Consensual Relationship Policy

University of Utah Policy: Prohibits consensual relationships when a

supervisor has direct authority over another http://www.regulations.utah.edu/humanResources/5-10

7.html

Hostile Environment

Conduct is:

● Sexual in Nature

● Unwelcome or Unwanted

● Pervasive and/or Severe

● Interferes with school/work/program

“You said something, you did something, or you showed me something . . . and now I can’t do my job!”

Sexual in Nature

VisualPhysicalVerbal

Unwelcome/UnwantedWhat to Say? Do?

Make it knownWalk awayDo not participateTalk to your supervisorTalk to the OEO/AA

Pervasive and/or Severe

Severe: One incident

● Pervasive:o On-goingo Wide spreado Repetitive

Examples of Sexual Harassment

Leering, oogling, i.e., staring in a sexually suggestive manner

Making sexual remarks about looks, clothing, body parts

Touching - such as patting, pinching or intentionally brushing against another’s body

Continually asking a coworker/student out, despite previous rejection

Sexual jokes, emails, images, gestures, etc.Referring to gender in demeaning termsStalking or Dating ViolenceSexual Violence

Sexual Violence

Physical sexual acts made against another when: It is against the person’s consent or will, or The person is incapable of giving consent Examples of Sexual Violence

Sexual Assault Rape Dating/Relationship Sexual Assault or Violence

Consent

Consent is a clear yes, not the absence of no.

LLegally, mentally, and physically able

Anyone Can Harass or Be Harassed

Intent vs. Perception

Q: What about intent?

A: Intent is NOT relevant!

“I didn’t mean for it to make her/him uncomfortable...”

“I was just teasing...”

“But I didn’t mean it that way...”

“It was a joke, I didn’t really think that...”

Administrator Responsibilities

●Administrators, supervisors, or faculty may need to assist a student/employee who is being subjected to sexual harassment or discrimination

●Have a duty to report complaints or concerns

●Protect privacy●Protect against retaliation

Bystander -- What Do I Do?

By-Stander Tip #1THE FAKE FRIEND

(Make sure your new “friend” needs

assistance)By-Stander Tip #2

CALL OUTName the Act

State a PrincipleMake a Command

By-Stander Tip #6BE A ROLE MODEL

By-Stander Tip #4CHECK IN

Are you O.K.?Do you need help?

Is that person bothering you?

By-Stander Tip #5THE DISTRACTION

By-Stander Tip #3

MAKE YOUR PRESENCE

FELT

Americans with Disabilities Act (ADA)

§504 of the Rehabilitation Act

●Prohibit Discrimination or Harassment

●Provide Reasonable Accommodations

●Provide Equal Access

ADA/504 Prohibit Discrimination

Having a disability

Having a record or history of a disability

Being regarded or perceived as having a disability

Requesting an accommodation

Definition of Disability:

A physical or mental impairment which substantially limits one or more major life activities

Permanent or long-term in duration

Examples of Major Life Activities

BreathingWalkingLiftingThinkingWorkingEatingSitting???______

SeeingHearingMajor Organ

FunctionCell Division???______

Examples Of Required Accommodations

Public AccessEmployment Auxiliary AidsInternet

accessibilityTicket SalesParkingAccommodation

ProcessesEvents

Other powered mobility devices (Segways, etc)

Grievance processesClass MaterialsInternet classesEvents (Athletics,

Art, Academic)Health CareResidential

Auxiliary Aids

What is a Service Animal?

A Service Animal is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability

Or . . .

Service Animal

. . . A Miniature Horse

If the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

Prohibited & Permitted Questions

If disability is not obvious, MAY ask: Is this a Service Animal for a disability? What tasks is this animal trained to perform?

MAY NOT ask about the handler’s disability

MAY NOT ask for certification/identification vests, etc

What about others with allergies?

What the ADA WILL DO

Provide protection from discrimination

Provide reasonable accommodations so that you can do your job or continue your education

May cover conditions EVEN if they are in remission.

Ensure confidentiality and privacy

What the ADA WILL NOT DO

Waive essential job/academic functions

Cover temporary or conditions that are “short-term.”

Undo disciplinary actions or work retroactively

Allow threatening conduct/performance

Protect the use of alcohol or illegal use of drugs

Who Provides Accommodations?

Staff, Faculty, and Public AccessibilityOEO/AACampus: 135 Park BuildingSOM: Room 1C041(801)581-8365

StudentsCENTER FOR DISABILITY SERVICESCampus: 162 Union Bldg(801) 581-5020

Diversity

Diversity -- Put The Person First

Put the person first A person with a disability, not a disabled person. A person who is Black, not “the black man.” A person who is gay, not “the gay guy.” A person with a visual impairment or who is blind, not “the

blind woman.” Use gender neutral terms: Chair/Chairperson, Workers

Compensation, Police Officer, etc. Use equal terms for women and men. i.e. call both by first name

or both by title, but not “Dr. Jones and Tammy Smith.” Asian – not Oriental (what other terms like this?) What about the term: “minority?” “Person of color?” Instead of husband or wife , try “partner.” Be aware of your own language/body language Ask before assuming bad intentions

In conclusion . . .

THANK YOU!

Questions About: Discrimination Disability Accommodations Sexual Harassment Affirmative Action

CALL the OEO/AA! 801-581-8365