Sexual Harassment Awareness Training

Participant Guide Participant Guide

UNIVERSITY OF SOUTH FLORIDA UNIVERSITY OF SOUTH FLORIDA 2000 2000

Sexual Harassment Awareness Training Training Guide 20 Min Introduction Case Study Administration o Introduce awareness training session and presenter(s) o Review training objectives o Review agenda Pre-training Survey o Participants complete pre-training survey (5 min) Discussion of survey: o Select two participants to serve as recorders for the first two questions, record comments on flipcharts o What is sexual harassment? o What are the types of sexual harassment? o Do you believe sexual harassment is increasing or decreasing, and why? o If you were the victim of sexual harassment, what would you do? The cost of sexual harassment Video

05 Min 25 Min

30 Min Discussion of video What is your reaction to the video? How would you describe sexual harassment now? Compare with answers from pre-training survey What are the types of sexual harassment? Compare with answers from pre-training survey How would you handle sexual harassment if you encountered or experienced it? What is sexual harassment like in an academic setting? 15 Min What are we doing at USF? Review policy, including complaint process Review duties and responsibilities: Supervisor Non-supervisor Review Dos and Donts 01 Min Summary

Sexual Harassment Awareness Training Pre-Training Survey

1. Do you feel you have a good understanding of sexual harassment? Why? 2. How would you define sexual harassment? 3. What are the main types of sexual harassment? 4. How would you describe the effects of sexual harassment? 5. Do you believe sexual harassment is increasing or decreasing in the classroom and/or workplace? Why? 6. If sexual harassment happened to you, what would you do? 7. What can you do to prevent sexual harassment from occurring in. the classroom and/or the workplace?

Module 1

Slide 1

USF Sexual Harassment Awareness Training

Equal Opportunity Affairs, Human Resources, and Organization Development Training

Slide 2

Agenda
Introduction Discuss Sexual Harassment Review Video Review What We Are Doing At USF Summary

Slide 3

Objectives
By the end of this training, you should be able to :
Define sexual harassment Identify the costs of sexual harassment Identify the types of sexual harassment Identify behaviors that constitute sexual harassment Recognize that USF policy prohibits sexual harassment Describe what to do about sexual harassment under USF policy Discuss strategies to prevent sexual harassment

Slide 4

Pre-Training Survey
Please take a few minutes and complete the Sexual Harassment Pre-Training Awareness Survey found in your handouts . . .

Slide 5

Pre-Training Survey
How would you define sexual harassment? What are the types of sexual harassment? Do you believe sexual harassment is increasing or decreasing and why? If sexual harassment happened to you, what would you do? How can you prevent sexual harassment? What are the effects of sexual harassment?

Slide 6

The Cost of Sexual Harassment

Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972 prohibit sexual harassment in educational institutions Faculty/teachers/instructors considered supervisors
> Power differential is key > Includes peer reviews

Slide 7
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The Cost of Sexual Harassment

Sexual harassment nationwide appears to be on the rise Between 1990 and 1998, sexual harassment complaints and charges filed with the EEOC rose 150%
> From 6,127 to 16,000

Slide 8

The Cost of Sexual Harassment

In addition to the cost of litigation, sexual harassment carries a price - in May 1999 the EEOC reported that a typical large Fortune 500 company spends an estimated $6.7 million annually in:
> > > > Absenteeism Low morale Reduced productivity Increased employee turnover

Slide 9

The Cost of Sexual Harassment

In addition to the institution, students may also suffer:
> Receive lower grades > Change majors > Drop out of school

Slide 10

The Cost of Sexual Harassment

Acting outside the course and scope of employment, a sexual harasser can be held personally liable and be sued, affecting employability and credit worthiness A sexual harasser can lose his/her job and suffer irreparable damage to his/her reputation The institution can suffer the withdrawal of federal funding, as well as other monetary damages

Slide 11

Lets Talk About It

" Time for a video . . .

Slide 12

Lets Talk About It

Whats your reaction to this video?

10

Slide 13

Lets Talk About It

How would you define sexual harassment now?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(1) submission to such conduct is explicitly or implicitly a ter or m condition of an individuals employment or educational experience , (2) submission to or rejection of such conduct by an individualis used as the basis for employment or educational decisions affecting s uch individual, or (3) such conduct is sufficiently severe and pervasive so as to a lter conditions of, or have the purpose or effect of substantially interfering with, an individuals work or academic performance b y creating an intimidating, hostile, or offensive working or educational environment.

Slide 14

Lets Talk About It

What are the different types of sexual harassment ?
> Quid Pro Quo - something for something A form of sexual harassment typically only supervisors, those with supervisory authority, or teachers/instructors can engage in Requires an individual to choose between submission or a negative consequence for failure to submit The focus is on the employers or teachers/instructor's actions, not the actions of the victim

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Slide 15

Lets Talk About It

What are the different types of sexual harassment ?
> Hostile Work/Educational Environment - unreasonable interference, intimidation, abuse Typically repetitive rather than a single episode Verbal - sexual comments about appearance, innuendoes, off-color jokes, vulgar or explicit language or questions Non-Verbal - unsolicited or inappropriate gifts of a sexual nature, suggestive notes, nude or suggestive photos or materials, staring Physical - touching, rubbing or brushing in a sexual manner, uninvited massages, uninvited hugging or kissing

Slide 16

Lets Talk About It

" What are the different types of sexual harassment ?
> Sexual Favoritism - favored treatment, a form of hostile work/educational environment sexual harassment " Positive actions for submission to requests for unwelcome sexual favors " It is sexual harassment because other co-workers or students failed to be similarly favored as the one who was favored

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Slide 17

Lets Talk About It

What are the different types of sexual harassment? > Third Party any person who observes someone else being harassed, or observes sexual conduct and is adversely affected may claim this type of sexual harassment For example, harassment by a coworker, student, vendor, contractor, consultant, volunteer, guest speaker, or visitor

Slide 18

Lets Talk About It

What do you think sexual harassment might look like in the University setting?
> Among staff > Among faculty > In the classroom

The University can be held liable if the University knew or should have known of the harassment and failed to take prompt and effective action

13

Slide 19

Sexual Harassment Policy

Unlawful discrimination and harassment have no place on a university campus, particularly one that strives to meet the needs of an increasingly diverse student, faculty and staff population. The University of South Florida is such an institution.
Betty Castor Former USF President

Slide 20

Sexual Harassment Policy

The University does have a policy on sexual harassment
> USF Policy 0-008, Sexual Harassment

Prohibits
> Sexual harassment in any form, by anyone > Retaliation by anyone against any individual who, in good faith, has made an allegation of sexual harassment or who has testified, assisted, or participated in any investigation, proceeding, or hearing regarding sexual harassment > Knowingly making false accusations or allegations of sexual harassment

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Slide 21

Sexual Harassment Policy

Cautions against and encourages refraining from
> Involvement in consensual amorous or sexual relationships between persons of unequal power

Provides a reporting process for sexual harassment

> Tell the harasser to stop - that the behavior is unwelcome and unacceptable > Tell your supervisor, the department head, or the supervisors/department heads supervisor of the offensive behavior > Tell the Equal Opportunity Affairs office (ADM 274/974 -4373)

Slide 22

Sexual Harassment Policy

Who can file a sexual harassment complaint?
> The person who believes he/she has been sexually harassed > Any person on behalf of any other person Any student, faculty member, or staff member who has knowledge of alleged sexual harassment University employees (faculty or staff) who are in supervisory positions and who are aware of, or become aware of, possible instances of sexual harassment

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Slide 23

Sexual Harassment Policy

Who must report sexual harassment?
> Supervisory employees: administrative personnel, or any employee who supervises one or more employees, Faculty administrators, and teachers/instructors > To the Equal Opportunity Affairs office

Who can help deal with the effects of sexual harassment?

> > > > Human Resources - 974-2970 Victims Advocacy Program- 974-5756 24-hour Crisis Line - 974-5757 Employee Assistance Program- 974-5469

Slide 24

Sexual Harassment Prevention

Heed the dos and donts Implement internal policies against all forms of discrimination - then enforce these policies Investigate sexual harassment complaints promptly, thoroughly, and fairly Protect against and do not permit retaliation Sexual harassment - dont even think about it

Slide 25
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Summary
Sexual harassment is wrong and prohibited not only by University policy, but by Federal and State law A commitment to fostering an atmosphere free of sexual harassment is a key element of the USF vision and values Every faculty, staff, and student has an opportunity or an obligation to report sexual harassment By working together we can create a fair and open professional and educational environment for all

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Module 2

18

UNIVERSITY OF SOUTH FLORIDA SEXUAL HARASSMENT AWARENESS TRAINING 1. INTRODUCTION

In todays increasingly diverse national and global world of education, it is essential to be sensitive to diversity in both the workplace and the classroom. Practically speaking, this creates more effective and productive working and learning environments. All too often we think diversity means "people of a different color" because, historically, diversity was based primarily on national origin. But diversity is much more. We all have different opinions, attitudes, ways of problem solving, teaching techniques, likes and dislikes, experiences, talents, weak points and strengths, physical attributes; and the list goes on and on. And diversity includes age and gender, or sex. It is not insignificant that non-white minorities and females comprise two-thirds of the population of the United States and 57 percent of the working population. This represents a lot of change in just the last 30 years, and more change is coming. As we start the year 2000, the median age of America's workforce is 40; women comprise 50 percent of that workforce and 75 percent of those women are of childbearing age. And by the year 2005 women and minority men will make up 62 percent of this country's workforce. The increased presence of women in the workplace and the classroom has intensified and highlighted a particularly virulent type of discrimination based on one aspect of diversity: a persons sex. Discrimination that has a sexual connotation is sex discrimination in the form of sexual harassment. It is pervasive and it is costly. Look at some figures. A 1988 study at the University of Illinois revealed that 18 percent of the graduate students, 10 percent of the undergraduate students, and 8 percent of professional students were subjected to sexual harassment. Studies done in the 1990s at Michigan State and Pennsylvania State revealed that 25 percent and 28 percent of graduate women, respectively, were subjected to sexual harassment. Between 1990 and 1998 the number of sexual harassment charges filed with the EEOC and state fair employment practice agencies rose 150% - from 6,127 to nearly 16,000. And the EEOC reported in May 1999 that costs to a typical large Fortune 500 company was recently estimated at $6.7 million in absenteeism, low morale, lower productivity and employee turnover. The consequences of sexual harassment are unbelievably serious and can result in substantial financial obligations with career-ending impact for individuals and the withdrawal of federal funding and extensive legal battles for institutions. As past USF president Betty Castor stated in April 1995, Unlawful discrimination and harassment have no place on a university campus, particularly one that strives to meet the needs of an increasingly diverse student, faculty and staff population. The University of South Florida is such an institution.

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II.

ANTI-DISCRIMINATION LAW AND SEXUAL HARASSMENT

Over 35 years ago the enactment of the Equal Pay Act of 1963 and the Civil Rights Act of 1964 set the country on a course towards equality in the workplace, classroom, and society. The Equal Pay Act prohibits discrimination in the payment of wages on the basis of sex. Title VII of the Civil Rights Act goes much further. It prohibits discrimination on the basis of race, color, religion, sex, or national origin in hiring, firing, promotions, training and all other terms, conditions, and privileges of employment. The momentum of the Civil Rights Acts carried over and propelled the expansion of other anti-discrimination laws. Among numerous examples, Title IX of the Educational Amendment of 1972, introduced the concept of sex equality into publicly funded educational institutions. And in 1978 Congress passed the Pregnancy Discrimination Act to promote equal opportunity for working women by ensuring that pregnancy could not be used as an excuse to deny women access to the economic means to support themselves and their families. States and localities also intervened in the promotion of diversity and equality in the workplace. Florida, for example, prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, handicap, marital status, and HIV/AIDS status. As a public educational institution, USF is committed to fostering an atmosphere where both the letter and the spirit of federal and state anti-discrimination laws are followed and respected, and has incorporated those concepts into the categories protected under our policies. Our training today is designed to help everyone at USF understand and recognize discrimination with a sexual connotation, this is what we will refer to as sexual harassment. It is also designed to facilitate prevention and to assist the University in its commitment to eliminate sexual harassment altogether. Anything less than a total commitment by our workforce and students to comply with University policy and State and Federal law is unacceptable. A forceful commitment to complying with these laws and policies is essential to succeeding at USF.

III.

SEXUAL HARASSMENT AND UNIVERSITY POLICY

What is USF's Policy regarding sexual harassment? Sexual harassment at USF will not be tolerated and may subject any faculty, staff member, or student to disciplinary action, up to and including termination of employment for faculty and staff or expulsion from the University for students. Discrimination of any kind, including sexual harassment, a form of sex discrimination, severely undermines the USF strategic objective of encouraging and supporting diversity; it simply will not be tolerated. On the other hand, requiring adequate performance and productivity of faculty, staff, and students is not discrimination. Similarly, demanding attendance, respect for authority and instructions, competency, and compliance with all of USF policies is also not discrimination. What is prohibited discrimination? The most common forms of discrimination are prejudice and stereotyping (supposition regarding individuals based on their identification with a group). Stereotyping women regarding their abilities and qualifications in the workplace caused the enactment of the comprehensive set of laws prohibiting sex discrimination and securing the promise of equal opportunity for everyone. Federal, state, and local laws prohibit discrimination on the basis of sex. If an employee's sex is a motivating factor in a decision related to the terms and conditions of employment, then the employer has engaged in unlawful discrimination. In the educational arena we must also be aware of the same concepts as they apply in the classrooms, to student relations, in athletics, or to student social settings. Again, sexual harassment and/or discrimination at USF will not be tolerated and may result in disciplinary action up to and including dismissal or expulsion. What is Sexual Harassment? Sexual harassment is illegal discrimination with a sexual connotation, and is defined by the Equal Employment Opportunity Commission as: "unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature." Sexual harassment is not limited to problems involving men harassing women. It may also involve individuals of the same sex. And it may involve women sexually harassing men. There are subcategories of sexual harassment: quid pro quo sexual harassment, hostile work environment sexual harassment, sexual favoritism, and third party sexual harassment. All these forms of sexual harassment are prohibited at USF, regardless of the context. Quid Pro Quo Sexual Harassment. The term "quid pro quo" means something for something and is a form of sexual harassment in which only supervisors can engage. This type of harassment is created when (a) a supervisor implicitly or explicitly makes unwelcome sexual activity a term or condition of employment, or (b) the acceptance or rejection of unwelcome sexual activity becomes the basis for employment decisions affecting the person claiming harassment. Quid pro quo sexual harassment has also been defined as behavior by a supervisor or other authority figure in the workplace that requires an employee to choose

between submission to sexual demands or suffering job detriment. The focus of quid pro quo sexual harassment is on the employer's actions, not on the actions of the victim. Hostile Work Environment Sexual Harassment. This type sexual harassment is created when there is unreasonable interference with an individual's work, or there is an intimidating, hostile or abusive work environment. Whether or not a work environment is abusive depends on the circumstances, including the frequency and severity of the conduct, and its effect on the employee's work performance. Hostile work environment harassment is typically repetitive conduct rather than a single episode. An example would be when unfavorable working conditions are directed at only one sex, such as where consistent animosity or extreme rudeness is directed only at women. Another example would be making repeated public criticisms or derogatory remarks about women employees while privately counseling males on negative performance. What types of comments or conduct constitute hostile work-environment sexual harassment? Flirtation, innuendo, vulgar language, sexual jokes, and touching when the employee or student has indicated that such conduct is unwelcome are usually considered hostile workenvironment sexual harassment. An important point to remember, however, is that the harassing conduct need not be explicitly sexual in nature. The key element of hostile workenvironment sexual harassment is that the harassment occurs because of the victim's sex. Of course, the form and content of hostile work-environment sexual harassment varies greatly depending on the setting and the people involved. Verbal: making sexual comments about a person's physical characteristics making sexual comments or innuendoes either directed towards the person or in general telling off-color, sexually-based jokes or anecdotes using vulgar, sexually explicit language asking explicit questions about one's sex life, fantasies, preferences making comments that are either explicitly or implicitly sexual in nature about a person's clothing, body shape or look asking a person for dates, repetitively, when that person has turned you down using sexually derogatory terms to refer to women as girls, chicks, foxes, babes, honey, darling, bitch; to refer to men as stud-muffin, boy toy, son of a bitch, bastard, prick whistling, making kissing sounds or vulgar smacking sounds rumor-mongering about a person's sex life making supposedly light comments that indicate sexual interest in the other party such as "You know I need you baby!" Non-Verbal: giving unsolicited or inappropriate personal gifts, such as lingerie, sex books or any gift inappropriate in nature writing personal, sexually suggestive notes, sending unwelcome cards

keeping nude or suggestive photos, calendars, ads, or cartoons posted in the workplace staring at someone repetitively or in a suggestive manner giving someone the once-over, the up and down licking lips, throwing kisses, making inappropriate facial expressions making sexual gestures or representations of sexual acts through hand or body movements

Physical: touching a person's clothing, hair or body standing inappropriately close to a person and then brushing them hugging or engaging in other physical touching such as kissing, when no such activity has been invited rubbing against another in a sexual manner giving an uninvited massage to a persons neck or shoulders pushing someone's hair out of their face accompanied with stares Sexual favoritism. Sexual favoritism occurs when an individual receives positive job or class actions (hiring, training, promotion, fringe benefits, grades, educational opportunities, assignments, etc.) as a result of his/her submission to requests for unwelcome sexual favors from a supervisor or an instructor. It is sexual harassment because the other co-workers or students failed to be similarly, hired, trained, promoted, favored, or graded as the one who was favored. Submission to sexual advances or harassing behavior should not be a basis for favoritism in employment or class performance. Third party sexual harassment. Third party sexual harassment is sexual harassment by a coworker or classmate. Any such incidences of third party sexual harassment by volunteers, visitors, students or employees must be reported. The employer can be held liable for third party sexual harassment when the employer knew or should have known of the harassment and failed to take prompt and effective action to deal with it

Is the sexual harassment of students treated the same as employees? All types and forms of sexual harassment are strictly prohibited at USF with regard to both staff and students, and may result in disciplinary action up to and including dismissal for staff or expulsion for students. USF has established policies and procedures prohibiting discrimination, including sexual harassment, in all employment and educational activities and programs. At USF, all students, as well as staff, will be treated with respect. The Student Handbook is clear, Harassment is prohibited, whether on the basis of race, color, religion, sex, sexual orientation, national origin, age, physical handicap, marital status, or veteran status. How do you handle perceived discrimination and/or harassment? First and foremost, tell the violator that the behavior/language is unacceptable. Write down the who, what when, where, and how of the incident. Then immediately report the matter to a supervisor or the head of the department in which you are enrolled or employed. If you observe sexual harassment dont walk away from it, report it. Additionally, you may contact the Office of Equal Opportunity Affairs, ADM 274 (telephone number 974-4373) or contact Human

Resources, SVC 2172 (telephone number (974-2970). See USF Policy 0-008, Sexual Harassment, which is attached. Anyone, faculty, staff or student, who is guilty of sexual harassment violates University policy and is subject to discipline, up to and including dismissal or expulsion.

IV.

RETALIATION PROHIBITED

Federal and state laws prohibit an employer, including supervisors and instructors, from retaliating against an employee or a student because that person either complained formally, or in some cases informally, about a violation of the laws outlined above. USF encourages employees and students to report any violations of the anti-discrimination laws described above or of USF policies. Each employee and student is assured of protection from any retaliation resulting from the reporting of such problems. Should any employee or student experience a situation they believe to be retaliatory in nature, he/she should immediately report it to a supervisor, a faculty administrator, Equal Opportunity Affairs, or to Human Resources. Anyone who engages in retaliation against an employee or a student who has in good faith reported a violation of the laws outlined above or of a USF policy is subject to discipline up to, and including dismissal or expulsion.

V.

PREVENTION

As part of the commitment to preventing all forms of illegal discrimination, including sexual harassment, USF has: Implemented policies against all forms of illegal discrimination, including sexual harassment. Developed training to educate faculty, supervisors, administrators, employees, and students about the contents and implications of the policies. Established a clear, effective grievance process for use when sexual harassment occurs in the workplace or classroom. Prepared for prompt and thorough investigation of every complaint of sexual discrimination or harassment by a neutral, properly trained individual.

VI.

CONCLUSION

Managing diversity goes hand in hand with confronting perception problems about employees and students with different backgrounds, origins, physical and mental abilities and social, cultural and intellectual experiences. To be effective in the workplace and classroom, educators, administrators, managers, employees, and students must recognize that being different is not wrong, does not make one inferior, and does not mean a person is unqualified; it is just being different. Those differences actually enrich and improve our work and educational environments. A commitment to fostering diversity in all its aspects is a key component of the overall USF strategy for success as it endeavors to educate today's young adults and provide a fair working environment for all who work here. To achieve success at USF, and so USF can truly succeed in today's educational market place, every faculty, staff, and student must be committed to fostering an atmosphere in which diversity is viewed positively. A key component of USFs vision statement is to promote professional and educational excellence by creating and maintaining an environment free from discrimination and harassment, and especially so regarding sexual harassment. To this end, USF has created strict antidiscrimination and anti-harassment policies and procedures detailing prohibited actions and providing processes for reporting any perceived violation of these policies. By working together, we can create a fair and open professional and educational environment for all.

SEXUAL HARASSMENT DO'S AND DON'T'S

DO Know USFs sexual harassment policy. Remember that sexual harassment depends on the perception of the person to whom the words or actions are directed. Respect all who work with you, regardless of his or her race, creed, color, national origin, sex, age, disabilities, pregnancy, or marital status. Always behave and speak as if your spouse, spiritual advisor, and/or child were present. Treat males and females in the work place without abuse, intimidation, hostility, humiliation, or scorn. If someone says you personally have done or said something offensive, your response should be a sincere: "I'm sorry," spoken in a normal tone. DON'T Assume anti-discrimination policies are irrelevant to you as a professional. Believe that because you didn't mean to be offensive that solves everything. Joke, kid, tell stories, ask questions or in any way verbally or otherwise denigrate or hold in ridicule anothers' race, color, creed, national origin, sex, age, disability, pregnancy or marital status. Use vulgar, profane or sexually explicit language or gestures in the work place. Treat one sex differently and with hostility.

When someone says you have personally done or said something offensive, immediately argue with him or her and try to convince them they are wrong and you are right--that the behavior is not offensive. Raise your voice; make aggressive gestures (shaking person or your finger in their face). Assist anyone who complains of sexual Threaten, bully, or try to convince anyone who harassment in reporting such activity. complains of sexual harassment to drop the complaint or charge. Encourage staff to report sexual harassment Encourage cover-up and/or problem solving and to resolve issues quickly. by persons not trained to resolve human resource issues. Know that law covers your personal actions Assume you are the exception -- "This was and words. how I was raised" or This is from my culture. Keep your relationships professional at work. Assume everyone is "one of the family" and accepts dirty jokes, vulgar language, and physical horseplay. Know that the only appropriate touching in the Hug, kiss, pat, touch, or ask to be hugged, workplace is a polite handshake. kissed, patted, or touched in the workplace. Examine for possible discrimination or Unthinkingly fire, suspend, discipline, harassment all negative job actions when they involuntarily transfer, turn down for are contemplated and prior to the action. promotion employees and then hear their complaint when you have no defense. Treat all communication as something that Pretend that e-mail, faxes, etc. are outside the should appear appropriate when read by policies that forbid vulgarity, dirty jokes and others. the like. Tell your superiors of any romantic or physical Assume that if you are romantically or relationships you currently have with those physically involved with someone at work that who report to you. it is your personal business.

Module 3

UNIVERSITY OF SOUTH FLORIDA Policies and Procedures Manual

Subject of Policy Statement Effective Date Policy Number

Sexual Harassment

Rev. 4/20/0 0

0-008

I.

II.

The University's Policy: The University of South Florida community is most successful when it is based on respect and fair treatment of all people. The University of South Florida will strive to provide a work and study environment for faculty, staff and students that is free of discrimination, including sexual harassment. As part of the effort to create an environment which is comfortable for all people, the University establishes this policy. Sexual harassment and discrimination are prohibited at the University of South Florida, and behavior which constitutes sexual harassment and discrimination is unacceptable. Definitions of Sexual Harassment: Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education experience; 2) submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or 3) such conduct is sufficiently severe and pervasive so as to alter the conditions of, or have the purpose or effect of substantially interfering with, an individual's work or academic performance by creating an intimidating, hostile, or offensive working or educational environment. Sexual harassment also includes any conduct or activity which creates an adverse impact on an employee's ability to acquire or retain a benefit of employment (including hiring, promotion, salary increases, disciplinary actions or any other terms and conditions of employment), which acts to limit a student's access to, participation in or benefit from an educational program or which creates a hostile or abusive employment or educational environment. Harassment does not include verbal expression or written material that is relevant and appropriately related to the subject matter of a course/curriculum or to an employee's duties. This policy is

not intended to abridge academic freedom or the University's educational mission. III. What is Prohibited: A. The following actions are prohibited: 1. Sexual harassment by or between any faculty member, staff or student, including individuals of the same sex. 2. Sexual harassment by any faculty member, staff or student against any individual who is not a faculty member, staff or student while assigned to duties or academic programs of USF regardless of their work location; 3. Sexual harassment by any vendor or individual external to the University against any faculty member, staff or student during the transaction of business with the University; 4. Retaliation by any faculty member, staff or student against any individual who, in good faith, has made any allegation of sexual harassment, or who has testified, assisted, or participated in any way in any investigation, proceeding, or hearing conducted under this policy or any federal or state law. 5. Knowingly making false accusations or allegations of sexual harassment, or making false statements in any inquiry or investigation of alleged sexual harassment. B. Potential participants in a sexual harassment situation include, but are not limited to: . Administrator - Staff Faculty - Faculty . Member . Staff Member/Administrator Faculty -Students . - Student . Teaching Assistant Staff Member - Staff . Student Member . Supervisor-Employee . Student - Student . Administrator- Faculty . Faculty - Staff Member IV. Conduct: A. Examples of Prohibited Conduct: 1. Displaying or telling of sexually oriented jokes, statements, photographs, drawings, computer images, web sites, videos, slides, graphics, calendars, cartoons, e-mails or other communications. 2. Making sexually explicit or suggestive gestures or sounds. 3. Making actual or implied promises of an employment or educational opportunity or benefit in exchange for

V.

sexual activity. 4. Making actual or implied threats to impede or interfere with employment or educational opportunities or benefits for failing to agree to or engage in sexual activity. 5. Inappropriate and unwelcome sexual touching, including but not limited to: patting, fondling, pinching, attempted or actual kissing. 6. Requesting or coercing sexual intercourse or sexual favors, or attempting to or actually engaging in a sexual assault. 7. Continuing to ask someone for a date after being told "no." 8. Continuing any of the conduct listed in the above examples after being told or being otherwise made aware that the conduct is unwelcome. B. Prohibited conduct does not include verbal expression or written material that is relevant and appropriately related to the subject matter of a University course/curriculum or to an employee's duties. Consensual Amorous or Sexual Relationships: The University of South Florida strives to create and maintain a professional, collegial environment for work and study. Professional and collegial relationships are based on mutual respect and trust. When persons in positions of unequal power engage in amorous or sexual relationships they should be aware that they may be at risk of being accused of sexual harassment, either during the relationship or after the relationship ends, or being accused of having a conflict of interest. For additional information concerning conflicts of interest please refer to Ch. 112, Part III, Florida Statutes, the applicable collective bargaining agreement, Board of Regents Rules and University Rules. The University recognizes that consensual, amorous or sexual relationships between two people of unequal position or power, (e.g., between a supervisor and an employee, faculty member and student, or staff member and student) may become exploitative or lead to charges of sexual harassment. Accordingly, the University encourages its staff, faculty and students to refrain from such relationships.

VI. Who to Report to if you believe you are being sexually harassed: A. If possible, tell the person whose actions you find offensive that you want the behavior to stop and/or that the behavior or conduct is unwelcome, and/or,

B. Tell your supervisor or the head of the department in which you are enrolled or employed, or the supervisor/department head's supervisor of the offensive behavior, and/or, C. 1. Contact the Office of Equal Opportunity Affairs, ADM 274, 974-4373, or 2. Contact Human Resources, SVC 2172, 974-2970. The University of South Florida has a designated Victim's Advocate, Counseling Center and an Employee Assistance Program. These offices are available to provide information and clarification concerning the University's sexual harassment policy, but are not authorized or designated to investigate or resolve sexual harassment complaints or otherwise participate in the sexual harassment complaint process. These offices are obligated to refer allegations of sexual harassment to the Office of Equal Opportunity Affairs, and they can be contacted at: Counseling Center 974-2831 Victim's Advocate: 974-5756 (24-hour Crisis Line: 974-5757) Employee Assistance Program: 974-5469 Allegations of sexual assault and/or battery may also be referred to the University Police: 974-2628. VII. How to File Complaints or Allegations Regarding Sexual Harassment: A. University's Internal Procedures 1. The Office of Equal Opportunity Affairs is responsible for investigating sexual harassment complaints/allegations. 2. Who can file under the University's Policy: a. The person who believes he/she has been sexually harassed; or i. any student, faculty member or staff member, in accordance with the section, who has knowledge of the alleged sexual harassment; or ii. University employees (faculty or staff) who are in supervisory positions and who are aware of, or become aware of, possible instances of sexual harassment. 3. Who must report under the University's Policy: a. Supervisory employees are required to promptly report (either verbally or through written communications) allegations of sexual harassment to the Office of Equal

b. Any person on behalf of any individual by:

Opportunity Affairs. i. Supervisory employees are any administrative personnel or any employee who supervises one (1) or more individual employees, and may include but is not limited to: Deans, Directors, Department Chairs, Coordinators, Unit Heads, Principal Investigators. ii. Supervisors, with respect to students, include all of the positions listed in paragraph VII.A.3.a.i. and all members of the faculty (including adjunct faculty) when they are supervising or teaching the student who is complaining about possible sexual harassment. 4. Allegations of sexual harassment will be reviewed by the Office of Equal Opportunity Affairs to determine if an investigation is required. If the decision by the Office of Equal Opportunity Affairs is to conduct an investigation, the complaint will be investigated and/or resolved in accordance with the Office of Equal Opportunity Affairs procedure(s). 5. A formal complaint must be filed within ninety (90) days of the incident(s) with the Office of Equal Opportunity Affairs. 6. An appeal of a decision rendered by the Office of Equal Opportunity Affairs may be available in accordance with their procedure. B. Procedures External to the University: Filing an internal charge of sexual harassment or discrimination does not affect any deadlines which may be imposed by any agency external to the University of South Florida. The following agencies are available to take such complaints: 1. U.S. Equal Employment Opportunity Commission, Tampa, (813)228-2310, TDD (813)228-2003. 2. U.S. Department of Education, Office for Civil Rights, Atlanta, (404)562-6358, TDY (404)562-6454. Office of Federal Contracts Compliance Programs, Orlando, 3. (407)648-6181. 4. Florida Commission on Human Relations, Tallahassee, 1(800)342-8170, TDD (904)488-8696. _______________________________ Laurey T. Stryker, Vice President Budgets, Human Resources and Information Technology

_______________________________ Richard E. Peck Interim President