Guide to Managing Human Resources
Chapter 16: Sexual Harassment
Contents
Summary
The University of California is committed to creating and maintaining a community in which students, faculty, and administrative and academic staff can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation, including sexual harassment. Every member of the campus community should be aware that the University is strongly opposed to sexual harassment and that such behavior is prohibited by law and by University policy. The University will take whatever action may be needed to prevent, correct, and if necessary, discipline behavior that violates this policy.
The campus Title IX Compliance Officer advises employees and managers, and investigates complaints of sexual harassment.
Guiding Principles
- Provide a working environment free of all types of harassment
- Enable employees to work in a motivating and creative environment
- Recruit and retain the best employees by providing a harassment-free workplace
Your Role
You have the leadership role in recognizing that sexual harassment does exist in the work environment, and you must make conscientious efforts to eradicate it. You have the responsibility to participate in the creation of a campus environment free from sexual harassment and in the resolving complaints within your respective jurisdictions.
Preventing Sexual Harassment
- Monitor the working environment to make sure behavior that may be perceived as sexual harassment stops.
- Raise the subject in staff meetings and express strong disapproval.
- Communicate and distribute the campus harassment policy and complaint resolution procedures to all employees.
- Post the official sexual harassment policy and brochure in your department.
- Know and understand what types of behavior may constitute sexual harassment.
When You Receive a Complaint
- Take every complaint seriously, no matter how frivolous it may seem.
- Contact the Title IX Compliance Officer for advice.
- Investigate every complaint immediately and thoroughly.
- Remain objective and maintain a professional approach.
- Avoid making judgments without all the facts.
- Talk to the alleged harasser.
- Interview anyone who might have witnessed the conduct.
- Keep the process as confidential as possible.
- Document every step of the investigation in detail.
- Take appropriate remedial and/or corrective action.
- Advise the complaining employee that appropriate action has been taken and that any future incidents should be reported immediately.
Questions and Answers
What are some examples of sexual harassment?
- A supervisor makes sexually explicit comments and propositions the employee.
- A female custodian is subjected to derogatory and vicious jokes, pornographic and demeaning cartoons, and naked photos with her name written on them, posted in public view.
- A supervisor offers an employee a better job, extra help, or reclassification in return for sexual attention or threatens to take adverse action for refusing.
- A coworker repeatedly asks an employee out on a date and makes sexually suggestive comments to the employee.
What conduct may not be sexual harassment?
- A single unwelcome sexual comment or advance.
- A supervisor who makes a few mild advances for a few minutes, stops, and apologizes with apparent embarrassment.
- A small number of minor incidents is less likely to constitute actionable sexual harassment.
What happens to employees found guilty of sexual harassment?
It depends on the seriousness of the incident. The appropriate corrective action may include a strong verbal warning, written warning, transfer, administrative leave, suspension, demotion, firing. Generally, you would take the same types of action taken for other forms of employee misconduct.
What happens when it's one person's word against another's?
These cases are the most difficult to resolve. A thorough investigation is critical.
Other Resources
- Title IX Compliance Officer
- Campus Police Department
- CARE Services for Faculty & Staff
- Ombudspersons for Staff
- Employee Relations Unit in Human Resources
- Rape Prevention Program, University Health Services
- Women's Resource Center
- Employee Development & Training Classes and Workshops