Table of Contents

Syllabus

Announcements

Course Modules

Sexual Harassment Training Start Here

Instructions for Completing the Training (Part 1 of 5 Sections)

What does this training cover?

FAQ

College's Committment to Diversity and Equity

Non-Discrimination Policy

Federal Civil Rights Laws

Retaliation for Discrimination Complaints

Retaliation for Discrimination Complaints (Part 2 of 5 Sections)

Is It Retaliation?

What is a protected activity?

What Are Adverse Actions?

Scenario

Scenario: "I'm very busy"

Scenario: "I'm very busy" [Answer]

Example

Example: Pat's Posters

Title IX of the Education Amendments of 1972

Title IX of the Education Amendments of 1972 (Part 3 of 5 Sections)

What is Sexual Harassment?

Quid Pro Quo Sexual Harassment

Hostile Work Environment

Examples of Conduct Upon Which a Hostile Work Environment Sexual Harassment Claim Might Be Based

Scenario

Scenario: Morale Builders

Scenario: Morale Builders [Answers]

Conduct

The Conduct Need Not Be Sexual In Nature

What Is Meant By "Unwelcome"?

A Note About Consensual Relationships

A Note About Faculty and Student Relationships

Scenarios

Scenario: Sid and Michelle

Scenario: Sid and Michelle [Answer]

Intent and Hostility

The Harasser's Intent Is Irrelevant

When Does An Environment Become Hostile?

Scenarios

Scenario: "Back off Ben"

Scenario: "Back off Ben" [Answer]

Scenario: "Touchy Tom"

Scenario: "Touchy Tom" [Answer]

Policy and What To Do

AIMM's Sexual Harassment Policy is "Zero Tolerance"

What To Do - Title IX of the Education Amendments of 1972

Liability

College Liability For Sexual Harassment

Test Your Understanding

Scenario: "Even Steven"

Scenario: "Even Steven" [Answer]

Individual Liability For Sexual Harassment

AIMM's Obligation To Provide A Defense/Indemnification

Test Your Understanding

Scenario: "Freaky Fred"

Scenario: "Freaky Fred" [Answer]

Test Your Understanding: Beyond Scenario "Freaky Fred"

Test Your Understanding: Beyond Scenario "Freaky Fred" [Answer]

The Civil Rights Act of 1964

The Civil Rights Act of 1964 (Part 4 of 5 Sections)

Harassment and Discrimination - The Civil Rights Act of 1964

Hostile Environment

Scenarios

Scenario: Recommendation Letters

Scenario: Recommendation Letters [Answer]

Scenario: Jokes in the Bistro

Scenario: Jokes in the Bistro [Answer]

What To Do

What To Do - The Civil Rights Act of 1964

What To Do

What to Do: How to Seek Help (Part 5 of 5 Sections)

What to Do if You Believe You Are Being or Have Been Harassed or a Victim of Discrimination?

What If Someone Reports Discrimination or Harassment To You?

Contacting OCR About Discrimination and Retaliation

Resources

Confirmation of Completion Survey

Syllabus

No due date

Confirmation of Completion Survey

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Announcements

There are no announcements for this course.

Sexual Harassment Training Start Here

Instructions for Completing the Training (Part 1 of 5 Sections)

What does this training cover?

FAQ

College's Committment to Diversity and Equity

Non-Discrimination Policy

Federal Civil Rights Laws

Back to Table of Contents

Instructions for Completing the Training (Part 1 of 5 Sections)

Instructions for Completing the Human Resources Training

The contents of this training are arranged in six parts, with reading and task items in a progressive order. You will  work your way through each part until, at the last item, you complete the tutorial by submitting a survey with your name and date of completion.

Read the contents of each page.  When finished with that page, click on the NEXT button on the bottom right to go to the next item.  If you wish to view the previous item, click on the PREVIOUS button.  Click NEXT to continue progressing through the training. There are a few links to related content in blue; click on them to view, then return to the page. 

When you reach the end of the Title IX and Sexual Harassment Prevention training, you will submit a survey with your full name and date of completion.  The Title IX officer and Director of Education will be notified that you have completed the course and a record of this completion will be included in your personnel record.

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What does this training cover?

This training covers federal and state laws and college policy and  procedures, which address discrimination, harassment, and retaliation. AIMM is obligated to provide training on these subjects to its employees. AIMM has zero tolerance for any type of discrimination, harassment and retaliation. This training provides learning modules to prevent and identify sexual harassment behaviors. This training provides important information about Title IX requirements.

You must work through and view the information on each of the following screens to receive credit for taking the Title IX and Sexual Harassment Prevention Training. The Title IX officer and Director of Education will be notified when you have completed the entire course.

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FAQ

Training FAQs:

Who is required to take this training?

All full and part time faculty and staff are required to complete this training. 

New employees and volunteers are required to complete the training within the first month of their start date.

How long does it take?

The training will take between 30 to 40 minutes to complete.

You can come back and refer to the information in the  training anytime.

How will AIMM know that I completed the training?

When you reach the end of the sexual harassment prevention training, the Title IX coordinator and Director of Education will be notified that you have completed the course. A record of this completion will be included in your personnel record.

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College's Committment to Diversity and Equity

The Atlanta Institute of Music and Media (AIMM) promotes an environment free of discrimination and harassment and is committed to providing a welcoming environment. 

It is important that employees, volunteers, applicants and others who have an actual or prospective relationship with the College be able to conduct business and/or work in an environment free from discrimination and harassment. All College community members must have an avenue for addressing concerns or complaints of discrimination or harassment. Everyone must understand that  discrimination and harassment is an unacceptable practice and will not be tolerated in the workplace and on our College campus.

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Non-Discrimination Policy

A more detailed view comes from our Non-Discrimination Policy. It is important that employees, volunteers, applicants and others who have an actual or prospective relationship with the College be able to conduct business and/or work in an environment free from unwanted and unsolicited sexual overtones, and have an avenue for addressing concerns or complaints of sexual harassment. Everyone must also understand that sexual harassment is an unacceptable practice and will not be tolerated in the workplace.

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Federal Civil Rights Laws

Federal civil rights laws prohibit the college from discriminating against students and other participants in its programs, activities, and services. These laws prohibit discrimination on the basis of race, color, and national origin, disability, sex, and on the basis of age. They also protect students and others from retaliation.

These laws include:

Title IX of the Education Amendments of 1972 (prohibits sex discrimination)

Title VI of the Civil Rights Act of 1964 (prohibits race, color, and national origin discrimination)

Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (prohibit disability discrimination)

Violence Against Women Act of 1994 (Factsheet updated and expanded March 2013)

The next sections discuss these laws and their implications at AIMM. 

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Retaliation for Discrimination Complaints

Retaliation for Discrimination Complaints (Part 2 of 5 Sections)

Is It Retaliation?

What is a protected activity?

What Are Adverse Actions?

Scenario

Scenario: "I'm very busy"

Scenario: "I'm very busy" [Answer]

Example

Example: Pat's Posters

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Retaliation for Discrimination Complaints (Part 2 of 5 Sections)

Federal civil rights laws prohibit the College and its employees from retaliating against any individual, including a student, because he or she has engaged in activities protected under these laws.

A person who reports an incident -- or indicates an intent to report an incident -- of discrimination or harassment is protected from retaliation by both AIMM's policy and the law. The law states:

No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of the Act or this part, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this part.

Some common types of retaliation might include:

further or intensified harassment,

threats of negative consequences due to the complaint, or

name-calling, taunting, teasing.

The second part of this legal statement also protects anyone who helps a student or colleague who was a victim of harassment.

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Is It Retaliation?

Retaliation occurs when:

An individual engages in a protected activity.

The College or an employee has notice of the individual's protected activity.

The College or an employee takes an adverse action contemporaneous with or subsequent to the protected activity.

There is a causal connection between the protected activity and the adverse action.

The College or an employee does not have a legitimate, nondiscriminatory reason for taking the adverse action.

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What is a protected activity?

Protected activities include:

opposing an unlawful act,

filing a discrimination complaint, and

advocating for a civil right under these laws.

Examples:

A teacher writing a letter to the College President challenging policies that are discriminatory, such as distribution of financial aid to students of different races, on grounds that they are disproportionate.

A student filing a complaint alleging race discrimination under the College's internal grievance process.

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What Are Adverse Actions?

Retaliation includes actions or statements that are intimidating, threatening, coercing, interfering, or discriminating.

Adverse actions occur when:

A College action significantly disadvantages an individual (e.g., lowering grades, limiting participation, suspension, termination, etc.); or

A College action reasonably acts as a deterrent to further protected activity, or precludes an individual from pursuing discrimination claims (e.g., intimidating statements that create a chilling effect on those asserting a civil right).

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Scenario: "I'm very busy"

Please read the below scenario to test your knowledge.

"I'm Very Busy"

Kelly visits Professor Smith to ask for a recommendation letter for college transfer. Professor Smith notes that Kelly is very upset. Kelly explains that an instructor, Dr. Dana, has offered to regrade a few assignments, if Kelly performs a sex act.

After talking about it for a few minutes, Kelly decides to file a sexual harassment complaint. Professor Smith tells Kelly, "If you do this, I'll be asked to testify. I'm very busy, so if I'm caught up in this I might not be able to write that letter you need."

Did Dr. Smith engage in retaliation?

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Scenario: "I'm very busy" [Answer]

Answer: Yes. This constitutes retaliation.

By saying that Kelly's recommendation letter might not happen if a formal harassment complaint is filed, Dr. Smith linked negative consequences with Kelly exercising the right to file a sexual harassment complaint. 

Dr. Smith would not have to carry out the threat for it to be considered retaliation. 

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Example: Pat's Posters

Please read the below Scenario to test your knowledge.

"Pat's Posters"

Pat's taste in office decorations includes several large pictures of men in suggestive poses, wearing very few clothes. A co-worker, Jordan, complains to their supervisor that the images are inappropriate to the office. The supervisor promises to address the issue. Pat takes the images down.

However, a few weeks later, Jordan begins receiving postcards showing naked men in campus mail. Jordan contacts the Office of Human Resources to file a complaint. The Director of Human Resources expresses surprise that there were any issues at all in the department. 

This example raises several issues.

The posters would likely be considered a sign of a hostile work environment, a form of sexual harassment.

The original complaint was handled within the department. However, Pat and Jordan's supervisor should have reported it to the Office of Human Resources, regardless of how it was handled.

The appearance of the postcards would constitute further harassment, a form of retaliatory behavior.

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Title IX of the Education Amendments of 1972

Title IX of the Education Amendments of 1972 (Part 3 of 5 Sections)

What is Sexual Harassment?

Quid Pro Quo Sexual Harassment

Hostile Work Environment

Examples of Conduct Upon Which a Hostile Work Environment Sexual Harassment Claim Might Be Based

Scenario

Scenario: Morale Builders

Scenario: Morale Builders [Answers]

Conduct

The Conduct Need Not Be Sexual In Nature

What Is Meant By "Unwelcome"?

A Note About Consensual Relationships

A Note About Faculty and Student Relationships

Scenarios

Scenario: Sid and Michelle

Scenario: Sid and Michelle [Answer]

Intent and Hostility

The Harasser's Intent Is Irrelevant

When Does An Environment Become Hostile?

Scenarios

Scenario: "Back off Ben"

Scenario: "Back off Ben" [Answer]

Scenario: "Touchy Tom"

Scenario: "Touchy Tom" [Answer]

Policy and What To Do

AIMM's Sexual Harassment Policy is "Zero Tolerance"

What To Do - Title IX of the Education Amendments of 1972

Liability

College Liability For Sexual Harassment

Test Your Understanding

Scenario: "Even Steven"

Scenario: "Even Steven" [Answer]

Individual Liability For Sexual Harassment

AIMM's Obligation To Provide A Defense/Indemnification

Test Your Understanding

Scenario: "Freaky Fred"

Scenario: "Freaky Fred" [Answer]

Test Your Understanding: Beyond Scenario "Freaky Fred"

Test Your Understanding: Beyond Scenario "Freaky Fred" [Answer]

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Title IX of the Education Amendments of 1972 (Part 3 of 5 Sections)

Title IX of the Education Amendments of 1972 prohibits sex discrimination.

The Director of Education, Dr. David Mitchell, is AIMM's appointed Title IX Officer. He can be contacted at dr.davidmitchell@aimm.edu

Sex discrimination is defined as different treatment of someone based on their sex. One of the most notable concerns in sex discrimination is sexual harassment. Here are some basic facts about sexual harassment:

It's a form of sex discrimination.

It's against the law.

It's against AIMM's policy.

Anyone - faculty, staff, or student - can be a victim of sexual harassment, and anybody can be a perpetrator. Sexual harassment victims can be male or female, heterosexual, bisexual, homosexual, transgendered, transsexual, or intersexual, and so can their harassers.

A man can sexually harass another man, and a woman can sexually harass another woman.

In the workplace, conduct is considered sexual harassment if it's unwelcome, based on a person's sex, sexual orientation, or gender identity, and interferes with that person's ability to do his or her job. In an educational setting, it's pretty much the same, except that the sexual harassment would also interfere with a student's ability to get an education.

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What is Sexual Harassment?

The Equal Employment Opportunity Commission's definition of sexual harassment in the workplace is fairly legalistic, but here it is: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

Submission is made either explicitly or implicitly a term or condition of the victim's employment; or

Submission to (or rejection of) the conduct is used as a basis for employment decisions affecting that individual; or

The conduct has the purpose or effect of unreasonably interfering with the victim's work performance or creates an intimidating, hostile or offensive working environment.

The Office of Civil Rights defines Sexual harassment as:

conduct that:   

is sexual in nature;

is  unwelcome; and

denies or limits a student’s ability to participate in or benefit from a school’s  education program.

Sexual harassment can take different forms depending on the  harasser and the nature of the harassment. The conduct can be carried out by  school employees, other students, and non-employee third parties, such as a visiting speaker. Both male and female students can be victims of sexual  harassment, and the harasser and the victim can be of the same sex.

The conduct can occur in any school program or activity and  can take place in school facilities, on a school bus, or at other off-campus  locations, such as a school-sponsored field trip or a training program at  another location. The conduct can be verbal, nonverbal, or physical.

The judgment and common sense of teachers and school  administrators are very important elements in determining whether sexual harassment has occurred and in determining an appropriate response, especially when dealing with young children.

There are two basic types of unlawful sexual harassment: quid pro quo and hostile work environment. Both involve unwelcome conduct of a sexual or gender related nature. 

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Quid Pro Quo Sexual Harassment

Quid pro quo is a Latin term that means "something for something," or an exchange of one thing for another.

So, quid pro quo sexual harassment essentially means asking for sexual favors of some kind in exchange for special treatment on the job, or the threat of ill-treatment if the victim will not consent to sexual favors. The "sexual conduct" may be verbal or physical, and the "asking" may be done either openly or implied. But, in any case, it must be unwelcome.

Example: A supervisor suggests that he/she can help a subordinate get a promotion if the subordinate gives in to the supervisor's sexual advances.

On campus, quid pro quo sexual harassment occurs if a faculty or staff member directly or indirectly requires a student to submit to sexual conduct in order to participate in a College program or activity, or if a faculty, staff, or student requires sexual conduct as the basis for an educational decision, such as a good grade. In other words, the faculty or staff member makes unwelcome sexual advances, requests sexual favors, or the student gives in to other verbal, nonverbal or physical conduct that is sexual in nature.

For example, a professor implies that if a student engages in sexual activity, the professor will give the student a better grade.

Or, a student implies that if the instructor engages in sexual activity with the student, the student will give the instructor a good evaluation at the end of the quarter.

In either case, the sexual harassment is unlawful whether or not the victim objects and then is harmed in some way, or gives in so as to avoid the harm.

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Hostile Work Environment

In the workplace, hostile work environment harassment takes place when speech or conduct of a sexual nature is so "severe, persistent or pervasive" that it interferes with the victim's work performance, or creates an intimidating, hostile or offensive working environment.

For AIMM students, this type of sexual harassment occurs when a student's or faculty/staff member's speech or conduct is sexual in nature and is so severe, persistent or pervasive that it limits a student's ability to participate in or benefit from an educational activity or program, or creates a hostile or abusive educational environment.

Note that speech of a sexual nature may be appropriate within the context of some courses, for example a Human Sexuality course.

Hostile work environment harassment may also include intimidating or harassing conduct of a non-sexual nature that is directed at an individual (or group of individuals) because of his/her/their gender, sexual orientation, or gender identity.

A hostile work environment can also occur when a student's speech or conduct is sexual in nature and is so severe, persistent or pervasive that it interferes with a faculty member's work performance, or creates an intimidating, hostile or offensive work environment.

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Examples of Conduct Upon Which a Hostile Work Environment Sexual Harassment Claim Might Be Based

Examples of Conduct Upon Which a Hostile Work Environment Sexual Harassment Claim Might Be Based:

Talking about sex outside the context of course content

Telling dirty jokes

Unnecessary and/or inappropriate touching

Commenting on someone's physical attributes

Showing sexually graphic or suggestive pictures

Using demeaning or inappropriate terms; e.g., "Honey" or "Sweetie" or "Beefcake"

Using sexually suggestive gestures

Sabotaging someone's work or education because of gender, sexual orientation, or gender identity

Engaging in physically intimidating conduct like blocking someone's path

Giving or promising favorable treatment to those who will consent to a sexually related activity

Using crude and offensive language

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Scenario: Morale Builders

Please read the below scenario to test your knowledge:

"Morale Builders"

Jake supervises a staff of ten people. He holds required staff meetings every Thursday. For the past six months, Jake has reserved the first ten minutes of each staff meeting for what he calls a "morale builder," during which the staff exchanges the latest jokes. The jokes are almost always of a sexual nature.

Tom is a member of Jake's staff. He never participates in the "morale builders" and generally avoids them by arriving ten minutes late to staff meetings. Jake calls Tom into his office. He tells Tom that his habit of arriving late is unacceptable and warns him that he will receive a written reprimand the next time he is late. Tom tells Jake that the reason he arrives late is because he finds the dirty joke sessions offensive. Jake just repeats his warning.

True or false: This is an example of both quid pro quo and hostile work environment sexual harassment.

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Scenario: Morale Builders [Answers]

Answer: True.

This could be an example of both quid pro quo and hostile work environment sexual harassment. Jake is essentially requiring Tom to cooperate with him in conducting inappropriate joke sessions and has threatened him with an adverse action (the letter of reprimand) if he doesn't cooperate. Such conduct may be considered quid pro quo sexual harassment. It could also be an example of hostile work environment sexual harassment because the joke sessions have occurred regularly over a period of six months, they are offensive to Tom, and they interfere with his attendance at required staff meetings.

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The Conduct Need Not Be Sexual In Nature

Sexual harassment means objectionable conduct directed at another person because of his or her sex, sexual orientation, or gender identity. Some conduct that isn't explicitly sexual in nature may be considered sexual harassment if it's directed at a woman because she's a woman, a man because he's a man, or a transgender person because of their gender identity.

For example, at least one court has ruled that a man's violent physical attack on a woman was sexual harassment because the attack was based on the woman's gender (that is, she was assaulted because she was female), even though there was nothing sexual about the assault itself.

Examples:

Several male employees sabotage the work of a female co-worker because she is a woman. Even though the behavior is not sexual in nature, their acts constitute sexual harassment because their behavior is motivated by the victim's sex.

A female employee constantly stares at a particular male employee for long periods of time while he is working. He tells her to stop, but she keeps staring. Even though the act of looking at someone is not per se sexual, unwelcome staring can be perceived as inappropriate if motivated by the victim's sex.

A transgender student is consistently and explicitly ostracized from participation in group work with other students.

An instructor observes that a particular student is being harassed by other students in the class because of that student's sex, sexual orientation, or gender identity but does nothing to intervene.

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What Is Meant By "Unwelcome"?

What is meant by unwelcomed behavior?

Behavior may be considered "unwelcome" if the recipient did not ask for it, consent to it, or initiate it, particularly if the recipient has indicated that the conduct is not wanted or finds it offensive.

The fact that the victim has not complained does not necessarily mean the conduct is welcome.

On the other hand, if individuals actively participate in sexual banter without giving any indication they find it offensive, it will probably be considered welcome. But even where this may be happening, keep in mind that some people may feel they have to "go along to get along" and, whether they say so or not, find it objectionable.

Some sexual comments and/or advances are so blatant and crude as to be inherently offensive: these will almost always be deemed unwelcome.

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A Note About Consensual Relationships

Consensual sexual relationships between co-workers (and, in the academic environment, between faculty, staff or students) often sour to the point where conduct once considered welcome becomes unwelcome. Both parties in a romantic relationship have the right to end it any time, and to do so without fear of retaliation on the job or in their academic work.

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A Note About Faculty and Student Relationships

The faculty-student relationship lies at the foundation of the educational process.  As a matter of sound judgment and professional ethics, faculty members have a responsibility to avoid any apparent or actual conflict between their professional responsibilities and personal relationships with students.

Romantic and/or sexual relationships between a faculty member and a student have the potential to pose risks to the faculty member, the student, or third parties.  In such relationships, voluntary consent by the student is suspect because of the inherently unequal nature of the relationship.  A romantic and/or sexual relationship between a faculty member and student can lead to a Title IX complaint of sexual harassment when the student feels that he or she has been exploited.  In addition, other faculty members, staff members, or students may express concerns about undue access or advantage, favoritism, restricted opportunities, or unfavorable treatment as a result of the relationship.  These concerns are damaging whether the favoritism is real or perceived.  They also arise in cases where the relationship between the faculty member and the student remains amicable, as well as in cases that lead to accusations of exploitation.  For all these reasons, AIMM strongly discourages romantic and/or sexual relationships between faculty members and students.  

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Scenario: Sid and Michelle

Please read the below scenario to test your knowledge.

"Sid and Michelle"

While having dinner with friends, Michelle was introduced to Sid, chair of the Math Department. Both were attracted to each other, and before the evening was over, Sid and Michelle agreed to a date.

Sid and Michelle had a wonderful time when they went out the first time. During the evening, Michelle told Sid she hoped to be admitted to his class as a late add student. Sid told her she should show up for class and he would take care of it.

Michelle was admitted to the class. However, she soon found she had little time for socializing and felt Sid was too demanding. When Michelle didn't want to see Sid one weekend, he insisted that she "owed him." Michelle then told Sid that, from then on, their relationship was to be strictly student-to-instructor. Sid still kept calling, hanging around outside her classes, and sending her emails. Michelle begged him to stop, but he didn't, so she began avoiding him by staying away from class as much as possible.

True or false: Michelle is not a victim of sexual harassment because her relationship with Sid was consensual.

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Scenario: Sid and Michelle [Answer]

 Answer: False.

Once Michelle broke off the relationship, it was no longer consensual. Since Michelle is avoiding class. Sid's conduct is interfering unreasonably with her education. Sid is guilty of sexually harassing Michelle under Title IX.

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The Harasser's Intent Is Irrelevant

It doesn't matter whether the alleged harasser intended to harass the victim. The conduct is evaluated from the victim's perspective. Many offenders may be completely unaware of how their actions are being perceived.

For example, regardless of whether the victim is male or female, courts apply a "reasonable person standard," asking whether a reasonable person would have found the conduct in question so severe and pervasive that it created a hostile environment.

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When Does An Environment Become Hostile?

To be hostile environment sexual harassment, not only must the conduct be unwelcome, it must also meet two other requirements:

The victim must have been personally offended by the conduct; and

The conduct must have been so severe and/or pervasive that a reasonable person in that situation would have found it offensive.

Factors Considered Relevant To Whether An Environment Is Hostile

Several factors will also be used to analyze the situation:

The frequency, severity, and duration of the unwelcome conduct;

Whether the conduct was physically threatening or humiliating, or simply offensive words;

Whether the conduct unreasonably interfered with the victim's work or academic performance;

The effect on the victim's psychological well-being; and

In employment, whether the harasser was the victim's supervisor.

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Scenario: "Back off Ben"

Please read the below scenario to test your knowledge.

"Back off Ben"

Susan is an instructor in the Genetics Department.  Her class is held 3 times a week.  Every time she comes into her classroom, there is a note on her desk from Ben, one of her students. The notes always say how great Susan looks and how much Ben would like to go out with her. The notes make Susan very uncomfortable and one day when she saw Ben in the hallway, she discreetly asked him to please stop putting notes on her desk. Ben smiled and said, "Whatever you say, teacher." The next day of class, Susan found another note on her desk. She became so upset that she was unable to teach her class.

Is this an example of hostile work environment sexual harassment?

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Scenario: "Back off Ben" [Answer]

Answer: Yes.

This is an example of hostile work environment sexual harassment. Ben's notes to Susan are unwanted and make her feel very uncomfortable. Despite Susan asking Ben to please stop, he has continued to do so. Ben's persistent and pervasive behavior has interfered with Susan's work performance and created a hostile work environment and was a violation of student conduct.

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Scenario: "Touchy Tom"

Please read the below scenario to test your knowledge.

"Touchy Tom"

Tom is a College employee. His department has a new student assistant, Suzi. Tom shows interest in her, but Suzi doesn't seem interested. One evening when Tom is working late on a presentation for the Trustees, Suzi stops by after an evening class to pick up some papers she left at her desk. As she walks by, he stands up and grabs her, tries to kiss her, and when she protests and attempts to get away, he fondles her breast and says, "Come on, you know you want me." Suzi escapes his grasp, runs away, and is so upset that she never returns to work in the department.

Is this an example of hostile work environment sexual harassment?

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Scenario: "Touchy Tom" [Answer]

 Answer: Yes.

Tom's grabbing and groping of Suzi most likely would be considered as having created a hostile work environment for her. While it only happened once - and could not be considered frequent - the severity of Tom's physical assault on Suzi would be viewed as more than an unreasonable interference with her personal liberties. 

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AIMM's Sexual Harassment Policy is "Zero Tolerance"

AIMM has a zero tolerance policy prohibiting sexual harassment. This means that, even if conduct doesn't meet the strict legal standards for sexual harassment, it may still violate the campus policy.

For example, an employee pats another's behind and says, "Nice butt." The conduct would probably not be considered sexual harassment in a legal sense, because it only happened one time, so the conduct wasn't "severe and pervasive."

The Federal Sex Discrimination Act requires AIMM to take reasonable steps to prevent sexual harassment from occurring. And that's why, under our campus policy, that act would be considered a violation. And even under a campus policy that applies the strict legal standard, it would be "unprofessional conduct."

The College employee who said "Nice butt," would be subject to corrective action because of the verbal conduct. Depending on the circumstances, corrective action could be a warning letter or formal disciplinary action ( i.e., suspension, demotion or termination of employment). Employees covered by a collective bargaining agreement should refer to their respective agreement.

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What To Do - Title IX of the Education Amendments of 1972

If you experience or witness discrimination, harassment, or a hostile environment, you have the right to, and must, report it to:

Human Resources (Employees)

Dr. David Mitchell, Director of Education and Title IX Officer, Human Resources. dr.davidmitchell@aimm.edu

Student Conduct (Students)

Students can refer to the Academic Catalog for information and help. 

A complaint can also be filed with the U.S. Department of Education, Office for Civil Rights (OCR). OCR is the federal agency that is responsible for enforcing these federal civil rights laws in schools and colleges.

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College Liability For Sexual Harassment

Supervisors/Department Chairs:

The College may be held strictly liable for sexual harassment by supervisors even if College administrators didn't know about the offending conduct and had no reason to know about it.

While the determination of whether someone is a "supervisor" is made on a case-by-case basis, the amount of control or influence that person was able to exert over the victim's employment will be important. Department Chairs would most likely be considered "supervisors" for this purpose.

If retaliation occurs, the college may further be held liable for those actions. Retaliation can be found in cases where a supervisor discouraged a student, colleague, or other person from filing a formal complaint.

In some circumstances, the College may avoid paying all or some monetary damages to the victim if there was a reasonable procedure in place to address the sexual harassment and the victim unreasonably failed to use that procedure. For example, if the College has an effective complaint procedure in place, and the victim does not use it, the victim may not be entitled to recover monetary damages for sexual harassment that could have been avoided if he or she had made a complaint.

Non-Supervisors:

The College may be held liable for an employee's sexual harassment of a fellow employee or student, or for a student's sexual harassment of another student or faculty member if, in either case, the victim can establish that College administrators either knew or should have known of the offending conduct but did not take immediate and appropriate corrective action.

If any "supervisor" knows about the offending conduct, the College will ordinarily be deemed to know about it. Again, Department Chairs would probably be considered "supervisors" for this purpose.

A prompt and effective response to sexual harassment complaints is important for two reasons. First, the College wants to preserve a working and learning environment that is free from sexual harassment. Second, a prompt and appropriate response can help the College avoid or limit potential legal liability.

For both these reasons, it is imperative that any and all complaints about conduct that could be considered sexual harassment - whether made by faculty, staff, or students - be taken seriously and promptly reported to an appropriate campus administrator.

"Magic words" are not required. If there's any question about whether particular conduct could be considered sexual harassment, and even if the complaintant doesn't call it "sexual harassment," it should be reported to an appropriate administrator so the College can take appropriate action.

Retaliation, whether by suggesting that there are negative consequences for reporting harassment, further harassment, or other discrimination is prohibited. Anyone engaging in retaliatory behavior is subject to the same discipline as someone who engaged in harassment.

In some circumstances, the College may avoid paying all or some monetary damages to the victim if there was a reasonable procedure in place to address the sexual harassment and the victim unreasonably failed to use that procedure. For example, if the College has an effective complaint procedure in place, and the victim does not use it, the victim may not be entitled to recover monetary damages for sexual harassment that could have been avoided had if he or she had made a complaint.

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Scenario: "Even Steven"

Please read the below scenario to test your knowledge.

"Even Steven"

Brittany is a student in the Accounting Department. One day she visits Samantha, Chair of the Accounting Department, and tearfully tells her that Steven, an Accounting Professor, gave her an "F" in one of her courses because she wouldn't continue seeing him romantically. Samantha is sympathetic and calms Brittany down, promising to try to resolve the matter informally with Steven. Samantha later speaks with Steven about the situation, but that's all she does. Samantha does not pass the information on to anyone else at the College. Brittany later files a sexual harassment lawsuit.

True or false: The College can be held liable for Steven's conduct, even though Samantha spoke to him about it.

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Scenario: "Even Steven" [Answer]

Answer: True

As Department Chair, Samantha's knowledge of Steven's conduct would probably be attributed to the College. Based on Samantha's knowledge, the College would be deemed to have known, and therefore could be held responsible for not adequately addressing the situation.

It is also possible that a court might consider Steven the equivalent of Brittany's supervisor, given the position of control and influence a faculty member exercises over students. If so, the College could be held responsible for Steven's conduct even if Brittany had never reported the incident to the Chair.

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Individual Liability For Sexual Harassment

Employees can file administrative complaints of sexual harassment against their supervisors through the Equal Employment Opportunity Commission (EEOC) or the State's Human Rights Commission (HRC). After that, if the complaint hasn't been resolved, they can sue their supervisors in court, and may include other claims like infliction of emotional distress or battery. Supervisors may be held personally responsible for their sexually harassing conduct.

Students are not required to file an administrative complaint before suing for sexual harassment. A student who is a victim of sexual harassment could sue an individual for infliction of emotional distress, battery or other legal claims. And, again, the individual defendant may be held personally liable.

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AIMM's Obligation To Provide A Defense/Indemnification

AIMM is generally required to provide its employees a defense in litigation where it is alleged that the employee in question either did something, or failed to do something, that was within the course and scope of his/her employment and where the conduct in question was not the result of actual fraud, corruption or malice.

If AIMM provides a defense, it must also pay any judgment entered against the employee for compensatory damages, provided that the employee has cooperated in good faith.

Sexual harassment is generally not considered part of the job or, more precisely, it's not "within the course and scope of employment." As such, it will almost always be the case that AIMM will not defend and/or indemnify any College employee who unlawfully sexually harasses a student or fellow employee.

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Scenario: "Freaky Fred"

Please read the below scenario to test your knowledge:

"Freaky Fred"

Fred and Mary share office space. Fred occasionally uses his office computer to look at web sites that feature scantily clad women. Mary has told him she finds that sort of thing offensive, but he does it anyway. Sometimes he even draws her attention to the pictures and comments on the women's physiques. Fed up, Mary finally files a sexual harassment claim against both Fred and the College.

True or false: Fred cannot be held personally liable because the offending conduct didn't take place all that frequently and although Mary objected, he didn't think she really minded all that much.

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Scenario: "Freaky Fred" [Answer]

Answer: False

Fred can be held personally liable for sexually harassing Mary. The fact that Fred thinks he didn't do it very often, or that Mary wasn't really offended, is irrelevant.

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Test Your Understanding: Beyond Scenario "Freaky Fred"

In the scenario "Freaky Fred", after Mary sues Fred for sexual harassment, he asks the College to provide a lawyer to defend him in the lawsuit.

True or false: The College must provide Fred a lawyer to defend Fred in the lawsuit because the offending conduct took place at work.

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Test Your Understanding: Beyond Scenario "Freaky Fred" [Answer]

Beyond Scenario "Freaky Fred": False.

Fred is not entitled to a defense provided by the College because, even though the offending conduct took place at work, sexual harassment is generally not considered "within the course and scope of one's employment." Fred will have to hire and pay for his own lawyer and, if the jury finds that he sexually harassed Mary, he will have to pay the resulting judgment out of his own pocket.

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The Civil Rights Act of 1964

The Civil Rights Act of 1964 (Part 4 of 5 Sections)

Harassment and Discrimination - The Civil Rights Act of 1964

Hostile Environment

Scenarios

Scenario: Recommendation Letters

Scenario: Recommendation Letters [Answer]

Scenario: Jokes in the Bistro

Scenario: Jokes in the Bistro [Answer]

What To Do

What To Do - The Civil Rights Act of 1964

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The Civil Rights Act of 1964 (Part 4 of 5 Sections)

Titles VI and VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of race, color, and national origin.

The text of the law reads, in part, "No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program..."

For our purposes, "any program" includes all of the activities that AIMM conducts, such as teaching and learning, employment, training, student programs, and access to instructional resources.

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Harassment and Discrimination - The Civil Rights Act of 1964

The Civil Rights Act addresses outright harassment, differential treatment and hostile environments.

Incidents of direct harassment based on race, color, or nationality, would be considered discrimination. Some examples of harassment include:

Using racial slurs when speaking to a group;

Mocking behavior about a race;

Sabotaging the work, or ostracizing a student, because of their nationality; or

Physical confrontation or violence.

Differential treatment occurs when:

Someone is treated differently, in a way that interferes with his or her ability to participate in a program;

That different treatment was based on race, color, or national origin; and

There was no "legitimate, non-discriminatory, non-pretextual basis for the different treatment."

For example, denying a student participation in a campus event because of their nationality would be a basis for a discrimination complaint.

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Hostile Environment

A hostile environment is described as speech, writing or actions which are "sufficiently severe, persistent or pervasive so as to interfere with or limit the ability of an individual to participate in or benefit from the recipient's programs or activities."

An example might include displaying posters that mock the characteristics of a certain nationality. It should be noted that at a college, there may be certain classes or activities where such speech might be accepted. Context is critical to determining whether a hostile environment exists.

It's also important to note that a hostile environment can be charged regardless of whether the people creating it are faculty or staff of the College. What matters is whether the College takes action to correct it.

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Scenario: Recommendation Letters

Please read the below scenario to test your knowledge.

A white student carrying a 3.5 GPA approaches an instructor about writing a recommendation letter for a scholarship. The instructor does not immediately respond. Later that day, a recent immigrant, a student of color with the same GPA, asks for a recommendation letter, and the instructor agrees to write it later that week.

Would this be a violation?

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Scenario: Recommendation Letters [Answer]

Would this be a violation?

Yes.

If there was no other legitimate reason for denying the request (for instance, the white student was regularly disruptive in class), this would constitute different treatment based on race.

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Scenario: Jokes in the Bistro

Please read the below scenario to test your knowledge.

"Jokes in the Bistro"

While chatting in line at the bistro, an instructor and a staff member share the latest jokes they've heard. One of the jokes paints a particular racial group as nice, but not smart enough to succeed in College. A third employee hears this, as do several students in line.

After a few weeks, the third employee realizes that these two other staff regularly meet in line at the Bistro, at about the same time, and share racist jokes.

No one does anything to stop the behavior. Would this be a violation?

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Scenario: Jokes in the Bistro [Answer]

 Answer: Yes, this would likely constitute a hostile environment.

The conduct was severe; it attacked people based on race or national origin and did so in an environment where students from those groups could hear it.

It was persistent; the casual meetings of these two employees occurred over a period of several weeks.

It also was recognized by another staff or faculty member at the College, and nothing was done.

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What To Do - The Civil Rights Act of 1964

Physical violence should be immediately reported to the Director of Education at dr.davidmitchell@aimm.edu. Life- threatening violence should be immediately reported to 911 prior to calling Campus Security.

If you experience or witness discrimination, harassment, or a hostile environment, you have the right to, and must report it to:

Human Resources 

Dr. David Mitchell, Director of Education and Title IX Officer, dr.davidmitchell@aimm.edu

A complaint can also be filed with the U.S. Department of Education, Office for Civil Rights (OCR). OCR is the federal agency that is responsible for enforcing these federal civil rights laws in schools and colleges.

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What To Do

What to Do: How to Seek Help (Part 5 of 5 Sections)

What to Do if You Believe You Are Being or Have Been Harassed or a Victim of Discrimination?

What If Someone Reports Discrimination or Harassment To You?

Contacting OCR About Discrimination and Retaliation

Resources

Confirmation of Completion Survey

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What to Do: How to Seek Help (Part 5 of 5 Sections)

Students, employees, and other participants who feel they have been discriminated or retaliated against have the right to file a complaint with the College's Office of Human Resources or the Student Conduct office:

Human Resources (Employees)

Dr. David Mitchell, Director of Education and Title IX Officer - dr.davidmitchell@aimm.edu

Student Conduct (Students)

Students can refer to the Academic Catalog for information and help.

A complaint can also be filed with the U.S. Department of Education, Office for Civil Rights (OCR). OCR is the federal agency that is responsible for enforcing these federal civil rights laws in schools and colleges.

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What to Do if You Believe You Are Being or Have Been Harassed or a Victim of Discrimination?

DON'T just take it. Tell someone! You can make a complaint under your collective bargaining agreement or campus policy. The College will take it seriously. If you're afraid, take a friend, co-worker, or teacher with you.

You can report harassment or other discrimination to:

Human Resources (Employees)

Dr. David Mitchell, Director of Education and Title IX Officer - dr.davidmitchell@aimm.edu

Student Conduct (Students)

Students can refer to the Academic Catalog page for information and help.

What will happen next?

The College will investigate your complaint and take prompt, effective action to correct the problem. Investigations must be completed within 60 days.

The College will not make your complaint public, but will have to tell some people about it in order to investigate and take appropriate corrective action. The only people who will know about your complaint are those who need to know about it to get these things accomplished. However if a public records request is made, the complaint may be released.

You may also file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the Office for Civil Rights.

The College will not allow anyone to retaliate against you for filing a complaint, and will take action against anyone who does. Retaliation can include threats, taunting or teasing, or additional harassment. Any retaliation should be immediately reported to the Office of Human Resources.

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What If Someone Reports Discrimination or Harassment To You?

If someone reports sexual harassment to you, you are required to refer that person to the Director of Education (Dr. David Mitchell) , even if that complaint was resolved informally within your department or division.

Director of Education 

Dr. David Mitchell, Director of Education - dr.davidmitchell@aimm.edu

Please keep in mind that retaliation of any kind is prohibited by college policy and civil rights law. Any retaliation associated with an incident of harassment should also be reported.

A complaint can also be filed with the U.S. Department of Education, Office for Civil Rights (OCR). OCR is the federal agency that is responsible for enforcing these federal civil rights laws in schools and colleges.

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Contacting OCR About Discrimination and Retaliation

Office for Civil Rights (OCR) provides technical assistance and investigates discrimination and retaliation complaints.

OCR's contact information is:

Office for Civil Rights, U.S. Department of Education 
915 Second Avenue, Room 3310 
Seattle, Washington 98174-1099

Telephone: 206-607-1600 
TDD: 206-607-1647 
Fax: 206-607-1601 
E-mail: OCR.Seattle@ed.gov
Website: http://www.ed.gov/ocr

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Resources

The Atlanta Institute of Music and Media Resources:

Dr. David Mitchell, Director of Education - dr.davidmitchell@aimm.edu

Equal Employment Opportunity/Diversity (EEO)  

Gender Equity in Higher Education

Student Rights and Responsibilities

Title IX

Office for Civil Rights (OCR)

OCR Web Svite

Sex Discrimination Resources

Race and National Origin Discrimination Resources

Disability Discrimination Resources

Age Discrimination Resources

Other Resources

EEOC "Questions And Answers" sheet on Federal Laws Prohibiting Job Discrimination

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Confirmation of Completion Survey

Thank you for completing the Sexual Harassment Prevention Training.  A copy of your confirmation will be placed in your personnel file.

If you have questions, please contact Dr. Mitchell, Director of Education, dr.davidmitchell@aimm.edu. Phone:  706-612-7742.

Points: 100.0

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