University of Maryland Extension and Maryland Agricultural Experiment Stations
Sexual Harassment Prevention - Winter, 2009
I.Overview
A.Maryland Cooperative Extension,a statewide, non-formal education system within the college of Agriculture and Natural Resources and the University of Maryland Eastern Shore. MCE educational programs and problem-solving assistance are available to citizens and are based on the research and experience of land grant universities such as the University of Maryland, College Park.
B.Conducts research primarily by 115 faculty located within the College of
Agriculture and Natural Resources, University of Maryland at College Park.
Faculty utilize MAES' 10 research facilities, grouped into four research
centers by geographical regions, for research that meets State, national, and
international agricultural, environmental, economic, and social needs.
- Tools and concepts:
- To enhance our work environment
To minimize our risk of liability
To know where danger lurks
To know what resources are available to us
D.As front-line staff we need to know:
How to define or recognize sexual harassment and related crimes
How SH affects people
The university’s policies and procedures
Where to get help
How to prevent and confront SH
II. Sexual Harassment and Criminal Law
Crimes - For these offenses punishments may go beyond loss of job to include fines and jail.
A.Related Crimes and Penalties- (Criminal)
Course of conduct with intent to harass.
Person has been requested to stop.
No legal purpose for the contact.
Punishable by 90 days in jail and a $500 fine.
B.Crimes and Penalties cont….
4th Degree Sexual Offense
Sexual contact with another person.
Without the consent.
Touching of another that would be reasonably believed to be sexual in nature, i.e. touching buttocks, breasts, kissing, etc…
Punishable by 1 year in jail and a $1,000 fine!
C.Crimes and Penalties
3rd Degree Sexual Offense
Sexual contact with another without the consent.
While using any kind of dangerous object or weapon.
Threatening or placing the victim in fear.
Committing the crime while aided by another.
Punishable by up to 10 years in jail!!!
D.Crimes and Penalties
2nd Degree Sexual offense
Engaging in a sexual act with another.
By force or threat of force.
Without the consent.
A felony punishable by 20 years in jail!
E.Crimes and Penalties
1st degree sexual offense
Engaging in a sexual act with another.
Using force or threat of force.
Without the consent.
While displaying a dangerous weapon.
Committed by more than one person.
Punishable by life in prison.
F.Crimes and Penalties
Rape in the 2nd degree
Engaging in sexual intercourse with another.
By force or threat of force.
Without Consent.
2nd degree punishable by 20 years.
G.Crimes and Penalties cont….
Rape in the 1st degree
Engaging in sexual intercourse.
By force or threat of force.
Displaying a dangerous weapon
Aided by another person
1st degree punishable by life in prison.
III.University of Maryland Sexual Harassment Policy
A.University of Maryland Sexual Harassment Policy is about the working and learning environment
For personal, social, intellectual and professional development
Free of intimidation, fear, coercion and reprisal
“Sexual harassment” is defined consistent with the legal definition of civil laws of Maryland and the US
Personal and institutional liability
B.What is sexual harassment?
Sexually-oriented or gender-based behavior that is unwelcome, unwanted and or uninvited by the recipient.
It can be verbal, non-verbal, or physical.
C.UMCP policy defines sexual harassment as: (first three alternative elements)
unwelcome sexual advances; or
unwelcome requests for sexual favors; and
other behavior of a sexual nature
WHERE …
D.DEFINITION (continued)
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or participation in a University-sponsored educational program or activity;or
Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual;or
Such conduct has the purposeor effectof unreasonably interfering with an individual's academic or work performance, or of creating an intimidating, hostile, or offensive educational or working environment.
E.Rules of Construction: Definition is applied from “the perspective of a reasonable person within the College Park Campus community”
Rules of common sense and reason shall prevail.
Rules of Practice: General Principles
Prevention
Fairness
Confidentiality
IV.Case Studies:
Bestcase/worst case
1.Lucy works in an office and for a month the mail carrier David keeps putting Victoria Secret catalogs in her mail box with certain pages earmarked. One day she tells him it is inappropriate and never to put a catalog in her mailbox again. David ignores her and continues to place the catalogs in her mailbox.
Is this sexual harassment?
Is this a violation of law?
If so, what law?
2.Wilson y Jéssica
Wilson molesta. Como si fuera chiste, dice a Jessica que “ella es caliente.”
Asi cada día el le menciona que ella es caliente o la mira cuando ella trabaja.
Esto le fastidia a ella.
3.Jim and Tina work in a small office mostly alone. One day Jim approaches
Tina from behind, says “I need a hug” and puts his arms around her.
While Huggingher he also fondles her breasts.
Is this sexual harassment?
Is this a crime?
If so, what crime?
- Cassandra is a part-time student in Bioscience. Her mentor, Dr. Hamilton, a renowned expert in the field, has been extremely supportive of her studies and has spent countless hours discussing with her. Lately he’s invited her to his home for their meetings. He has a reputation as a lady’s man, but she’s always felt very comfortable around him and never questioned his intentions. She’s gone to his home for three meetings. The first two times it seemed fine, but when she arrived for her third meeting he poured her a glass of wine and he led her by the hand to his study. She tried pulling her hand away but he just held it tighter. When they got to his study he let go of her hand, smiled flirtatiously and proceeded to ask her about her classes. She felt extremely uncomfortable and found she couldn’t focus on the discussion. She left feeling upset and confused. She doesn’t want to say anything to him for fear that maybe she misinterpreted his behavior or that he might get angry and stop giving her the same intellectual support she’s been getting from him. You are another faculty member in Extension. Cassandra comes to you for advice.
5.Janice has been the secretary for Dr. Clark, Dean of the College of X, for two years. Dr. Clark has been at the university for 21 years and is instrumental in the University receiving a $5-million annual grant from private industry. Three months ago he became widowed. Shortly thereafter, Dr. Clark began inviting Janice to go to lunch. Janice has joined him, partly because she doesn’t want to appear unsociable, and partly because she feels Dr. Clark may feel lonely after the recent death of his wife. Very recently, however, Dr. Clark has been brushing up against Janice in the office when there appeared to be sufficient room to go around her without touching her. Yesterday Dr. Clark invited Janice to his Virginia Beach home for the weekend so that, “I can get to know you better.”
V.Discussion points:Related Ethical Questions: Courting Professional Calamity
A.“STATEMENT OF SEXUAL RELATIONSHIPS AND
PROFESSIONAL CONDUCT
The basic function of a university is the discovery and transmission of knowledge, activities which arefounded upon the free and open exchange of ideas. In order for productive learning and the work thatsupports it to occur, members of the campus community - faculty, students and staff personnel – shouldpursue their responsibilities guided by a strong commitment to principles of mutual trust and confidence
and professional codes of conduct.
It should be understood by all members of the Campus community that sexual relationships that occur inthe context of educational or employment supervision and evaluation are generally deemed very unwisebecause they present serious ethical concerns. Many professional codes of conduct prohibit sexualrelationships that occur within the context of one’s profession. Accordingly, faculty and supervisors arewarned about the possible costs of even an apparently consenting relationship. The element of powerimplicit in sexual relationships occurring in the supervisor context can diminish a subordinate’s actualfreedom of choice. There is doubt whether any such relationship can be truly consensual. In addition,sexual relationships between a professor or supervisor and subordinate create an environment charged withpotential conflict of interest. Questions of favoritism frequently arise. As a result, such conduct maysubvert the normal structure of incentives that spur work and learning advancement and interjects attitudesand pressures which are not consonant with the education and employment policies and principles towhich the Campus is committed.”
B.Context of “educational or employment supervision”
Power differential + Sex →
•Likely to result in:
–favoritism,
–resentment,
–rumor,
–distraction,
–loss of respect,
–loss of professional standing, family, job and home
–embarrassment.
VI.Using the Process:
a.Formal Complaint: multiple options: call for assistance
b.Informal: Flexible process
–Where to file? “It depends.”
c.The policy says that it may be
the supervisor or
- Department or College Equity officer
similar University official with administrative authority over the person accused or
Campus Compliance Officer or
Office of Legal Affairs.
d.The Campus Compliance Officer or Office of Legal Affairs determines in each case who is the proper person to handle an informal complaint.
VII.So what happens at the end?
–Sanctions when warranted
–Range from a reprimand or counseling to
–Termination (Firing)
–Expulsion
–Possible civil or criminal proceedings
Practical Tips for Supervisors: If you receive an “alert” – what to do
Do something “reasonable”
Make the phone call
What’s the risk if you do nothing?
(or act “with deliberate indifference”?)
Personal and University Liability
Checklist for Supervisors: The Four Steps – document each one
1. Give complainant policy
2. Find out her concerns about policy/process
3. Discuss with CCO or Legal Affairs
What to expect:
–Discussion of facts of the case known to date
–Considerations of the various options
–Assistance in choosing best resources and referrals
–Help in formulating a plan for handling the case
–Your questions addressed
4. Follow up w/ complainant
Thank you and have a great year!
Roger Candelaria J.D., Campus Compliance Officer,
Retired, Major Paul Dillon,Department of Public Safety,
RESOURCES ON SEXUAL HARASSMENT
Sexual Harassment Program Resources website:
Contact the following for guidance, information or support.
Informal Complaints
- Your supervisor, chair, director, or dean
- AGNR Equity Administrator 301-405-8778.
- The President’s Legal Office (301) 405-4945.
- The Campus Compliance Officer in the Office of Human Relations Programs (301) 405-2838.
- The Employee Relations Staff in the Department of Personnel Services (301) 405-5651.
- The Office of Judicial Programs (301) 314-8204.
- Any University of Maryland official or faculty member
Formal Complaints
- The Campus Compliance Officer in the Office of Human Relations Programs (301) 405-2838.
- The President’s Legal Office (301) 405-4945.
- The Office of Judicial Programs (301) 314-8204 (student discipline)
- Other Campus Sexual Harassment and Assault Resources
- University of Maryland Police - Emergency, from an on-campus phone: 911; Nonemergency: (301) 405-3555.
- Other Resources
Other Resources
- University of MarylandHealthCenter (301) 314-8180 or 8184.
- Faculty/Staff Assistance Program (301) 314-8170.
- The CounselingCenter (301) 314-7651.
- University of Maryland Mental Health Service (301) 314-8106.
- The HealthCenter Victim Advocate for Sexual Assault, Sexual Harassment, Stalking and Partner Violence (301) 314-2222
Campus Sexual Harassment and Assault Resources
- Equal Employment Opportunity Commission (410) 962-3932 or (800) 669-4000.
- Office for Civil Rights, U.S. Dept. Of Education (800) 421-3481.
- The Maryland Commission on Human Relations (410) 767-8600.
- Prince George’s County Sexual Assault Center (301) 618-3154.
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