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HomeMy WebLinkAboutR-1997-058 Sexual Harassment WorkshopRESOLUTION NO. R-97-58 A RESOLUTION authorizing theManager services he CityClerk le Yakima City of a between to executeprofessional the City of Yakima and the University Center for Professional Education, Washington State University at Tri -Cities for the purpose of providing sexual harassment recognition and prevention training to City employees. WHEREAS, the City needs professional services to provide specialized training to City employees in the area of sexual harassment recognition and prevention; and WHEREAS, the City does not have the staffing levels or specialized expertise to conduct said training; and WHEREAS, the University Center for Professional Education, Washington State University at Tri -Cities ("UCFPE") has experience and expertise in sexual harassment recognition and prevention training and is willing to provide these services in accordance with the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with UCFPE for said sexual harassment recognition and prevention training services in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Professional Services Agreement" with University Center for Professional Education, Washington State University at Tri - Cities for the purpose of providing sexual harassment recognition training to City employees. ADOPTED BY THE CITY COUNCIL this 15thday of April and prevention , 1997. ATTEST: Lynn Buchanan, Mayor City Clerk PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington State municipal corporation, hereinafter the "City," and University Center for Professional Education, Washington State University at Tri -Cities, hereinafter the "Contractor." WHEREAS, the City needs professional services to provide specialized training in the area of sexual harassment recognition and prevention for City employees. WHEREAS, Contractor has experience and expertise in sexual harassment recognition and prevention training, and agrees to perform these training services for the City under the telins and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: 1. Scope of Training Services/Materials. a. Contractor shall provide the following services and materials to the City: i. Twenty-seven (27) half-day workshops on "Sexual Harassment: Awareness and Prevention." Each of these workshops shall have a maximum of thirty (30) participants and shall generally be held between 8:00 a.m. to 12:00 p.m., and 1:00 p.m. to 5:00 p.m. ii. All necessary course materials for the workshops. iii. All necessary travel and lodging arrangements for workshop instructors. iv. An on-site assessment prior to the commencement of the training workshops. v. A "Certificate of Attendance" to each City employee completing workshop training. The Contractor shall schedule the workshops based upon instructor availability, existing workloads, and availability of training facilities; provided, however, that the Contractor shall complete all twenty-seven (27) workshops by October 1, 1997. Page 1 of 4 (lk)agr/scxual harassment training/pm b. The City shall: i. Provide a suitable training room for the workshops. ii. Provide minor audio visual equipment (overhead projector, screen for projector, and flip chart). iii. At its discretion, provide refreshments to workshop participants. iv. Cooperate with Contractor to schedule workshops at mutually agreeable dates. v. Complete an "In -House Tailoring Worksheet" and return said completed document to the Contractor's Program Manager four (4) weeks prior to the first scheduled workshop. vi. In order to receive "Certificates of Attendance," provide Contractor with a list of workshop participants within two (2) weeks after completion of the sexual harassment awareness and prevention training program. 2. Consideration. The City agrees to provide the Contractor a total of Seventeen Thousand Dollars ($17,000.00) as full compensation for all training services performed and materials provided under and pursuant to this Agreement. This compensation is based upon the Contractor providing sexual harassment awareness and prevention to eight hundred (800) City employees through twenty-seven (27) workshops of thirty (30) participants per workshop. The Contractor shall submit satisfactory documentation/invoice evidencing said services to the City Personnel Officer at the end of each month in which training services are provided to the City. The City shall make payment to the Contractor within thirty (30) calendar days upon receipt of each monthly invoice. All payments are expressly conditioned upon the Contractor providing training services hereunder that are satisfactory to the City. 3. Term of Agreement. The Consultant shall commence sexual harassment awareness and prevention training services required hereunder upon execution of this Agreement and shall complete all training services required hereunder on or by October 1, 1997. Contractor shall make whatever time investments are necessary for the full completion of said services on or by October 1, 1997. 4. Status of Contractor. The Contractor and the City understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Agreement. Contractor shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement. Page 2 of 4 (Ik)agr/se a al harassment training/pm 5. Taxes and Assessments. Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments including but not limited to, sales tax, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed as a result of Contractor's activities under this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Contractor shall pay the same before it becomes due. 6. Non -Discrimination. During the performance of this Agreement, the Contractor shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, or the presence of any sensory, mental, or physical handicap. This provision shall include but not be limited to the following: employment, promotion, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay, compensation, and selection for training. 7. Compliance With Law. Contractor agrees to perform all training services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. S. No Insurance. It is understood the City does not maintain liability insurance for Contractor and/or its employees. 9. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor as stated herein. 10. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days written notice of termination. 11. Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 12. Integration. This written document constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Page 3 of 4 (Ik)agr/sexual harassment training/pm 13. Notices. Unless stated otherwise herein, all notices and demands shall • be in writing and sent to the parties at their addresses as follows: To City: Personnel Officer Human Resources Division 129 North Second Street Yakima, WA 98901 To Contractor: Margie Wordell Program Manager UCFPE Washington State University 100 Sprout Road Richland, WA 99352-1643 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such- notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Venue. The venue for any action to enforce or interpret this Agreement • shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: \• R. A. Zais, Jr. City Manager Date: 17l/8h 7 Date: ATTEST: City Clerk CITY CONTRACT NO. 6117" 147 Resolution No.: 12-97-5 Page 4 of 4 IW.gr/.cru.I harassment training/pm UNIVERSITY CENTER FOR PROFESSIONAL EDUCATION, WASHINGTON STATE UNIVERSITY AT TRI -CITIES Bv: Karen Hodge 5 7 r) Director CITY OF YAKIMA Sexual Harassment: Awareness and Prevention A preview of a Staff Development Program presented by WORKFORCE DIVERSITY SERVICES David J. Biviano 2006 Earl St. Centralia, WA 98531 Voice: 360-330-9315/Fax: 360-330-5567 email: dbiviano@localaccess.com Sexual Harassment: AR areness and Prevention AGENDA I. Introduction II. Rationale III. Definitions. The Law. EEOC Criteria IV. Policies and Procedures A. Policy B. Individual Strategy for Dealing with Sexual Harassment C. Handling Complaints VL Prevention CO WORFORCE DIVERSITY SERVICES 2006 Earl St. • Centralia, WA 98531 • 360-330-9315 KEY TERMS Prejudice: An attitude or judgment, favorable, or more usually unfavorable, which has been formulated in advance of sufficient evidence, and is held with emotional tenacity. (Webster's New World Dictionary, 1980.) Sexism: A form of institutional discrimination; the economic exploitation and social domination of members of one sex by the other, specifically of women by men. Also referred to as sex discrimination. (Webster's New World Dictionary, 1980.) Sexual Harassment: A form of sex discrimination. The EEOC defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. SEXUAL HARASSMENT IS A VIOLATION OF FEDERAL AND STATE LAW: TITLE VII OF THE 1964 CIVIL RIGHTS ACT, AS AMENDED IN 1972 specifically prohibits employment discrimination based on religion, color, national origin, race, and sex. The Equal Employment Opportunity Commission (EEOC) enforces sexual harassment guidelines. Criteria: 1. Submission to such conduct is made either implicitly or explicitly a term or condition of employment or education. 2. Submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual. J 3. Such conduct has the purpose or effect of unreasonably interfering with the individual's work or educational performance or creating an intimidating, hostile, or offensive environment. Third Party Harassment Quid pro quo Hostile Environment Third party harassment occurs when the complainant, a third party, is not the actual target of the harassment but is negatively affected or deprived of an opportunity at the institution through the occurrence of sexual harassment. Third party sexual harassment may involve quid pro quo and/or hostile environment harassment. © WORFORCE DIVERSITY SERVICES Verbal Examples of Sexual Harassment o Language that discounts or degrades such as girl, sweetheart, hunk, doll, or honey o Turning work discussions to sexual topics or telling sexual jokes or stones o Maki:.g sexual comments about a persons' clothing, anatomy or looks o Repeatedly asking a person out who is not interested o Discussing or spreading rumors about a persons' sex Life o Inquirng about a person's social or sexual life o Turtung conversations into sexual innuendo Non -Verbal o Displaying visuals which are sexually suggestive o Staring at someone, or looking a person up and down o Following a person, or frequenting their work area o Giving personal gifts o Gestures or winks, etc. Physical o Massage around the neck or shoulders o Touching the persons' clothing, hair or body o Standing close or blocking a person's path o Brushing up against a person o Hugging or kissing or other expression of affection o Touching oneself in a sexually suggestive way FRIENDLY BEHAVIOR VS. SEXUAL HARASSMENT The key to distinguishing between friendly behavior and sexual harassment is mutuality. If the behavior is not mutual, i.e there is not equal initiation and participation by both parties, then the initiator should realize that the behavior is unwelcome. It should also be noted that some mutual behavior is inappropriate in the workplace and is offensive to others. Perspective of "Reasonable Person": In determining whether the unwelcome conduct constitutes hostile environment harassment, the harasser's conduct should be evaluated from the objective standpoint of a reasonable person. That is, a reasonable person under similar circumstances should consider the conduct to be offensive in order to constitute a hostile environment. The reasonable person standard should consider the victim's perspective and not stereotyped notions of acceptable behavior. A new development in federal law establishes a reasonable woman/reasonable man standard because the appropriate victim's perspective must be considered. CONSEQUENCES: Any employee who sexually harasses another employee can be held legally and financially responsible for his or her actions. © WORFORCE DIVERSITY SERVICES 2006 Earl St. • Centralia, WA 98531.360-330-9315 INDIVIDUAL STRATEGY FOR DEALING WITH SEXUAL HARASSMENT 1. Document the incidents when they occur. 2. Tell the person to stop, that the behavior is unwelcome, if you can. 3. Say it again, if necessary. 4. Write a tetter to the harasser. It is recommended that the letter consist of three sections: I. Factual Account of What Happened In this section, it is recommended that the factual description of the events that took place be nonevaluative. This section should be as detailed as possible, including dates, places, people present, and a description of the incidents. For example, "On Wednesday, May 24 during a meeting in your office, you patted my thigh and hugged me twice." II. Description of Feelings about Incident In this section, the writer needs to document feelings about the events described in the first section. For example, "My stomach turned to knots during my visit with you in your office;" I am afraid to come into your office because I don't want you to ever touch me or look at me the way you did." I11. What Writer Wants to Happen Next In this section the writer needs to express what she or he would like to happen next. For example, "I don't ever want you to touch me or hug me again." It is also recommended that you: a. Deliver the letter in person, with a witness, or by registered or certified mail. b. Do not send copies of this letter to college administrators, unless the problem persists and you need to take further action. c. Keep at least one copy of the letter. d. Don't discuss the letter with the harasser if you do not want to. Writing a letter to the harasser can be a successful individual strategy because: a. it helps the victim gain a sense of control over the situation; b. it breaks a pattern of silence the victim may have kept out of fear of retaliation; c. it maintains confidentiality and most likely avoids formal charges and a public confrontation; d. it provides harassers with information about the way their behavior is being interpreted by another individual; f. it suggests that the victim is willing to take action to stop the harassment. 5. Talk with your supervisor. NOTE: This step is available at all times, without taking the other steps listed above. Adapted from: Academic and Workplace Sexual Harassment, Michele A. Paludi & Richard B. Barickman, Albany, NY: State University of New York Press, 1991. © WORFORCE DIVERSITY SERVICES 2006 Earl St. • Centralia. WA 98531 • 360-330-9315 RESOLUTION: MANAGER'S ROLE RECEIVE THE SEXUAL HARASSMENT COMPLAINT 1. Put the Complainant at ease. 2. Take the situation senousiy. 3. Listen. Don't make assumptions. 4. Intercede for or refer the Complainant. 5. Determine if the Complainant is in physical danger. 6. Prevent retaliation. 7 Document the discussion. DISCUSS THE SITUATION WITH THE ALLEGED HARASSER 1. Descnbe the circumstances surrounding the complaint, not the identity of the complainant. 2. Be serious and to the point. 3. Focus on the behavior, not the intention. 4. If the behavior is admitted, emphasize that it must stop. 5. If denied. explain the next steps. 6 Document the discussion. 7. Follow-up as appropnate. DISCUSS THE SITUATION WITH WITNESSES 1. Do not imtially identify the complainant or alleged harasser. 2. Descnbe the situation and circumstances. 3. Focus on the witnesses' observations of what took place, not their subjective interpretation. 4. Maintain confidentiality by asking them not to discuss this matter with the parties or other employees. © WORFORCE DIVERSITY SERVICES 2(1(16; Earl St • Centralia W 4 95531 • 16n -33n-9115 TALKING MAN TO MAN Sexual harassment is so much a normal part of men's culture, men's bonding to other men, men's perceived privilege, men's relationship to women that many men are confused that the issue comes up at all. Part of the traditional rationale for the harassment is that it is natural male behavior (implying that it is biological); that men must act this way to be men; that it is neutral, and not aggressive, ("I was just teasing." "Can't you take a joke?"); and that women want, need, like or encourage it. Educating ourselves means countering these myths with the reality of the effects of sexual harassment on women. This should not be women's work. Men need to consider what steps to take to make the workplace, neighborhood, social group, school/college, or other institution, safer for women. Many men need only information and models of non-aggressive behavior to become allies of women. However, many others need confrontation, lawsuits, etc., because the habits and attitudes are so ingrained that some men choose not to acknowledge and take responsibility for their actions. Whatever our intent, what is important is the impact of our actions on others. Why Men Should Work to Prevent Sexual Harassment There are at least five reasons why men should fight against sexual harassment: 1. Sexuai harassment sabotages men's relationships with women by introducing fear, discomfort, pressure, intimidation and abuse. This is true even if an individual man is not doing the harassing. 2. It divides men from women, robbing each of support and solidarity needed at work and in relationships. 3. It divides men from other men. Men end up competing and relating to one another through women. 4. Male harassment gets directed at men as well, in such forms as teasing, name calling, competitiveness, fighting and sexual abuse. 5. Regardless of age, ethnic origin, sexual orientation, etc., men feel the negative effects of sexual harassment on our environment. In an environment where any kind of harassment is tolerated, many more kinds are likely to be acted out. What Men Can Do Making the environment safer, more respectful of difference, more open and supportive, is of benefit to all of us. For those of us wanting to be more involved in the struggle to end sexual harassment, here are some ways to begin: 1. Read, listen, observe. Find out more about women's lives, women's culture, the roll of women in our society, and the vulnerabilities and strengths of women belonging to particular groups. How are their rights to be safe, to feel strong, to control their own bodies, to make their own decisions compromised? 2. Politely confront other men concerning behavior that seems abusive, including jokes, teasing and touching that are not respectful. 3. If there are specific harassers in your environment, strategize with others about how to educate or confront them. 4. Look at the environments you are a part of to see what needs to be changed or challenged. 5. Help organize other men to change situations that make women less powerful than men, such as unequal pay scales, lack of childcare, unsafe working conditions or transportation options, inadequate health care, domestic violence, street harassment, etc. You can contact local groups dealing with these issues to find out what men can do. Adapted from: 'Help Yourself: A Manual for Dealing With Sexual Harassment,' Mary T. Lebrato, Sexual Harassment in Employment Project of the California Commission on the Status of Women, 1986. © WORFORCE DIVERSITY SERVICES 2006 Earl St. • Centralia, WA 98531 • 360-330-9315 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE: Sexual Harassment Workshop SUBMITTED BY: Archie M. Sutton, Personnel Officer Item No. I For Meeting Of 4/15/97 CONTACT PERSON/TELEPHONE: Archie M. Sutton/575-6090 SUMMARY EXPLANATION: Background Over the last decade, sexual harassment has been identified as a serious problem within this Nation's workforce for nearly two-thirds of working women. In some cases, even men have had to face this dilemma. The City of Yakima management feels it is necessary to educate City employees about the City's policy on Sexual Harassment. In doing so, a special mandatory training workshop on Sexual Harassment Awareness and Prevention is planned to benefit new employees, as well as serve as a reminder to all current employees. Washington State University Center for Professional Education has developed a special Sexual Harassment Awareness and Prevention Training Program to train 800 City of Yakima employees: Police Dept. (169), Fire Dept. (80), Public Works (154), Finance (49), Community and Economic Development (59), Administrative Services (119), and Police/Fire Reserves and temporary employees (170). Training session parameters are as follows: • 27 four-hour workshops (2 workshops per day, 3 consecutive days per week for 4 weeks). • Maximum of 30 participants per workshops. The cost for 27 four-hour workshops and an on-site assessment is $17,000. This price includes speaker honorarium, travel and lodging, seminar coordination, employee materials and program tailoring to the City's needs. The average cost per employee is $21.25. Funding for the Sexual Harassment Training shall be paid out of department/division travel and training budget, based on employee participation from the various departments. Resolution X Ordinance Contract Other (Specify) Funding Source De.artment/divisio iividual ii,budget APPROVED FOR SUBMITTAL: City,allan. ger STAFF RECOMMENDATION: Aprove the "'act. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: TD -17 Agenda/Sex.Har 4/15/97 Resolution adopted. RESOLUTION NO. R-97-58