Sexual Harassment Policies and Computer-Based Training.

After summarizing the concepts and legislation involved in the need for a well-stated sexual harassment policy in a community college environment, the author links computer-based training to successful policy implementation and provides an overview of software designed to instruct employees about an institution's sexual harassment policies.

Whether student-to-student, employee-to-employee, or encountered by undergraduates from persons at an educational institution in a position of authority over them, the literature is clear: Sexual harassment exists at educational institutions. The nature and probability of the harassment varies by gender and scholastic level. Females are more likely to encounter harassment than males, and graduate students are more likely to encounter difficulty than undergraduates (Taylor, 1989). According to Taylor (p. 32), "sexual harassment is the misuse of power that involves two people of perceived unequal authority and status, in a situation which has sexual overtones." Although it is primarily a problem for women (Williams, Lam, & Shively, 1992), it is also experienced by men.

Background

Several court cases, including the 1986 Supreme Court ruling in Meritor Savings Bank v. Vinson, have established that sexual advances by co-workers, which would encompass peers, professors, and administrators in an educational setting, that create a "hostile work environment" are the prime determinants of sexual harassment (Little, 1989). Sexual harassment includes unwanted sexual leering, suggestion, comments, and objectionable physical contact (Beauvis, 1986). The Meritor Savings Bank ruling and others derive from the Civil Rights Act of 1964, the Civil Rights Restoration Act, and other legislation. When considered in total, legal actions that involve sexual harassment point to the inescapable conclusion that any educational institution without a sexual harassment policy invites litigation regardless of the degree of plaintiff suffering (Taylor, 1989). Although the courts will generally apply a "reasonable person" standard to determine the severity of the "hostile work environment," the courts hold employers liable for employee conduct that employers knew or should have known was improper and for which immediate remedial steps were not taken (Shephard, 1993).

In addition to unwelcome conduct, Little (1989) suggests no less than three other potential exposures of institutional litigation. Exposure occurs when welcome conduct becomes unwelcome. Remember that in an educational setting, both faculty and administrators represent leverage and power. Second, parents may cite unprofessional conduct in an allegedly consensual relationship; and third, classmates may claim unequal and disadvantaged treatment in comparison to that enjoyed by the consenting student. Therefore, to the educational institution, implementing a sexual harassment policy involves not only defining a policy and proper professional conduct, it also involves evaluating behavior (Taylor, 1989). Sexual harassment policy must be clearly defined, and it must be widely known (American Council of Education, 1986). Implementing policy requires training, open and periodic systemic communication, and the message that violation begets penalty (Frierson, 1989). Discipline must be mandated for infractions, and, finally, policy effectiveness must be measurable.

A review of the literature confirms the view of Riggs and Murrell (1995) that the issue of sexual harassment is relatively unexamined at the community college level of education. Does this mean that the community college network is not touched by sexual harassment litigation? The findings of a national search in April 1998 of a legal system database (Lexis-Nexis, 1998) provided data on sexual harassment suits involving community colleges. By combining the descriptors community college and sexual harassment, almost 400 situations could have been examined. To narrow the focus, a proximity search was conducted within the time constraint of post-1989. For this period, the two cited terms were connected to another descriptor, student, only if it was located within thirty words of the initial two descriptors. The combination of three descriptors, within a proximity search and time-constrained structure, yielded approximately two dozen opportunities for examination. Contrary to the reporting of Riggs and Murrell (1995), the numbers yielded through the legal system database search demonstrate that sexual harassment is an issue of importance to the community college system.

Certainly, if for no other reason than those associated with legal defense strategy, community colleges, colleges, and universities have implemented sexual harassment policies. A random visit to Internet websites of various community colleges occasionally reveals sexual harassment as a menu category. This suggests limited community college awareness about the implications of risk concerning the topic. Sexual harassment as a website menu choice implies recognition that formal policy and training about sexual harassment is essential to reducing harassment of this type on the campus. Also implicit is the attempt to reduce liability for incidents of a sexual nature whether due to acts committed by faculty, staff, or students.

The fact that sexual harassment should be a major issue to the community college network is confirmed by the imminent release of an on-line self-evaluation appraisal of institutional sexual harassment exposure by the Association of Community College Trustees (ACCT) and an independent software developer, Guided Learning Systems, LLC (1997). The evaluation is directed at the ACCT membership. It is designed to permit quick and confidential assessment of a community college's exposure to a sexual harassment complaint. For those institutions that confirm their sexual harassment exposure, a computer-based training program is available. The temporary website, a developmental site, can be viewed at the following address: http://www.guidedlearning.com/acct/.

Policy Implementation

Even with a well-stated sexual harassment policy in place, implementing the policy is another matter and involves interpretations of the policy by all those involved in implementing it. One method of implementing sexual harassment policy focuses on using training workshops for employees. A workshop can take many forms. It could be a forum in which sexual harassment is developed as a theme and defined. "Tell Someone" is a multifaceted workshop attempt by the University of Michigan to combat sexual harassment on its campus (Beauvis, 1989). It employs videotaped dramas, trained facilitators, and outside consultants to inspire participants to examine the many facets of sexual harassment. The program's goal is to create a workshop experience that will build participant awareness and provide knowledge and understanding about the issues, institutional policy, and avoidance of compromising or illegal actions.

This type of training appears to increase awareness and knowledge as to the elements of sexual harassment (Beauvis, 1986), particularly on the part of men. The workshop approach, however, is an expensive and time-consuming process that involves scheduling facilitators, engaging leaders, and sometimes reimbursing participant travel expenses.

Using law firms or consultants to offer seminar and group discussion programs constitutes another form of education about sexual harassment (Frierson, 1989). Once again the full cost of scheduling, work release, and other indirect expenditures can be difficult to calculate, and the ability to determine which participants achieved a satisfactory level of comprehension presents a challenge.

With the aid of personal computers and with the employment of individualized computer-based training (CBT), an educational institution, like any business or commercial entity, can address the issue of sexual harassment by using measurable and verifiable self-training results. CBT permits the person (or persons) responsible for implementing sexual harassment policy to determine the level of an individual employee's comprehension of the pertinent material, and allows employees to be tested based on the level of knowledge required for their position within the organizational structure. For example, a faculty member may require a different level of knowledge about an institution's sexual harassment policy than a staff member who has limited contact with students. CBT offers a method that uses interactive practice and reinforcement. Its application can be expanded to include any group including students and employees at multiple locations. CBT also can be used as an agent of remedial instruction, and to address the notion of preventive consequence (Eubanks, 1991), which are linked conceptually. Without a sexual harassment policy, the institution takes great occurrence and legal risk, risks that can be mitigated by on-going and active training.

A Computer-Based Training Model

Community colleges already use CBT as a training tool. A review of the literature reveals such applications as remedial education, mathematical development, and an ever-growing application to general and specific educational, vocational, and administrative needs. CBT permits self-education at a pace determined by the learner. A review of the literature reveals that no information exists on using computer-based training as a tool for implementing sexual harassment policy. One model, nevertheless, does exist. The model is a software format that can be used on personal computers whether as a stand-alone system or as a component of a local access network (LAN).

The model, Avoiding Sexual Harassment (Greenagel, 1996), has been commercially available for several years and incorporates two broad features. First it allows a user, within the training program, to customize policy statements based upon a particular college's policy. An introductory opening statement by the institution of its sexual harassment policy and the significance accorded the policy by the administrators and the school's trustees is typical. Within this feature is also the opportunity to create a closing narrative. In either the opening message or concluding page, the sponsoring organization may describe the penalties that will follow infractions.

The second feature of this CBT program involves training modules. One module provides an overview about sexual harassment and recognizing sexual harassment. Other modules include college policy and procedures, questions and misconceptions, and the test by which mastery of the subject is verified. The modules may be taken at one time or in segments, not necessarily in sequence. If taken over one time period, the program modules require approximately one-and-one-half hours to master. Each module presents information statements followed by step-by-step opportunities to learn through a question-and-answer format. Correct responses to questions are reinforced immediately; incorrect responses require more practice. After each correct response, additional information follows about the topic. Related but different subsequent questions attempt to teach the learner the correct answer and ultimately to reinforce a user's progress to the next level of the learning process. One lesson involves printing the sexual harassment policy. This permits the user to study the policy independent of computer access and facilitates notations and reference to enhance comprehension.

Each module ends with a question and multiple-choice test format designed to give the user explanations about any incorrect replies. A mastery examination follows the preliminary tests. The mastery exam is created by randomly sequenced questions. Hence, it is unlikely that any mastery exam would duplicate the preceding examination. Successful exam completion provides several options for notifying the human resource department when an employee successfully completes the course: A diploma can be printed and taken to the human resources officer, or it can be forwarded electronically to the proper administrator. Automatic reporting to a centralized database also can be implemented.

The significance of using computer-based training to implement sexual harassment policy is that an employer can stress the policy's importance by requiring successful completion of the course. Completion time requirements for situations of probation, tenure, or the transition to full-time status can be imposed as a condition of employment by an institution. Even in a union environment, according to Greenagel (1997), this methodology should not prove to be difficult to implement. Union cooperation arises for a number of reasons including union endorsement of training to reduce those factors that engender a hostile environment. Second, by refusing to cooperate, a union could be included as a possible defendant in a sexual harassment complaint.

This training program (Greenagel, 1996) keeps no record of failed test attempts. Neither does it maintain a record as to any answer or improper answer pattern, if any. Moreover, the employer defines the passing mark level. This permits the institution to demand a higher level of comprehension for different levels of employees or management. Likewise, a mastery exam can be required periodically to emphasize a nonharassing environment. In addition the introductory and concluding message also may be modified at will.

Reducing Legal Risk

Legal risk may be diminished if a community college has a well-defined sexual harassment policy and an employee training program as part of implementing that policy (Carter & Mendez, 1993). Because the legal system has made clear that colleges and universities are responsible for protecting students, faculty, and employees from sexual harassment, claimants may seek damages that, if magnified to the threshold of treble damages, predictably compel settlement without any confirmation of culpability. The premise of this type of scenario rests on such issues as lack of policy, failure to make known the policy, and failure to implement the policy consistently (Eubanks, 1991). Even worse is the likelihood of copycat suits and the result of settlement without any determination of wrongdoing (Frierson, 1989). An ongoing, upgraded, verifiable policy will both discourage claims and minimize contingent legal representation and the treble damage threat (Shepard, 1997). Computer-based training will not on its own contain improper conduct and prevent litigation. CBT is an appropriate part of what Frierson (1989) calls policy, procedure, and action effectiveness. The training that stems from a well-defined policy becomes material to a defense strategy and constitutes an activity that complements legal advice and strategy (Shepard & Mason, 1993).

Because employees at all levels can be trained using CBT based upon the demands of their positions (Taylor, 1989), complaints, if made, can be addressed by someone knowledgeable about the college's sexual harassment policy. The act of complaining can be better understood by an aggrieved party, the result being that the institution will be better able to act, investigate, and, if necessary, apply the appropriate penalty. For the accused, as well as the complainant, a stated grievance process that is part of a sexual harassment policy, in contrast to an unstated procedure, is more likely to insure privacy, even-handedness, systemic consistency, and due process (Frierson, 1989). Contrary to an institution with no policy or with an inconsistent policy, an institution with a clearly stated policy that uses an individualized computer-based training program as an agent of policy implementation, can more confidently initiate an action against any apparent sexual harassment policy violator (Greenagel, 1996). If the key to a successful harassment litigation defense is information (Ames, 1995), what could be better than a record of measurable institutional policy comprehension? Computer-based training can be an agent of both systemic sexual harassment policy distribution and of comprehension measurement.

References

American Council on Education. (1986). Sexual harassment on campus: Suggestions for reviewing campus policy and educational programs. Washington, DC: Author.

Ames, J. (1995). The office power game. Eurolawyer, 1, 9.

Beauvis, K. (1986). Workshops to combat sexual harassment: A case study of changing attitudes. Signs: Journal of Women in Culture and Society, 1, 130-145.

Carter, K. B., & Mendez, I. (1993, August 1). Harassment ruling alters behavior with policy. Sunday Star Ledger, Section 3, p. 1.

Eubanks, P. (1991). Preventive measures: Key to sexual harassment policies. Hospitals, 65, 35-36.

Frierson, J. (1989). Reduce the costs of sexual harassment. Personnel Journal, 68(11), 79-85.

Greenagel, F. L. (1996). Avoiding Sexual Harassment (Computer software). Hampton, NJ: Guided Learning.

Greenagel, F. L. (1997, June 30). Personal communication.

Guided Learning Systems LLC (1997). Annotated diagnostic for college trustees on avoiding sexual harassment [On-line]. Available: http:// www.guidedlearning.com/acct/

Lexis-Nexis (1998). Directory of online services. Dayton, OH: Author.

Little, D., & Thompson, J. A. (1989). Campus policies, the law and sexual relationships. Thought and Action: The NEA Higher Educational Journal, 5, 17-24.

Meritor Savings Bank FSB v. Vinson. 1206 S. Ct.2399 (1986).

Shepard, I. M. (1997). University not liable for sexual harassment when it acted promptly. Association of Community College Trustees Advisor, 27(1), 10.

Shepard, I. M., & Mason, C. (1993, January-February). The unwanted advance: Advising employers on sexual harassment. Business Law Today, pp. 4-9.

Riggs, R.O., & Murrell, P. H. (1995). Sexual harassment in the community college: The abuse of power. New Directions for Community Colleges, 23, 57-66.

Taylor, B. G. (1989). Response: Who is responsible for sexual harassment? Thought and Action: The NEA Higher Education Journal, 5, 25-38.

Williams, E. A., Lam, J. A., & Shively, M. (1992). The impact of a university policy on the sexual harassment of female students. Journal of Higher Education, 63(1), 50-64.

Richard D. Wellbrock is vice-chairman of Raritan Valley Community College of North Branch, New Jersey, and a member of the Executive Committee of the New Jersey Council of County Colleges. He also is a certified management consultant. ([e-mail])