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Creating and Maintaining Non-Discriminatory Working and Learning Environments

August 28, 2023

Elizabeth Conklin, JD

ID
10671

Transcript

  • 00:00Hi. It's so good to be with you.
  • 00:03I'm welcome and thank you for the
  • 00:06introduction. Darren is always a
  • 00:07little bit of a hard act to follow.
  • 00:10So I'm going to do my best and I think the
  • 00:12way I can do that is to talk about food.
  • 00:14So how many people we are
  • 00:16new to Haven or Connecticut?
  • 00:20Good number. OK. So here's the tips.
  • 00:23Coffee, coffee drinkers in the room.
  • 00:25I think the best coffee in town,
  • 00:27and this is changing all the time,
  • 00:28but in my opinion,
  • 00:30in this place called Fussy coffee
  • 00:31which is over at Science Park if you
  • 00:33like a good cold brew or a pour over,
  • 00:36I had a recommended. So that's number one.
  • 00:38The place in Guilford.
  • 00:40It's an outdoor place.
  • 00:42You can bring whatever you want,
  • 00:44you I/O everything,
  • 00:45including glasses if you'd like.
  • 00:46They BBQ up lots of fish
  • 00:49and other things Excellent.
  • 00:51So those are my two food suggestions to
  • 00:53get us started on the right foot here.
  • 00:56I'm going to talk today about
  • 00:59bringing what Darren spoke about
  • 01:01into a little bit more tangible
  • 01:03expectations around policy and
  • 01:05resources on these topics here at Yale.
  • 01:08I'm going to share a couple of
  • 01:11different thoughts based on cases
  • 01:12that we've either seen in the news or
  • 01:14else that I have managed directly.
  • 01:16And I could just tell you a little
  • 01:18bit about my background.
  • 01:19I've been here at Yale since September 2020.
  • 01:22This role was a new role at that time
  • 01:24to really bring together universities
  • 01:27approach to both preventing and
  • 01:29responding to discrimination and
  • 01:31harassment as well as ensuring
  • 01:33inclusion and accessibility.
  • 01:34I work closely on the universities
  • 01:36belonging at Yale campaign with
  • 01:38other leaders and I'll be talking
  • 01:40about different aspects of this.
  • 01:42Prior to that,
  • 01:43I spent nearly eleven years at the
  • 01:45University of Connecticut and a very
  • 01:47similar role where I work particularly
  • 01:50closely with the leadership at
  • 01:52UConn Health and in the clinical and
  • 01:54academic research sets settings as well.
  • 01:57I always love being back home.
  • 01:59School medicine feels like home to me.
  • 02:01Prior to that I was in private practice as
  • 02:04an attorney and I represented plaintiffs
  • 02:06with claims of discrimination and harassment.
  • 02:09I also represented labor unions and I've
  • 02:13lived in Connecticut most of my life.
  • 02:14So if you need any other recommendations at
  • 02:17all related to the nice that I stayed drunk,
  • 02:19you can reach out.
  • 02:21OK,
  • 02:22so belonging at Yale is a,
  • 02:25is a, this is a local.
  • 02:26You'll see this is a campaign.
  • 02:28You'll see it's really the
  • 02:30university's efforts around inclusion.
  • 02:32And this is something that the School
  • 02:36of Medicine is very committed to.
  • 02:38We have been having each school do its
  • 02:41own unit plans around belonging and
  • 02:43we're in year three and the year 3.
  • 02:47Common action across the institution
  • 02:48is sponsorship and mentorship.
  • 02:51So really,
  • 02:51picking up on what Darren lays down,
  • 02:54you'll see opportunities to
  • 02:55develop your skills in this way,
  • 02:56both of them in school and
  • 02:58at university wide events,
  • 02:59and I encourage you to take advantage of
  • 03:02those as you move into your wall here.
  • 03:05So we only think this is important
  • 03:07for reasons Darren emphasize.
  • 03:09In fact, Doctor Brené Brown spoke here at
  • 03:11the School of Medicine a couple weeks ago.
  • 03:14I don't know how many of you
  • 03:15are familiar with homework,
  • 03:17a book I return to over and over again.
  • 03:19That is really foundational to the
  • 03:21way I think, not only as a leader,
  • 03:23but about the work that I do
  • 03:24is dare to leave.
  • 03:26I highly recommend it if
  • 03:27you haven't read it before.
  • 03:29I think it takes some of the concepts
  • 03:31around inclusive leadership and makes
  • 03:33them feel extremely actionable.
  • 03:35What was interesting about your
  • 03:36word cloud was I noticed some
  • 03:38of the words that came up,
  • 03:39including supportive,
  • 03:40transparent,
  • 03:40kind are very much supported
  • 03:43in her research and some of the
  • 03:46hallmarks of leaders who lead in a
  • 03:48way that does not create toxicity.
  • 03:50But why does that matter to someone like me?
  • 03:54Study after study,
  • 03:55including the National Academy of Science,
  • 03:57Engineering and Medicine,
  • 03:58People Implement,
  • 03:59Opportunity Commission and others,
  • 04:01has found a direct link between
  • 04:04incivility and discrimination and
  • 04:06harassment based on protected classes.
  • 04:08I think a lot of us saw this
  • 04:09during the ME too era.
  • 04:10When you think about cases that
  • 04:13came forward during that time,
  • 04:14it went well beyond sexual harassment.
  • 04:17So we were seeing cases certainly
  • 04:20where folks were alleging sexual
  • 04:22harassment and sexual misconduct.
  • 04:24But often if you dug into the
  • 04:26facts of those cases,
  • 04:27you found that there was also
  • 04:30an extremely widespread toxic
  • 04:32culture within the environment.
  • 04:35This goes beyond me, too.
  • 04:37So I'm sure all of you read the
  • 04:39headlines a couple years ago when the
  • 04:41balling supermaxes went down terrified.
  • 04:43Thinking about your next flight.
  • 04:44I would always check my flying on supermax.
  • 04:47Interesting report about the
  • 04:49culture of balling, right?
  • 04:51So we're talking about
  • 04:53planes and manufacturing,
  • 04:54but it was not a surprise to me
  • 04:56when you dug into the public basic
  • 04:57report about what went wrong.
  • 04:59You see a culture of competition,
  • 05:01toxicity, non transparency.
  • 05:03These are not surprising to those
  • 05:09between these types of workplace
  • 05:12environments and bad outcomes.
  • 05:13In that case, it's disastrous outcomes.
  • 05:15The same link is there with sexual
  • 05:17harassment and sexual misconduct.
  • 05:19So this is something to keep in mind
  • 05:23is something that we think about
  • 05:28workplace culture in our environments.
  • 05:31So when we are talking about
  • 05:34discrimination and harassment,
  • 05:36it's important to ground this discussion
  • 05:38in the civil rights legal framework here
  • 05:41in the United States. Some of you might
  • 05:43be extremely familiar with this,
  • 05:44some of you might be less so. I promise
  • 05:46you this is my only lawyer looking slide.
  • 05:49But this is important to keep in mind,
  • 05:51partly because many of you will be
  • 05:53working with or may yourselves be
  • 05:54international or newer to the US
  • 05:57and some of these concepts are a
  • 05:58little bit different and there can
  • 06:00be cultural distinctions as well.
  • 06:01So it's important to ground ourselves
  • 06:03on what Elses are based on.
  • 06:05So Title 6, it prohibits
  • 06:07discrimination based on grace,
  • 06:08color and national origin and education.
  • 06:11So this applies when you're
  • 06:13working with learners.
  • 06:14Title 9, which probably most
  • 06:17of you have heard about, is about prohibiting
  • 06:20sex discrimination in academic environment.
  • 06:22It applies K right on through to medical
  • 06:26and it is goes well beyond sort
  • 06:29of sex and gender.
  • 06:30It impacts things like sexual harassment,
  • 06:33compensation, equity,
  • 06:34pregnancy and parenting and more.
  • 06:37Title 9 goes beyond protecting just students.
  • 06:39Faculty and staff at an academic
  • 06:42medical institution also have both
  • 06:44protections and responsibilities
  • 06:46Under Title 9 that I'll be
  • 06:48talking about in more detail.
  • 06:49Title 7 is your major employment
  • 06:52discrimination statue.
  • 06:53This is really the foundation of
  • 06:55what provides you with certain
  • 06:56rights and appear supervisor
  • 06:58obligations in the workplace.
  • 07:01The AGE Act is an interesting
  • 07:02one in this context.
  • 07:03It prevents discrimination based on age.
  • 07:06Typically when we're
  • 07:08seeing either very young
  • 07:09or much older than normal students,
  • 07:12this is when this kicks in.
  • 07:13There are also age
  • 07:15discrimination protections
  • 07:15in Title 7 and in state law.
  • 07:18And then finally the ADA and
  • 07:20Section 504 of the Rehabilitation
  • 07:22Act. I'll be talking with you at
  • 07:24the end of my presentation today,
  • 07:26both about your resources and
  • 07:28rights related to disabilities,
  • 07:29as well as your obligations if
  • 07:31students or people that report
  • 07:33to you need accommodations.
  • 07:35So I'm going to flip us through pretty
  • 07:36quickly with university policies.
  • 07:37This QR code should bring you to a brochure.
  • 07:40You're welcome to bring it up.
  • 07:43And I think these materials are also
  • 07:44available to you after the fact.
  • 07:46But we have one major university
  • 07:48policy, the policy against
  • 07:50discrimination and harassment,
  • 07:51which defines our conduct
  • 07:53expectations in this arena.
  • 07:55This is the major one to refer to
  • 07:57if you have questions in this area.
  • 07:59And the policy lays out
  • 08:01protected characteristics.
  • 08:02So when I'm talking about things
  • 08:04like discrimination and harassment,
  • 08:05I'm not really talking about sort of
  • 08:07your garden variety toxic workplace.
  • 08:10I'm I'm zeroing in more on things that
  • 08:13happen that have an adverse impact that
  • 08:15are based on protected classifications.
  • 08:18Then there could be both
  • 08:20in a single case setting.
  • 08:21But for this purpose, as we're talking
  • 08:23about the words I'm about to define,
  • 08:25I'm talking about things that
  • 08:27happen based on someone's sex,
  • 08:29sexual orientation, gender identity,
  • 08:31national or ethnic origin, color,
  • 08:34disability, veteran status,
  • 08:36religious religion, age, race.
  • 08:39These are the major categories that
  • 08:41work in state and federal law and that
  • 08:43are protected under our Yale policies.
  • 08:46When I say the word discrimination,
  • 08:47that's about adverse treatment based on
  • 08:49one of those protected characteristics.
  • 08:52Typically when we think about discrimination,
  • 08:54we think about something bad happening,
  • 08:56some not being hired,
  • 08:58somebody being fired,
  • 08:59somebody not getting certain assignments,
  • 09:01things of that nature.
  • 09:04Harassment I would say it's what we
  • 09:06see more commonly as a claim made
  • 09:08in the higher education setting.
  • 09:10Harassment is where you've got consistent,
  • 09:13severe,
  • 09:14persistent conduct that is based
  • 09:16on a protected classification that
  • 09:18has the impact of creating and
  • 09:21intimidating or hostile environment.
  • 09:23The standard here is pretty high
  • 09:25under the lawn under our policy,
  • 09:26but we're we're really talking about
  • 09:28is offensive, unwelcome conduct.
  • 09:31Typically a one time incident is not
  • 09:33going to rise to level harassment,
  • 09:35although if it's sufficiently severe it can.
  • 09:38And so each case is really a
  • 09:40nuanced case by case analysis.
  • 09:42But the key here is you don't
  • 09:44want to be in a situation where
  • 09:46investigators report to me
  • 09:47through their various offices are
  • 09:49determining well, did this reach the
  • 09:51threshold of severe and pervasive.
  • 09:53You want to shut down
  • 09:54conduct that's inappropriate from
  • 09:56the start so you never get into the
  • 09:58situation where an analysis is being done
  • 10:01about whether it violated our policy.
  • 10:04Our policy also prohibits retaliation
  • 10:06for anyone who files a complaint or
  • 10:08participates in an investigation,
  • 10:10or raises a concern about
  • 10:11discrimination and harassment.
  • 10:13The research on this is also really clear.
  • 10:16Retaliation and fears of retaliation serve
  • 10:18as the greatest single barrier to folks
  • 10:21raising complaints and making concerns.
  • 10:24Now, both at this institution and my prior
  • 10:27institution and in private practice,
  • 10:30many people come forward after they leave.
  • 10:32I didn't feel safe until I was
  • 10:35not there anymore.
  • 10:37And we take those claims seriously,
  • 10:38but there's often very little we
  • 10:40can do to help that person once
  • 10:42that we're learning after the fact.
  • 10:44It's interesting, I was not here,
  • 10:46I was at UConn.
  • 10:47But the week of the Kavanaugh
  • 10:50Supreme Court hearings,
  • 10:51those those particularly during
  • 10:53two days of testimony,
  • 10:55were the highest number of case
  • 10:57reports I've ever seen in my career.
  • 10:59Come in over 48 hours with so
  • 11:02many people say,
  • 11:03I feel like I need to tell my story.
  • 11:06I've heard that was pretty common
  • 11:07in offices and higher education.
  • 11:09I
  • 11:09think there are a lot of stories
  • 11:11out there, and our hope is
  • 11:12to create an environment where folks feel
  • 11:15safe to come forward while they're here,
  • 11:18to get help while they're here,
  • 11:20and most of all, to create environments
  • 11:21where there's nothing to report.
  • 11:24So although it can be difficult when
  • 11:26somebody in your orbit raises concerns
  • 11:28of discrimination or harassment,
  • 11:30it's important to keep in mind
  • 11:31that you do want to do nothing.
  • 11:33That would be seen as discouraging
  • 11:35that and encourage people to go to
  • 11:37resources and get support that they need.
  • 11:41So zeroing in a little more
  • 11:42specifically on the Title 9 portion
  • 11:44of my role of sexual misconduct, our
  • 11:46sexual misconduct policy incorporates a range
  • 11:49of behaviors as they're listed on the screen.
  • 11:51I want to raise a couple
  • 11:53nuances for you particularly.
  • 11:55One is that in my career,
  • 11:56certainly I did not come out of
  • 11:59being a doctor or school medicine.
  • 12:00I come out of legal practice.
  • 12:02I have worked very closely on a number
  • 12:04of cases in the clinical setting
  • 12:06where physicians themselves
  • 12:08were on the receiving end
  • 12:10of discrimination and harassment by patients,
  • 12:13physicians, students,
  • 12:14residents and others in the clinical setting.
  • 12:18The research tells us that women and women
  • 12:20of color are especially vulnerable to this.
  • 12:23You have certain rights in
  • 12:25that context as well.
  • 12:26This is really nuanced and deserves
  • 12:28its own multi hour discussion because
  • 12:30there's a lot of components to this.
  • 12:32But what I would say is if
  • 12:34there is inappropriate behavior
  • 12:36happening in the clinical setting
  • 12:38that is happening from patients,
  • 12:39that is certainly something that
  • 12:41should be discussed as a team
  • 12:43escalated so that a plan can be
  • 12:44put in place to address that.
  • 12:46I think where schools have gotten into hot
  • 12:48water under 1009 in particular
  • 12:50is where students or learners
  • 12:53have been subjected to inappropriate
  • 12:55behavior and then found their
  • 12:57learning cut off so they don't
  • 12:58get to see certain types of cases
  • 13:00or somebody says there's nothing
  • 13:01we can do to address that.
  • 13:03The key in all of this is
  • 13:04working to address it.
  • 13:06The individual solution is
  • 13:07very context specific
  • 13:08based on what's happening.
  • 13:10It's no longer conversation,
  • 13:12but I do want to flag it.
  • 13:15And so the other piece that I want to flag
  • 13:19is the vulnerability of patients themselves.
  • 13:22Certainly this is also worthy of
  • 13:24multiple hours of separate conversation,
  • 13:26but we've all seen the
  • 13:27headlines in major cases.
  • 13:28Larry Nasser certainly stands
  • 13:30out and the needs of all of us to
  • 13:33make sure that we are doing our
  • 13:35part to speak up when something's
  • 13:36happening in the patient setting.
  • 13:37We also offer a lot of pathways for
  • 13:41patients themselves to do that.
  • 13:42And there are a group of colleagues,
  • 13:43my office included,
  • 13:44that meet on these issues or any complaints
  • 13:46that come from patients regularly.
  • 13:48There's a web of complex statutes
  • 13:51that fall into this area.
  • 13:53What I would say is that one thing
  • 13:56that's really interesting to me
  • 13:57about the NASA case. I have followed
  • 14:01all the details of this in some in
  • 14:02some detail for years. There was
  • 14:04a Dean in that case,
  • 14:06his name was William Strampel.
  • 14:08He was Larry NASA's boss,
  • 14:10and he himself was found guilty by a jury
  • 14:14of engaging in inappropriate conduct,
  • 14:17including groping medical students,
  • 14:20asking female medical students
  • 14:22how many of them might be virgins
  • 14:25and other types of conduct.
  • 14:27His defense at trial
  • 14:28argued this is locker room talk.
  • 14:32This is not criminal.
  • 14:33This is fine. Jury did not buy it.
  • 14:36Medical license was surrendered when
  • 14:37he served eight months in prison.
  • 14:39I think that we really see the tide turning.
  • 14:42That's obviously a dramatic example.
  • 14:44But again,
  • 14:45for those who do the work that I do,
  • 14:47it's not shocking to see that
  • 14:49not only Doctor Nasser,
  • 14:50the leadership above him was engaging
  • 14:53in this type of behavior that
  • 14:55speaks to a climate and a culture.
  • 14:58And so when we think
  • 14:59about ferreting that out,
  • 15:00we have to think about how can we
  • 15:02interrupt that when we see it happening.
  • 15:04We interrupted at the lowest level.
  • 15:06Inappropriate jokes,
  • 15:07inappropriate comments,
  • 15:08those types of bystander intervention
  • 15:11or leadership intervention are among
  • 15:13some of the most successful at signaling
  • 15:16to folks this doesn't happen here.
  • 15:18We don't allow that idea.
  • 15:20We actually have a 0 tolerance policy.
  • 15:24OK. So I want to talk a bit about consent.
  • 15:27There's a few layers to this.
  • 15:29So we often think about consent.
  • 15:31For those of you who may have college
  • 15:32students or high school students,
  • 15:34you think about Okay, affirmative consent.
  • 15:36You're teaching that to students, right?
  • 15:37Yes.
  • 15:37It's important that you be aware of how
  • 15:40you'll find consent as affirmative consent,
  • 15:43which is not just the absence of the no,
  • 15:45it's the presence of a yes.
  • 15:48However,
  • 15:49it's also important for you to know
  • 15:51that if you engage in sexual romantic
  • 15:53contact in the workplace with a colleague,
  • 15:56the affirmative consent
  • 15:57standards apply to you as well.
  • 15:59So it's important for you
  • 16:00to be aware of that.
  • 16:01If there's workplace conduct
  • 16:03happening and somebody files a
  • 16:04complaint that it was non consensual,
  • 16:06particularly if there's any power dynamic,
  • 16:09affirmative consent will be one
  • 16:11of the rubrics under which that
  • 16:13interaction will be based on.
  • 16:14It's also important for you to know
  • 16:16that Yale has certain policies related
  • 16:19to teacher student relationships,
  • 16:20so I'm going to read to you
  • 16:23the language directly.
  • 16:24You can find all of this on the
  • 16:25Title 9 website, but here's what
  • 16:27it says in relevant part.
  • 16:29Teachers must avoid sexual or romantic
  • 16:32relationships with students over
  • 16:34whom they have or might reasonably
  • 16:37expect to have direct pedagogical
  • 16:40or supervisory relationships,
  • 16:42regardless of whether the
  • 16:45engagement with consensual.
  • 16:47So there's a prohibition where you're
  • 16:49in a position of authority over students
  • 16:52from romantic or sexual relationships.
  • 16:55In addition to that,
  • 16:56let's say that power dynamics not apply.
  • 16:57It's important to keep the consensual
  • 17:00that for with consent standards or not.
  • 17:05OK, there's an online
  • 17:06training module of this.
  • 17:08It kind of looks like this.
  • 17:09For those of you taking it,
  • 17:10it's the watercolor drawings that show up.
  • 17:11It's about 20 minutes,
  • 17:14so we're going to ask you to complete that.
  • 17:15You haven't already.
  • 17:16There's also a 2 hour state mandated
  • 17:19sexual harassment prevention training.
  • 17:21I don't know if any of
  • 17:22you have taken that yet.
  • 17:23It's kind of the two lawyers
  • 17:24and a lot of scenarios that I
  • 17:27am advancing a lot of screens.
  • 17:29So I definitely encourage you to make
  • 17:31sure to get those trainings done or
  • 17:34you'll get a lot of kind of pestering emails.
  • 17:37All right?
  • 17:38So response and support resources.
  • 17:40One of the most important things
  • 17:41I would say if you take nothing
  • 17:43else away from today outside of
  • 17:44my coffee and food suggestions,
  • 17:46take take this away and make sure that
  • 17:48you know where you can go for support.
  • 17:51So there's a couple of localized resources.
  • 17:53I'll be talking about showing you the
  • 17:56pictures of who at the School of Medicine
  • 17:58and then university wide resources.
  • 17:59So the Office of Institutional Equity
  • 18:02and Accessibility and the Title 9 office.
  • 18:04I received both of those.
  • 18:05We work very closely together.
  • 18:07We share physical space.
  • 18:09Those are the centralized offices.
  • 18:11Sometimes people say I don't
  • 18:12want to go to the local resource,
  • 18:14I'd rather go right to the central resource.
  • 18:17This feels so tender.
  • 18:18Or maybe the people of the localized
  • 18:20resource you think they have relationships
  • 18:23with the folks are concerned about.
  • 18:25Or any other brave reasons.
  • 18:27You can always come straight to us,
  • 18:31but you also have localized resources,
  • 18:32so discrimination and harassment
  • 18:35resource coordinators,
  • 18:36one of them will look familiar to Darren.
  • 18:38There's also John Francis,
  • 18:40Karina Gonzalez,
  • 18:40and Marietta Vasquez.
  • 18:42They work to both prevent discrimination
  • 18:45or harassment and also respond
  • 18:48supportively to incidents that occur.
  • 18:50They're a great first stop
  • 18:51if you have concerns based on
  • 18:54discrimination or harassment,
  • 18:55implicit bias, things of that nature,
  • 18:58or if you're working with a
  • 19:00student or a colleague who does,
  • 19:02they're a good first stop to think about
  • 19:04how might you want to approach this problem.
  • 19:07Meeting with them does not automatically
  • 19:09launch some big investigation.
  • 19:11You're generally very serious allegations.
  • 19:14Going to retain the control to decide
  • 19:16what happens with your concern.
  • 19:18Deputy Title 9 coordinators,
  • 19:20you'll see Darren again.
  • 19:21He has both roles, which is really helpful.
  • 19:24And then you have three others in
  • 19:26the school as well, Cindy Cristo,
  • 19:27Rosemary Fisher, and Megan King.
  • 19:30And these folks specifically have
  • 19:32training around sex and gender
  • 19:34based harassment,
  • 19:35including sexual harassment,
  • 19:36pregnancy and parenting,
  • 19:38which falls under title 9 and other
  • 19:40types of supports related to sex and gender.
  • 19:45And you may want to contact them
  • 19:46to report a specific concern.
  • 19:48Just have a supportive conversation.
  • 19:50Sometimes people access the local
  • 19:52resources to say somebody made a
  • 19:54really off coloring market meeting.
  • 19:56I don't want to make a huge case about it,
  • 19:58but how do you suggest I deal with it?
  • 20:00That's a great reason to go to that.
  • 20:02We don't want you to ever feel like
  • 20:04you or colleagues or students have to
  • 20:06sort of sit with something by yourself.
  • 20:08And then we can also provide supportive
  • 20:11measures including academic employment,
  • 20:13housing or workplace modifications,
  • 20:15depending on these facts.
  • 20:20So here's some real life concerns that
  • 20:23have been brought to discrimination,
  • 20:25harassment, and Title 9 coordinators
  • 20:27over the past couple of years.
  • 20:30It gives you a sense of the types of pieces
  • 20:32that we see and the types of concerns
  • 20:34that you might want to bring forward.
  • 20:36This is a small sampling
  • 20:39the the range is wide.
  • 20:40This is not the only types of
  • 20:41concerns you can bring forward,
  • 20:43but I'll just give you
  • 20:44a minute with this list.
  • 20:54And as I think about a couple of
  • 20:57specific cases that this refers to
  • 20:59when when offices like ours and the
  • 21:01coordinators were involved early,
  • 21:03some of these we were able to produce
  • 21:06solutions or supports to very quickly.
  • 21:08So when we think about something
  • 21:09like graffiti on a building,
  • 21:11we can work with the Police Department to
  • 21:13very quickly get that both taken away,
  • 21:16but also investigated the
  • 21:17case on PPO in particular,
  • 21:19they were able to find folks who did it,
  • 21:21luckily not members of our community,
  • 21:23members of the local high school
  • 21:26community and manage it in that way.
  • 21:27So I would encourage you to bring
  • 21:30forward concerns so that we can
  • 21:32address them and you can do that.
  • 21:33You can reach out to a discrimination
  • 21:36approximate resource coordinator,
  • 21:37Shortland DHRC here or Channel 9 coordinator
  • 21:39or as I mentioned the central offices.
  • 21:43I also want to mention your Channel
  • 21:469 reporting responsibilities.
  • 21:47So we talked about you have rights,
  • 21:49you also have responsibilities.
  • 21:50So if you are in the position of receiving
  • 21:55a disclosure from a student in particular,
  • 21:59but from anyone regarding sexual misconduct,
  • 22:03given your roles,
  • 22:04we would have a reporting obligation to
  • 22:07either your deputy Title 9 coordinators
  • 22:09or to the central Title 9 office.
  • 22:12Are any of you coming from prior
  • 22:14institutions where you remember
  • 22:15having this kind of obligation?
  • 22:17So this isn't new to everyone.
  • 22:20And so the way I suggest managing
  • 22:23this is if you are in the position
  • 22:25where somebody comes forward to you,
  • 22:26first of all,
  • 22:27that's a really important moment for that.
  • 22:29The research shows us that the first
  • 22:32person that someone tells they're
  • 22:34experiencing harassment or misconduct,
  • 22:35their reaction will have a long
  • 22:39line impact on how they feel about
  • 22:41it and what they do next.
  • 22:43So if the reaction is supportive,
  • 22:46that can go a long way and somebody
  • 22:48feeling like they can take
  • 22:49agency to manage the situation.
  • 22:50If the reaction is blaming or minimizing,
  • 22:54they may never tell anyone.
  • 22:56It's really interesting stuff.
  • 22:57We really harp on this with the
  • 23:00undergraduates because it's particular
  • 23:01particularly potent in their age range.
  • 23:04Talk to them about how to be
  • 23:06a good receiver of concerns,
  • 23:08but it's also relevant with you.
  • 23:11So if you are on the receiving
  • 23:12end of the disclosure,
  • 23:13first know that somebody is
  • 23:14really trusting me with that.
  • 23:16And it's a really important moment.
  • 23:17And somebody who has received,
  • 23:19given the nature of my job,
  • 23:20dozens and dozens of these disclosures,
  • 23:22which one is a really important moment.
  • 23:25And you do want to be able to
  • 23:27channel postal resources even to say,
  • 23:30look, this is something,
  • 23:31there's an office that I can call for
  • 23:33help or deputy Title 9 coordinator
  • 23:35who can support and talk through
  • 23:37what to do with this matter.
  • 23:39We're not asking each of you
  • 23:41to be experts in Title 9.
  • 23:43That would be an unfair expectation.
  • 23:45We are asking you to channel it
  • 23:46to the Title 9 experts so that
  • 23:47we can provide a range of
  • 23:49resources and support
  • 23:50that someone might need.
  • 23:54And then what happens after
  • 23:55a lot of people say, well,
  • 23:56what happens after I make that call
  • 23:58if I if I let a deputy Channel 9
  • 24:00coordinator know or the Channel 9 office.
  • 24:02So we typically ask for an
  • 24:07initial discussion, say, hey,
  • 24:08we heard there might be a concern,
  • 24:10we like to provide support and we
  • 24:12can have a meeting to say what
  • 24:14sort of resources do you need?
  • 24:15Are you safe when an intimate
  • 24:18partner violence situation,
  • 24:19someone might need assistance
  • 24:20with safety planning or housing?
  • 24:22These are definitely situations
  • 24:23you want to bring forward rapidly.
  • 24:26There can be a link between intimate
  • 24:28partner violence and workplace violence.
  • 24:30Sure, you have seen that in the headlines.
  • 24:32That hurt all of us when there
  • 24:34are workplace violence incidents.
  • 24:35That is one of the reasons you need
  • 24:37to make sure to get those to us as
  • 24:39soon as they are disposed to you.
  • 24:41We protect privacy and share information
  • 24:43only on a need to know basis.
  • 24:45So if you do report something out,
  • 24:47it may be that you don't receive a
  • 24:49whole lot back other than confirmation.
  • 24:51That's intentional to protect the
  • 24:53privacy rights that people involved.
  • 24:55This is another area folks at Yale
  • 24:59School Medicine like to use Reply All a
  • 25:01lot or a lot of people on the copy line.
  • 25:03This is an area not to do that.
  • 25:05You want to keep this pretty
  • 25:07discreet and private.
  • 25:08We can have a discussion when you
  • 25:10call about who needs to know.
  • 25:12You may have reasons that you feel
  • 25:13like other folks need to know.
  • 25:14We can talk about further than you.
  • 25:18And importantly, reporting your concern,
  • 25:20I just cannot emphasize this enough is
  • 25:22not automatically launch an investigation.
  • 25:24That's often a fear of folks
  • 25:25who are disclosing a concern.
  • 25:27It It is the very rare case where the
  • 25:30institution on its own initiative,
  • 25:32would move forward with an investigation
  • 25:34in virtually all incidents,
  • 25:37with some exceptions,
  • 25:39And the exceptions would be where
  • 25:40there's a concern about the safety of others.
  • 25:43But in most incidences,
  • 25:45the person on the receiving end of
  • 25:47the behavior that is of concern
  • 25:48is going to have a lot of agency
  • 25:50over what happens next
  • 25:53and then resolution options.
  • 25:55So we are able to do formal investigations
  • 25:58and that includes our university wide
  • 26:00committee on section was conduct
  • 26:02our office of Institutional Equity.
  • 26:04We are also able to offer
  • 26:05informal resolutions.
  • 26:06Sometimes folks just want a discussion,
  • 26:08mediation, A facilitated dialogue.
  • 26:10We do have the capacity to offer that and
  • 26:14to support that And so that's something we
  • 26:17explore the folks who come for as well.
  • 26:19And then I do want to mention share,
  • 26:21our share center is our confidential
  • 26:23resource around any types of tax or
  • 26:25gender based conduct, sexual harassment,
  • 26:28partner violence, stalking.
  • 26:30And these folks are available,
  • 26:32they are extraordinary and they are
  • 26:35available to you staff, students,
  • 26:38faculty and we highly recommend
  • 26:40them as a place to send somebody in
  • 26:43addition to make their report to us if
  • 26:46they have a concern of these issues.
  • 26:49There is some 24/7 or extremely sensitive.
  • 26:59OK. And then of course the Police Department,
  • 27:02I've often heard our chief,
  • 27:03Anthony Campbell say if you
  • 27:04think you need to call police,
  • 27:06you need to call police.
  • 27:07So when in doubt,
  • 27:08if you feel like there's a safety issue,
  • 27:10that is always a call to make their right.
  • 27:13On the issues that I deal with,
  • 27:15they have a team of
  • 27:16specially trained officers,
  • 27:17especially related to sexual violence,
  • 27:21and we have a listing app with nobody's
  • 27:23talked to you about it yet that can be
  • 27:25helpful to download various warnings and
  • 27:27other resources and links to resources.
  • 27:29We, I think in the undergrad orientation,
  • 27:32we sit around and watch them
  • 27:33and make them download this.
  • 27:34I'm not going to do that,
  • 27:35but I think this is a useful app to have.
  • 27:39I'm going to end with a discussion
  • 27:41about accessibility and accommodations,
  • 27:43including briefly,
  • 27:44I'm going to talk about religious
  • 27:47accommodations.
  • 27:47OK, so we have confidence to ensure
  • 27:50accessibility here at Yale and to ensure
  • 27:53equal access and full participation
  • 27:55for all members of our community.
  • 27:58We have a website that details a lot
  • 28:00of this accessibility dot Yale dot Edu,
  • 28:03the important takeaways for today
  • 28:06student accessibility services.
  • 28:07So for those of you who are
  • 28:09working with students,
  • 28:10we have an office that facilitates
  • 28:12accommodations in the medical school setting.
  • 28:14Shami is wonderful.
  • 28:15He is the key point of contact in our
  • 28:18student accessibility services office.
  • 28:20And so if you were not the receiving
  • 28:22end of like a letter saying that
  • 28:25your student has an accommodation
  • 28:27and you have concerns or questions,
  • 28:29just reach on out to SAS and they're
  • 28:31happy to talk that through with you.
  • 28:33About 25% of the students in the School
  • 28:36of Medicine are registered with SIS.
  • 28:39Many of those are solely related to
  • 28:41exam accommodations, but not all.
  • 28:42And we can be helpful and supportive.
  • 28:45There are some places in the
  • 28:46school where the physical plant,
  • 28:47they're making huge improvements,
  • 28:49but there are some places where
  • 28:51the physical plant is more or
  • 28:52less able to be navigated,
  • 28:55particularly for those with
  • 28:57mobility restrictions.
  • 28:58So we can help with that as well.
  • 29:01I do want to mention too,
  • 29:02I don't have a slide on it,
  • 29:03but if you develop or have a
  • 29:06disability that requires accommodation
  • 29:07or if a professional staff or
  • 29:10faculty member you work with,
  • 29:11the office that manages those
  • 29:13is the office of institutional
  • 29:15equity and Accessibility.
  • 29:16And so if you need an accommodation
  • 29:18related to a disability or if
  • 29:20you develop a disability that
  • 29:22requires accommodation,
  • 29:22we will support that
  • 29:24interactive process for you.
  • 29:25Staff go through HR
  • 29:29and then I do want to know
  • 29:31religious accommodation, so we have
  • 29:33religious accommodation guidelines.
  • 29:34And if you have students who
  • 29:36are unable to attend classes
  • 29:37because of their religious belief,
  • 29:39you we ask them to discuss
  • 29:41the with their instructor.
  • 29:43This may happen in the last setting,
  • 29:44it may happen in a class setting,
  • 29:46it may happen in a practical setting.
  • 29:48We ask them to give a lot of notice,
  • 29:50but if you need any guidance for support,
  • 29:52you can contact us.
  • 29:54Similarly as faculty and also staff,
  • 29:57there are religious accommodation
  • 29:59protections as well.
  • 30:01So if you need an accommodation for
  • 30:03a holiday that's not recognized
  • 30:05by the institution or otherwise,
  • 30:07you are encouraged to discuss
  • 30:08that with your manager and you
  • 30:10can also work with L i.e.
  • 30:11A to support that request further.
  • 30:15So in summary, I want to thank
  • 30:17you all and welcome you here.
  • 30:19I know that was a lot of information.
  • 30:22Hopefully you feel armed to
  • 30:23know a little bit more where
  • 30:25to look if something comes up.