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Thursday 23 June 2016

Fordham University's Horny Professor made students simulate sex in classroom

A Fordham University theater professor is a sex-obsessed “Wild Man” who came on​ ​to female colleagues and students alike​ ​— boasting he’d slept with “hundreds of women” — and once bizarrely claimed he had “masturbated with a snake,” a bombshell new lawsuit claims.



Randy theater director Matthew Maguire made sure all his colleagues knew he was in an open marriage and consistently devoted “the first 20 minutes” of each faculty meeting to a “monologue” about sex, according to the papers filed by his former ​underling Kris Stone.
Maguire, 63, even went so far as to produce and star in an autobiographical play he called “Wild Man,” all about his sexual escapades, and then required members of the ​department​ to attend.
Maguire also forced “attractive female students” and faculty advise​r​s​ ​ ​to go on dates with him, the suit alleges.
The accused horn​dog even announced that once his daughters entered college, he would “no longer have sex with students,” the suit says.
Stone, 44, says in the court papers that students came crying to her, saying they were “afraid of him.”
Maguire required “some students in his acting classes to perform in class acts of rape, masturbation and molestation. Mr. Maguire even directed students to perform acts of simulated anal sex
on stage,” the papers accuse.
Fed up with Maguire’s antics, Stone reported him to department chair Elizabeth Margid but nothing happened, the suit says.
Stone was not invited back to teach at Fordham the following year, despite an exemplary record during her three years as an assistant professor in the department, she claims.
She’s suing Fordham and Maguire for unspecified damages, claiming sex discrimination and sexual harassment.
A Fordham spokesman said the allegations “were found to be without merit.”
“Ms. Stone made these deliberately provocative allegations only after she was denied reappointment,” the spokesman added. “The university hired an independent investigator who concluded there was no merit to the allegations. Ms. Stone appealed and the university conducted a second investigation.”
Maguire did not return a call seeking comment.

Sexual harassment training may have reverse effect 2016

Trainings’ use of ‘cartoonish, unrealistic’ examples could be partially to blame for men’s subsequent dismissal of allegations, says Berkeley professor


Sexual harassment courses aimed at preventing workplace discrimination can have the opposite effect, making men less capable of perceiving inappropriate behavior and more likely to blame victims, according to academic studies that cast doubt on traditional training programs.
One researcher who has questioned the effectiveness of harassment prevention classes is Lauren Edelman, a professor of law and sociology at the University of California Berkeley, the prestigious school that has been at the center of a series of high-profile faculty misconduct scandals in recent months.
“Sexual harassment training may, in fact, make it less likely that males will recognize situations that are harassing,” said Edelman, a faculty member in the renowned UC Berkeley law school, where Sujit Choudhry resigned as dean after he was found to have sexually harassed his executive assistant. “Sexual harassment training may provoke backlash in males.”
Studies testing the effects of harassment training are very limited, but some research has suggested counterintuitive and troubling consequences – that after men complete trainings, they may be more inclined to brush aside allegations and discount victims.
Some researchers believe trainings have no positive effects, tend to be more about legal cover than meaningful prevention or may even have unintended negative consequences – raising serious concerns about the way colleges and companies heavily focus on training as a solution to harassment.
One Journal of Applied Behavioral Science study that evaluated a sexual harassment program for university employees found that men who participated in the training were “significantly less likely” to consider coercive behaviors toward a subordinate or student as sexual harassment compared with a control group of men who hadn’t done the training.
Men who completed the 30-minute training – during which officials discussed actions that constitute harassment, the harms of harassment, the importance of reporting and possible discipline – were also significantly less likely to report harassment.
The men’s surprising responses may have been an “effort at self-preservation intended to defend and protect against a perceived attack on them”, the authors wrote.
In other words, the training appears to make some men feel threatened and afraid that they will be subject to false accusations, said Shereen Bingham, co-author of the study and professor at the University of Nebraska at Omaha school of communication. As a result, they may respond in a defensive manner.
“We were surprised … it certainly appears to be irrational,” said Bingham. “The only explanation can be psychological or emotional.”
The findings highlight a broader challenge – that men in leadership roles sometimes struggle to relate to the experiences of those who have faced harassment, she said: “People in powerful positions don’t have a good grasp of what it’s like to be in a non-dominant group.”
Other studies have shown that when workplaces actively inform men of sexual harassment policies, it can also have unintended negative effects. A study published in the Social Psychology Quarterly found that after men learned about harassment rules, it triggered implicit gender biases, effectively making it more likely for them to stereotype women.
“The purpose of sexual harassment policy is to make men and women more equal in the workplace,” said Justine Tinkler, assistant professor of sociology at the University of Georgia and co-author of the study. “If the policies are sort of activating gender stereotypes rather than challenging them, they may not be promoting that broader goal.”
Tinkler has also studied how sexual harassment trainings can provoke backlash and how people who say they support harassment laws are resistant to the enforcement of those policies. Training's can also reinforce men’s feelings that women are “emotional and duplicitous in the way that they both want sexual attention, but don’t want sexual harassment”, she explained.
Edelman, the UC Berkeley professor, said she suspects the backlash could stem from the “cartoonist, somewhat unrealistic” harassment examples that trainings often include – lessons that can make participants skeptical and resentful.
Edelman’s own research has focused on what’s known as “symbolic compliance”, which refers to the way organizations’ anti-harassment and diversity policies and procedures are primarily focused on demonstrating compliance in a legal context – and likely do little to actually reduce discrimination or harassment.
What’s clear is that there’s minimal research suggesting that standard harassment trainings have a positive impact and an overall dearth of studies on the subject, Edelman said.
“We really need more research on what works. All we really know about sexual harassment training is that it protects employers from liability. We don’t know whether it protects employees. We don’t know whether it reduces sexual harassment.”
In California, employers with 50 or more employees are required by law to provide at least two hours of harassment prevention training, and in the University of California, all faculty and supervisors must complete a training every two years.
Despite those training policies, UC Berkeley administrators and professors have repeatedly harassed subordinates and students and faced light punishments after the university substantiated allegations. That includes a famous astronomer, a tenure-track professor and the law dean, who was ordered to take a training course after he was found guilty.
The questionable research makes clear that universities should not only study the effectiveness of training, but should also prioritize other mechanisms to promote prevention, professors said.
“The university should focus more on having a much clearer zero-tolerance policy with very clear sanctions that are very consistently carried out,” said Edelman.
Tinkler said the best way to combat workplace sexual harassment is to reduce gender inequality and promote women in leadership positions.
“It really requires changing workplaces that have gender inequality structured into the way that they are organized,” she said.

Sunday 12 June 2016

Sexual Harassment Case Study

Sexual harassment case studies

Warning: These are real life examples and contain language and content which may offend.

Effects of sustained sexual harassment at work


A female traffic control worker, who was sexually harassed by a male co-worker, made a complaint against the worker as well the private company that employed them and the company that contracted the employer. During the pre-trail proceedings, the claims against both companies were settled. As a preliminary issue, the tribunal decided that the settlements with the companies released them from liability, but the release did not extend to the individual co-worker.
For five months the woman was subjected to personal comments, questions, noises, and gestures — all of a sexual nature — on a daily basis and throughout each shift. When the male co-worker inadvertently saw a picture of the woman's breasts on her phone, for the rest of the day he made comments and sucking noises and rubbed the stop/slow stick on his groin area while sticking out his tongue. The woman tried to work the next day but couldn't cope, and she resigned that night. She experienced an emotional breakdown which became a Major Depressive Disorder.
The tribunal found that the sexual harassment was a substantial cause of the woman's condition, the effects of which would continue over a period of three years, including an inability to work. The tribunal awarded compensation of $40,000 for non-financial damages, and $102,217 overall. The settlement amounts paid by the two companies and any lump sum payment for permanent impairment by WorkCover would be deducted from the total award.
In the reasons for the decision, the tribunal discussed the coping mechanisms and decisions of women subjected to unwanted sexual comments in male-dominated workplaces. While the ideal course would be for the woman to make it clear that the comments are unwanted, and then if they continue, to complain to management, the tribunal recognised that this is not always practical, especially if the employer is unlikely to be supportive, and if making unsubstantiated allegations is regarded as a disciplinary matter. In this case, the woman's way of dealing with it was to go along with the banter to some extent, and hide her true feelings in the belief she could cope with the harassment. She was committed to her job and did not want to jeopardise it by reporting the sexual harassment. In the end, the woman could not cope and this resulted in greater damage to her.
Nunan v Aaction Traffic Services Pty Ltd [2013] QCAT 565.


Employer responsibility to provide harassment free workplace

A complaint of sexual harassment by a part-time worker in a hardware business was upheld when the Tribunal found that the employer had failed to take sufficient action in relation to the employee's report of inappropriate behaviour.
The alleged sexual harassment included kissing, touching her breasts and leg, persistent requests to have a drink outside work hours despite an ongoing refusal, asking for cuddles, telephoning her at home and making repeated unsolicited sexual remarks.
The complainant reported the sexual harassment to her supervisor but initially asked to be allowed to handle it herself. The supervisor granted her request and did not take any action until the formal complaint was made.
The Tribunal found that, even in these circumstances, the employer was vicariously liable for the acts of its employees. It found the employer has an overriding responsibility to provide a workplace free from harassment, and that the wishes of complainants are secondary to this responsibility. Allegations of sexual harassment against another employee and claims of victimisation were dismissed. The complainant was awarded damages of $24 425 which included general damages and economic loss.
KW v BG Limited, DP & DF [2009] QADT 7 (21 April 2009)

Sexual harassment in work

A woman alleged a manager sexually harassed her when working for a club over a period of several years. The allegations included touching her breasts, leering and that comments of a sexual nature were made about her body. She stated she had complained to management several times and that the complaints were ignored. She also alleged that as a woman she had been denied promotions offered to less experienced males at the club. As a result, she resigned.
The manager and the employer denied the allegations, stating her attitude at work had deteriorated during her employment. The matter was resolved by conciliation with the employer and the manager paying $15,000 to the complainant. The respondents also provided written apologies for any offence the complainant may have experienced.


Sexual harassment case not made out

Background:

Ms Shepherd was a 23 year old woman employed by Mr Tuck, who owned and managed a marine survey business. After two months, Ms Shepherd's employment was terminated on the basis, she alleged, that she would not engage in a personal relationship with him.
She based her complaint on a series of incidents alleged to be sexual harassment. These included: statements of a sexual nature to and about her:  blonde  jokes (apparently inferring that she was not intelligent), taking a photograph of another woman's legs and suggesting it be stuck on Ms Shepherd's office desk, gifts and a suggestion of shared accommodation while travelling in order to minimise costs.
Mr Tuck admitted he was attracted to Ms Shepherd, but said it was she who made advances to him and that she proposed a relationship. He countered the allegations with other claims. These included Ms Shepherd introducing herself by kissing him on the neck, not voicing any objection to shared accommodation, referring to herself as a slut, and dressing scantily in his presence.
Mr Tuck argued that Ms Shepherd's employment was terminated because of her inappropriate conduct while representing the company, her lack of capacity to do the tasks, and inadequate workplace performance. Examples included giving out company business cards to males in whom she was interested, making a serious error in a ship's manual and instead of correcting it as asked, going to  have a drink  with the ship's cook, refusing to do field work, putting personal matters before business appointments, and driving the company car after drinking alcohol. On the issue of jokes, Mr Tuck said Ms Shepherd joined in the general joke-telling and humour of the office.

Outcome:

Member Pagani found that neither party was  deliberately untruthful  , and agreed in general on the facts. She found the main divergence was that Mr Tuck indicated he never intended offence, and Ms Shepherd said she was offended.
In terms of Mr Tuck's desire to have a relationship with Ms Shepherd, it was found  that no reasonable person in her circumstances would have been offended by the proposal, had it been made by the first respondent as alleged. 
In summing up, the Member said  Ms Shepherd and Mr Tuck had shared a very casual, and personal, working relationship. The working environment was  rough and tumble  , but the complainant was an equal participant in it  . The Member found that Ms Shepherd failed to prove her case to the required standard.
Shepherd v Tuck and Tuki Marine Surveys Pty Ltd [2002] QADT 10 (19 April 2002).

Sexual harassment

A man alleged sexual harassment against a male supervisor and his employer, a government authority. It was also alleged that in the course of attempting to resolve the complaint the complainant experienced difficulties accessing the grievance mechanisms within the organisation.
At a conciliation conference, the allegations were discussed and misunderstandings were identified resulting in the complainant withdrawing his complaint against his supervisor.
The complainant was able to detail his experience to the respondents and an agreement was reached which included the employer reviewing the grievance and investigation procedures to include quick reference summaries and flow charts to assist access and implementation of the mechanisms. It was also agreed by the employer to increase training and awareness of appropriate work place behaviour including detailed anti-discrimination and sexual harassment grievance mechanisms.
There was no financial settlement sought.


Sexual Harassment

A man alleged that he had been sexually harassed at his place of work. He claimed one of his co-workers had exposed his anus to him, had run a piece of timber with splinters up between his legs to his groin and had run his finger down between his buttocks. When he objected, apparently his co-workers began calling him obscene names regularly. The man said he had witnessed many male youths being subjected to the same treatment at the work place, with most of the young men resigning, with one young man having attempted suicide. When he advised his foreman of this behaviour, he was told to ignore the men's actions. He claimed management had witnessed the behaviour but had done nothing to rectify the problem.
At the conference the individual respondents admitted to the behaviour but asserted that the actions had occurred only as a joke in an attempt to lighten the work environment. The senior managers stated that they were unaware of the behaviour occurring as the foremen had not notified them at any time of adverse behaviour occurring. The company did admit that they had difficulties in getting young males to remain employed with them, however, they believed this may have been because "young people didn't want to work."
On hearing the admissions made, the company issued a first and final warning to the individual respondents and gave an undertaking that all staff would be trained in sexual harassment and discrimination matters and that such behaviour would not in the future be tolerated by any staff. The complaint was resolved as the complainant was satisfied with the company's undertaking and the individual men's apologies.


Sexual harassment in education


A woman lodged a complaint with the Commission alleging sexual harassment by her boss who was also her academic mentor. The woman alleged that the sexual harassment occurred over a period of two years. The alleged harasser was in a position of authority over her in that she was his student and he was her boss. She claimed towards the end of the sexual harassment he 'stalked' her by following her and waiting outside her house.
The respondents denied the allegations stating that the relationship was mutual and that there was no sexual harassment.
In conciliation the matter settled for the payment of $60,000 for pain and suffering and the individual respondent provided a written apology. One of the two respondents settled the matter with the payment of $5,000. Both parties were extremely pleased with the resolution of the matter.