Exploring Policies to Prevent "Passing the Harasser" in Higher Education (2023) / Chapter Skim
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The Landscape of Policies and Practices in Higher Education to Prevent Passing the Harasser
Pages 6-13

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From page 6...
... Each institution will assess its own situation differently, depending on prior experiences, risk tolerance, and other motivating influences. Federal and State Levels Compliance with federal and state laws and regulations is a powerful motivating factor for IHEs, as agency complaints and reviews frequently occur, resulting in sanctions for noncompliance that place major sources of funding at risk.
From page 7...
... A failure to disclose such knowledge may result in the former employer facing liability for any future acts of sexual harassment and sexual assault committed by that employee in the new workplace. While this bill passed without the language around preventing passing the harasser, widespread media coverage of the issue of passing the harasser and a trend in privacy legislation favoring disclosure indicates that similar bills may soon emerge across the country.
From page 8...
... • Will your institution condition consideration of a person for employment on the person's consent to waive any NDA, non-disparagement agreement, and, to the extent permitted by law, other limitations to disclosure? Accreditation, Funding, and Association Levels Beyond state and federal legal requirements, accreditation bodies, research funders, and professional associations are also pursuing efforts to address passing the harasser, which may affect or influence an individual academic institution's policies and practices.
From page 9...
... Specifically, if IHEs are worried that federal agencies may revoke funding to projects led by researchers found responsible for sexual harassment, they may be less likely to investigate reports, use interim measures pending investigations, or issue formal findings. The purpose of these agencylevel disclosure policies is not to revoke funding from IHEs that are acting appropriately to replace project staff found responsible for misconduct, but academic star culture is pervasive in academia and may contribute to a fear that replacing an academic star with a less well-known researcher will result in a loss of funding.
From page 10...
... professional societies,13 such as AGU, AAAS, and the Association of American Medical Colleges, which was formed to implement recommendations from the National Academies 2018 report on the Sexual Harassment of Women, support the Association of American University's harassment prevention principles, and effectively address sexual harassment in STEMM. The ETT is a multifaceted tool that can be utilized by any IHE, professional society, or other research organization that wants to streamline requests for disclosures of misconduct findings about potential job candidates.
From page 11...
... First, accountability to an external organization such as an accrediting agency could overcome inconsistencies among institutions in policies for the sharing of information about previous misconduct, placing responsibility on both the current and the potential future employers, and reduce concerns about liability, intra-institutional opposition, and competitiveness in the hiring marketplace. Moreover, the accreditation process encourages IHEs to meet the standards through institutional evaluation and planning and ensures quality through peer review (Fortney & Morris, 2021)
From page 12...
... Furthermore, the legal profession has been reflecting on the issue of sexual harassment and the mandatory arbitration clauses and nondisclosure agreements that play a role in allowing harassment to continue. The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (P.L.
From page 13...
... • What are institutions of similar size and purpose doing in your state or local area to prevent passing the harasser? • What standards are other institutions being held to, to which yours might be compared?


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