Law & Society Association Show
1. LSA Commitment to a Culture Free of Discrimination andHarassment One of the central tenets of law and society scholarship is that policies alone rarely guarantee social change. Therefore, we couple our anti-discrimination and anti-harassment policy with a request that all LSA participants proactively help to establish a culture of respect in which all participants feel welcome and included. Such a culture will not only help to ensure that all participants feel welcome but also provide the best possible environment for intellectual exchange and professional development. Specifically, we request that all participants be aware of situations, actions, or language that may have the effect of making others feel unwelcome or disrespected and, if necessary, take action when such situations, action, or language are observed. We encourage all participants to be reflective about their language and to strive to ensure that their biases, both explicit and implicit, are not contributing to an environment that may be perceived by some as hostile to theirgroup. LSA provides ombuds to assist any conference participant who witnesses or experiences harassment or discrimination. LSA also provides a procedure for filing a complaint. In the sections below, we define discrimination and harassment, we offer suggestions for helping to create a culture free of discrimination and harassment, and we elaborate procedures for contacting an ombuds and for filing a complaint. 2. The LSA Anti-Discrimination and Anti-Harassment Policy 3.
What is Discrimination? 4. What is Harassment? 5. What is Sexual
Harassment? 6. What is the Standard for Evaluating Claims of Discrimination or Harassment? 7. What to Do to Help to Create a Culture Free of Discrimination and Harassment 8.
What to Do if You Experience Discrimination or Harassment at any LSA Event 9. The Role of the Ombuds LSA recommends that the complainant first consult with the ombuds for clarification about the entire range of their options. This consultation is confidential and the details of such a conversation will not be reported to any administrator, officer, or committee of the LSA, except as required by applicable law. At all times, the role of the ombuds is entirely independent of any complaint you may decide to pursue through the following LSA complaint procedure. The ombuds will not keep any written records of complaints or consultations. Ombuds can be reached via email that will be provided and through cell phone numbers provided for each meeting or by asking for assistance from conference personnel. In the event that the ombuds is involved in or has a relationship with any party to the dispute, the ombuds will be recused after contacting another ombuds to address the issue. 10. The Discrimination or Harassment Complaint Procedure The chair of the Complaint Committee will contact the individual whose conduct is at issue in order to hear his or her perspective. The Complaint Committee will also conduct an appropriate investigation, which includes interviewing both parties and any witnesses to the incident identified by either party. The Committee will write a brief report stating its finding and determination, and the factual basis for the decision. The Committee will also allow the respondent and complainant to respond to the report in writing. In reaching conclusions about whether harassment or discrimination has occurred, LSA will not look to U.S. federal case law because much law and society scholarship indicates that federal case law tends to find that only the most egregious of acts constitute harassment and tends to overlook meaningful evidence in assessing discrimination. Instead, the Committee will consider whether the discriminatory or harassing conduct would have negatively affected the experience or experiences at LSA for a reasonable person in the complainant’s position, using a preponderance of the evidence standard. The Committee will then, if appropriate, determine sanctions. When a participant is 5 found to have engaged in discrimination or harassment, the possible sanctions for that person are:
The Chair of the Complaint Committee will notify both parties of the Complaint Committee’s decision. Should either party wish to appeal, the Executive Committee of the LSA and the Chair of the Complaint Committee will hear the appeal. Any party who is involved in the dispute or closely related to a party involved in the dispute would be recused. Decisions of the ad-hoc appeals committee are final. 11. Record keeping The second report will describe each complaint and action taken, with all names included. This report will be held as a confidential record in the LSA’s national office and may be consulted only by members of the LSA Executive Committee and members of the Complaint Committee in the course of their official duties, or as otherwise required by law. 12. Policy Review Is Exaggerated advertising blustering and boasting upon which no reasonable buyer would rely?In most cases it's called “puffery” and it's completely legal. “Puffery” means statements that are either not capable of being proven true or false — for example, “the best car on the road”— or exaggerated advertising, blustering and boasting upon which no reasonable buyer would rely.
What are the three fundamental elements that motivate people to be fair?There are three fundamental elements that motivate people to be fair: equality, reciprocity, and optimization.
Is a specific offense which concerns the practice of offering something to gain an illicit advantage?Bribery is defined as the specific offence that concerns the practice of offering something, usually money, to gain an illicit advantage, and corruption is defined as an abuse of a position of trust in order to gain an undue advantage.
What is being demonstrated when a person must choose whether to advance his or her own personal interest or those of others?Understanding Conflict of Interest
A conflict of interest arises when a person chooses personal gain over the duties to an organization in which they are a stakeholder or exploits their position for personal gain in some way.
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