Definition

The term “Material That Creates a Hostile Environment for Others” (MTCAHEFO) refers to sexually explicit imagery that may be legal under the Oregon constitution but creates a hostile environment under federal employment law. Viewing MTCAHEFO in the library constitutes a rule 3 violation and generally meets four criteria:

1. The material is imagery meaning photos, videos, etc.
2. The imagery is sexually explicit
3. The imagery involves only adults
4. The material is displayed in a manner that disrupts others, such as on a computer monitor or a printed image that may be viewed by others.

Response

Step 1: Discovery

1. Reports may come from patrons or staff (including contract security)
   • Patron reports are not credible and must be verified by staff.
     • Non-PIC staff are encouraged to call the PIC if they receive a patron report to minimize exposure to potentially disturbing material.
   • Staff reports are considered credible, however the PIC will verify reports.
   • Staff should not monitor patrons who have viewed MTCAHEFO in the past or initiate discovery via viewing names or images of documents in the Print Release software without patron request to do so.
2. PIC will verify MTCAHEFO by discreetly viewing a patron’s computer monitor following a report and/or talking with the staff reporter to determine:
   • If the material meets criteria for MTCAHEFO
   • How others could be impacted by the material, i.e. is it observable, who is nearby, etc.
   • If there is accompanying conduct that heightens the disruptive impact of the material or violates additional library rules, such as:
     • Physical conduct (such as staring or sexualized gesturing) may violate rule 3 (disruption) or rule 1 (sexual harassment)
     • Sexual conduct (such as self-stimulation) violates rule 2 (sexual conduct).

Step 2: Warning or Exclusion for verified MTCAHEFO

1. If you are able, gather patron information before approaching the patron and make a plan for approach.
   • Attempt to record the patron’s name and date of birth in Pharos
   • Look the patron up in SIR to determine if they have previously received a warning or exclusion regarding rule 3.
2. Warning or exclusion for adults
   • Follow the progression for “minor disruptions” (Rule 3)
   • First violation is a warning - “There’s been a complaint about the website you are viewing. Viewing this site is creating a hostile environment for other patrons and staff because they cannot avoid seeing what is on your screen, and this is a violation of Multnomah County Library internet rules. Please stop looking at this website, and do not view similar websites when others are present. If you continue to violate the rules, you will be excluded from the library for the day.”
   • When writing your incident report
     1. Apply the Content Warning
     2. Do not describe the imagery in detail, but affirm that the imagery witnessed was “sexually explicit imagery involving adults”

Addressing complaints regarding material that is not MTCAHEFO

Patrons may complain about other material such as medical sites or graphic depictions of violence. Unless the material meets the definition of child sexual abuse material or advocates violence against another individual or group, it is likely protected under the Oregon constitution. In this situation:

1. Interview the patron or staff member issuing the complaint to find out what material the patron or staff member found offensive.
   1. Were there accompanying behaviors that would violate library rules, even if the material does not meet the definition of material that creates a hostile environment?
   2. For example, did the viewing patron attempt to draw attention to what they were viewing or direct comments toward the complaining patron that indicate would show an intent to harass?
   3. Does the material advocate violence against specific individuals or groups?
2. If rules were violated, issue a warning or exclusion, as appropriate
   1. If there was accompanying conduct, this would likely be a rule 3 minor disruption violation, but could violate other rules, depending on the severity of the accompanying behavior. The warning or exclusion will almost always be based on the behavior, not solely on the material being viewed.
3. Relocate the complaining patron
   1. If there are no inappropriate accompanying behaviors that violate library rules, and the material is permissible in the library, then there is no action to take with the patron about whom a complaint has been made.
   2. In this case, try to assist the complaining patron to move to a location where they will not have to see the material they object to. Find a different computer for them, offer a chromebook, find them a different seat or retrieve material for them as appropriate.
   3. If a staff member feels that what a patron is viewing is creating a hostile environment for them but the material is not sexually explicit and there is not accompanying patron behavior that violates library rules, the PIC may reassign the staff member to work in a location within the building where they will not be affected by what the patron is viewing.