Sexual Harassment

What is Sexual Harassment?

The Equal Employment Opportunity Commission (EEOC) guidelines define sexual harassment as:

• Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:
  • Submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic advancement;
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decision affecting such individual;
  • Such conduct has the purpose or effect of unreasonably interfering with an individuals work or academic performance or creating an intimidating, hostile or offensive work or academic environment.

Retaliation

• Retaliation occurs when an employee suffers a materially adverse action because he/she raised a complaint in good faith, participated in an investigation, or took legal action.
• Title IX prohibits retaliation against an individual for filing a complaint with the school or any State or federal agency, or publicly opposing sexual misconduct, or participating in an investigation.
• Complaints of sexual violence may be followed by retaliation against the complainant or witnesses, by alleged perpetrator or his or her associates.

When is a school on notice?

A school has notice of sexual harassment, sexual misconduct, or sexual violence if:

• A reasonable employee knew, or in the exercise of reasonable care show have known about the sexual violence.

Who is a responsible employee?

A responsible employee is any employee:

• Who has the authority to take action;Who has been given the duty of reporting incidents of sexual misconduct by students to the director of institutional equity or other school designee; or whom a student could reasonably believe has this authority or duty.

Who can be a Harasser?

• The victim as well as the harasser may be a woman or a man.  The victim does not have to be of the opposite sex.
• An administrator, supervisor, agent of the employer, supervisor in another area, a co-worker, non-employee, or a student.
• Victim does not have to be the person harassed but could be anyone affected by the offensive conduct.