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 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.