We all suffer when sexual harassment is tolerated in our classrooms and workplaces. There are two types of sexual harassment, “quid pro quo” and “hostile environment.”
Sometimes the two types occur together. The targeted person may be harmed emotionally, mentally, and even physically.

Hostile environment is the most common form of Sexual Harassment. Hostile environment has occurred when it unreasonably interferes with a person’s work or academic performance or it creates an intimidating, hostile, abusive or offensive environment. It usually involves a pattern of repeated behavior, such as:

Behavior that is unwelcome
Requests for a date
Behavior that is sexual in nature
A shoulder or back rub
Behavior that creates a hostile or intimidating environment
Comments about a person’s appearance

Quid pro quo is a Latin term meaning “this for that”. This form of harassment is usually easy to recognize. Quid pro quo occurs when a supervisor or faculty member, or a person acting with authority, withholds, demands and/or promises a benefit by pressuring an employee or student to submit to unwelcome sexual conduct. For example:

A employee is denied a promotion because he/she refuses to be romantically involved with his/her supervisor; or
A student received a lower grade because he/she refuses to go on a date with his/her teaching assistance; or
A professor threatens to make a graduate students life miserable after he/she refuses to attend a conference with him/her and carries out the threat by giving the graduate more work than is required.

The following are some examples of behavior(s), if unwelcome, that may constitute sexual harassment depending on the severity and pervasiveness of the conduct:

unwelcome sexual remarks, jokes, or taunting
displaying of graphic descriptions of pornography
repeated requests for dates
demands or requests for sexual favors
unnecessary touching, grabbing, patting, pinching,
leering, staring or suggestive gestures
obscene phone calls
unwanted e-mails or letters
public humiliation
bashing due to sexual orientation
forcing a kiss
sexual assault (forced or non consensual sexual intercourse, including penetration with a foreign object)

What to Do If You Are Accused of Sexual Harassment

If you are told that your behavior is inappropriate and/or offensive, you must immediately stop the behavior. People perceive certain behaviors, jokes, and gestures, along with other things differently. What may be acceptable to you may be extremely offensive to someone else. Some times due to the difference in culture or morals you may not think your comment(s) or behavior are offensive. Nevertheless, you should try to understand the other person’s feelings and concerns and respect his or her request to stop the sexual harassment.

While it can be distressing to have a complaint made against you, if you are accused of sexual harassment you have the right to:

1. Be informed of the allegations filed against you, and provided with the opportunity to respond to specifics surrounding the allegations
2. Be accompanied by a support person, such as friend or campus resource administrator
3. Seek private legal counsel
4. Have the outcome of the investigation fully explained
5. In the event that the complaint is to be dismissed, receive notification of that recommendation
6. In the event a complainant is found to have been dishonest or to have intentionally made false allegations against the accused, the complainant shall be subject to disciplinary action up to and including, if deemed appropriate, termination or expulsion

The consequences to a person if sufficient evidence of a violation of the policy is found regarding sexual harassment can include:

Letter of warning
Disciplinary probation
Denial of promotion
Demotion
Suspension
Termination

Intent vs. Impact

Sexual harassment has been evaluated by whether a “reasonable person” would consider the inappropriate conduct offensive under federal law, Title VII of the 1964 Civil Rights Act . However, in 1991, the 9th Circuit Court of Appeals decision in Ellison v. Brady, concluded that the harassing conduct must be evaluated from the perspective of the victim. This means that the inappropriate conduct must be evaluated from the victim’s perception. The victim determines whether the conduct is sufficiently severe and/or pervasive as to create a hostile environment. The intent of the harasser has no factor in the matter.

Because of Ellison v. Brady the standard brought the federal law closer to state law’s interpretation of what is a hostile work environment. Under the California Fair Employment and Housing Act, the environment is evaluated from the victim’s perspective. In this case the court acknowledges that a man or woman may suffer work environment sexual harassment even where his/her co-workers, or a “reasonable person,” would not be offended by the offensive conduct.

The Title IX/Sexual Harassment Office is aware that sexual harassment complaints may be substantiated, in part, by the victim’s perception. To determine whether or not there has been a violation of Title IX, will be determined by whether the conduct is of a sexual nature and the victim is credible, and the victim’s perception of the environment will be given great weight to the complaint.

In case of nonphysical harassment conduct may be one or a combination of:

Unwelcome attention -- The person to whom the conduct is directed toward must not invite, condone, reciprocate or participate in the conduct.

Severe and pervasive behavior -- One incident does not usually constitute sexual harassment unless the conduct is severe, such as sexual assault or other physical touching. The less severe usually is repetitive or a pattern of inappropriate conduct.

Unreasonably interfering with academic/work performance and/or creates a hostile environment.

Academic Freedom

The University acknowledges the law to protect the freedom of UCR faculty, staff, and students under the First Amendment of the United States Constitution and Article I section I of the California Constitution to engage in legitimate intellectual and professional criteria, not personal views, with respect to political, religious, social or artistic expression within the University setting without unreasonable restriction or penalty.

In general, within the academic setting, speech that is significant to the academic course or addresses public concern would be protected by the Constitution. When does speech violate the campus policy? Verbal conduct is only actionable under the Sexual Harassment Complaint Resolution policy if the conduct exceeds the boundaries of academic freedom. For example, it would be appropriate to address sexual themes in a classroom situation if it exemplifies points in the course, but if the faculty member uses sexual dialogue that bears no relationship to the course, the speech would not be protected. Speech that is intended to advance the learning process is protected.

Additional Web Resources:

American Civil Liberties Union (ACLU)
American Association of University Professors
The Thomas Jefferson Center for the Protection of Free Expression

What is sexual assault?