Preventing Harassment
in the
Academic Setting/Workplace
A short course in identifying and confronting sexual
harassment in the workplace and the academic setting.
Outline
I. What is Harassment?
I.
I.
Quid Pro Quo; Hostile Environment
II. Liability
II.
I.
Individual; Sources; Categories; Hostile
Environment
III. Preventing Harassment
III.
I.
Avoiding Harassment; Corrective Actions;
Investigation; Factors; Remedies; Discipline
I. What is Harassment?
• Conduct: Behavior, acts and
perceptions
• Quid Pro Quo
• Environment: Visual, physical and
verbal
• Hostile
• Abusive
Sexually Harassing Conduct

Can consist of:
VISUAL
Posters
Cartoons
Elevator Eyes
Leering
PHYSICAL
Hugs
Massage
Gifts
Touching
Blocking Paths
VERBAL
Sexual
 Comments: Girl,
Hunk, Babe
Jokes
Cat Calls
Whistling
Forms of Unlawful
Harassment
•
•
•
•
•
•
•
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Sex
Race/National Origin/Color
Disability
Religion
Marital Status
Age
Sexual Orientation
Types of Harassment:
Quid Pro Quo

• Quid Pro Quo: Explicit or implicit
conditions for successful participation in
an education program or employment.
Includes submission to unwelcome
sexual advances, requests for sexual
favors, or other verbal, nonverbal, or
physical conduct of a sexual nature, in
exchange for grades or advancement.
Quid Pro Quo
(Something for something)

Adverse action: Benefits promised in
exchange for sexual favors or denied if
sexual favors are not given.
Quid Pro Quo

Factors:
 • Was sexual conduct unwelcome?
 • Objectively harassing, i.e., would a reasonable
person in the accuser’s position believe s/he was
the victim of quid pro quo harassment?

• Did the alleged harasser intend to subject the
accuser to quid pro quo harassment?

• Is there a nexus between a discussion about
academic or job benefits and a request for sexual
favors?
Hostile Environment

Sexually harassing conduct (which can
include unwelcome sexual advances,
requests for sexual favors, and other verbal,
nonverbal, or physical conduct of a sexual
nature) by an employee, by another student,
or by a third party that is sufficiently
severe, persistent, or pervasive to limit a
person's ability to participate in or benefit
from an education program or activity, or to
create a hostile or abusive educational or
working environment.
Hostile Environment in the
Education Context

Sufficiently severe, persistent, or
pervasive to:
• Limit ability to participate in or benefit
from an education program or activity, or
 • Create a hostile or abusive educational
environment

Effects of Harassment
•Creates divisiveness
 • Impedes education
 • Promotes loss of respect
 • Perpetuates fear
 • Enhances interpersonal conflict
 • Destroys morale
 • Increases absenteeism & turnover
 • Creates costly and unnecessary
litigation
All Employees Are Personally
Responsible

Since January 1, 2001 California law has provided that
individual employees at all levels within an organizationnot just supervisors and managers-are personally liable
for any sexual harassment in which they engage.

In addition, if the employer concludes, based on its
own investigation, that an employee engaged in sexual
harassment it does not provide legal representation for any
lawsuit filed against that employee.

This means that you would need to rely on your own
assets to cover the costs of an attorney and to pay any
judgment.
Sexual Harassment: The Law
•Title VII
 • California Fair Employment and
Housing Act (FEHA)
 • Title IX
 • California Education Code 212.5
 • Tort Law
 • Case Law

Title VII

Title VII does not explicitly mention sexual
harassment. The Supreme Court made
clear, however, in its landmark 1986
decision in Meritor Savings Bank v. Vinson
that Title VII prohibits sexual harassment,
for it is a form of illegal sex discrimination.
Fair Employment and Housing
Act (FEHA)
•Unwanted sexual advances
 • Offering employment benefits in exchange
for sexual favors
 • Making or threatening reprisals after a
negative response to sexual advances
 • Visual conduct: leering, making sexual
gestures, displaying of suggestive objects
or pictures, cartoon or posters
 • Verbal conduct: making or using
derogatory comments, epithets, slurs,
and jokes

FEHA
•
Verbal sexual advances or
propositions
 • Verbal abuse of a sexual nature,
graphic verbal commentaries about
an individual's body, sexually
degrading words used to describe
an individual, suggestive or obscene
letters, notes or invitations
 • Physical conduct: touching, assault,
impeding or blocking movements
Title IX

Title IX of the Education Amendments
of 1972 (Title IX) and its implementing
regulations: No individual may be
discriminated against on the basis of
sex in any education program or
activity receiving Federal financial
assistance. Sexual harassment of
students is a form of prohibited sex
discrimination.
Education Code 212.5 et. Seq.
2.1 Sexual harassment means unwelcome
sexual advances, requests for sexual favors,
and other verbal, visual, or physical
conduct of a sexual nature, made by
someone from or in the work or educational
setting, under any of the following
conditions:
 2.1.1 Submission to the conduct is
explicitly or implicitly made a term or a
condition of an individual's employment,
academic status, or progress.

Tort Law

Torts are civil wrongs recognized by law as
grounds for a lawsuit. These wrongs result
in an injury or harm constituting the basis
for a claim by the injured party. Among the
types of damages the injured party may
recover are: loss of earnings capacity, pain
and suffering, and reasonable medical
expenses. They include both present and
future expected losses.
Case Law

Case law is court made law, as opposed to
legislation. Case law results from lawsuits
and court opinions. Case law, or “common
law” makes up a great portion of our
national and state laws. Faragher v. City of
Boca Ratan and Burlington Industries v.
Ellerth
Employer Liability for Harassment
Between Employees
• Employer knows or should have known
 • Failed to take reasonable steps
 • Avoid liability by taking prompt &
remedial action to end harassment
 • Action reasonably calculated to end
harassment & deter others

Hostile Work Environment
Harassment
•
•
•
•
•

Protected status
Physical, verbal or visual behavior
Objectively and subjectively offensive
Severe, persistent or pervasive
Unreasonably interferes with work or
education
Was Conduct Offensive?

• Objective Test – The Reasonable
Person Standard:


Would a reasonable person in the same
circumstances as the victim be offended?
• Subjective Test: Was the victim in
Would I
fact offended?
be
offended?
Reasonable Person
Grey, or Borderline Areas
• Consensual relationships between
supervisors/subordinates or
faculty/students
 • Solicitation of dates, or invitations to
lunch, drinks or dinner
 • References to appearance or dress
 •Casual touching of non-intimate parts
of the body

Same Sex Harassment
Supreme Court Ruling
• Neither party has to be gay
 • Conduct must be based on gender


The victim was singled out because of
his/her gender
• Objectively severe & offensive
 • Totality of circumstances

Preventing Harassment
•
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Avoiding Harassment
Corrective Actions
Investigation
Factors
Remedies
Discipline
Resolution
How to Avoid Harassment
Prevention is the key!
 • Take all complaints seriously & handle
according to procedure
 • Safe environment for harassment
complaints
 • Be a good role model

• Encourage open discussions
 • Train staff how to identify & respond
 • Educate staff about rights & obligations

Appropriate Corrective Action
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• Conduct prompt & thorough investigation
• Prevent harassment from recurring
• Discipline harasser
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Fits the conduct
Ensures it does not continue
Deters others
• Ensure appropriate remedy
• Harassment training
• Re-publish harassment policy
Prompt & Thorough Investigation
• Encourage prompt reporting
 • Encourage promptly notifying
offender behavior is unwelcome
 • Time lines for reporting
 • Retaliation WILL NOT be tolerated

RETALIATION
Stop the Harassment

Consider:
•
•
•
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Severity
Pervasiveness
Harassers overall record
Complainants employment
history/student record
 • Notice of policy
 • Prior practice
 • Rules, policies, and union contracts

Appropriate Student Discipline
• Suspension or expulsion when other
corrective measures fail/not feasible
 • Suspension or expulsion if student is
dangerous
 • Education/training

Remedies for Harassment
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Counseling
Correct adverse action
Follow up and monitor
Voluntary transfer,
if requested in writing
 after other options have been offered.
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Fin
What did you learn?
What questions do you still have?
How can we help you further?
Contact the District Compliance Office at 527-4303
or e-mail cprickett@santarosa.edu
Thanks!