General Counsel
FAQ: Sexual Harassment
This document provides a summary of the law in this area and answers questions frequently asked of attorneys in the Office of General Counsel. However, the information presented here is intended for informational purposes only and nothing in this document should be construed or relied upon as legal advice. The Office of General Counsel or your Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.
Revised 09/27/2010
Q.
How do I know if someone’s conduct will qualify
as “unwelcome”?
A. In general, unwelcome sexual conduct may be, but
is not limited to, any of the following acts or behaviors
that are not explicitly invited by the recipient: unwanted
sexual advances, subtle or overt pressure for sexual
activity, unnecessary or unwanted touching, stalking,
sexually suggestive displays, deliberate molestations,
demands for sexual favors, promises of gifts in exchange
for sex, lurid telephone calls, obscene messages and
e-mails, or being improperly followed or watched by
an instructor, employer or peer.
Q.
If I am uncomfortable with someone’s
sexual conduct toward me, what should I do?
A. If someone is saying or doing something of a sexual
nature that may be inappropriate or unwelcome, you
are encouraged to tell him or her that you are uncomfortable
with that behavior and/or disapprove of it. However,
if you are unwilling or afraid to do so, you should
report the behavior to your supervisor, the appropriate
office designated by campus policy, a co-worker or
a friend. No matter what, take steps to stop the harassment.
Q.
If I think I have been subjected to
sexual harassment, what should I do?
A. You should immediately notify your supervisor,
the office designated by campus policies, a trusted
faculty member or someone who can help you.
Q.
If I make a complaint of sexual harassment, will my
complaint remain confidential?
A. Although every effort is made to handle harassment
complaints in a confidential manner, it may be necessary
to provide information to other relevant persons to
effectively investigate the complaint. In addition,
the alleged harasser has a right to know the details
of the complaint in order to adequately respond, such
as the name of the complainant and/or witnesses to
the incident and the nature of the alleged harassment.
Q.
May a supervisor choose not to investigate a sexual
harassment complaint on the basis of protecting the
confidentiality of those involved?
A. No. Supervisors are required to investigate and
address a complaint of harassment or refer it to the
appropriate office for investigation.
Q.
Can a hostile work environment arise
on the basis of only one incident?
A. Yes, if the incident is sufficiently severe so
as to alter or change the terms or condition of the
work or academic environment. A physical assault is
an example of such conduct.
Q. Is it sexual harassment for an instructor
to display a sexually explicit picture during a lecture?
A. Not necessarily. In limited circumstances,
sexually explicit material or other forms of expression
with the potential for hurting or offending members
of the university community may nevertheless be part
of meaningful discourse in the classroom. Where such
material has no educational purpose, it is more likely
to be unlawful.
Q. What is sexual
assault?
A. Sexual assault is a criminal act. It
occurs when an individual is forced, threatened or
coerced into sexual contact against his or her free
will or without his or her consent. Sexual assault
may include date or acquaintance rape, sexual molestation,
unwanted sexual touching or having sexual contact
with a person while knowing or having reason to know
that the person is incapacitated in some way (i.e.,
due to drugs or alcohol). Sexual assault is one of
the most extreme forms of sexual harassment. A person
should seek and obtain unmistakable, clear consent
from the other person before engaging in any form
of sexual activity or behavior.
Q. What should I do if I
think I was sexually assaulted?
A. If you believe you have been a victim of
sexual assault, your first priority is to get to a safe
place. Then, immediately contact the police or dial 911.
It may be helpful to contact a trusted friend or family
member to be with you during the investigation into the
incident. You may also contact a campus official, such
as your supervisor, the Dean of Students, the Affirmative
Action Office or any other official who can help you.
No matter what, reach out and get the help you need.