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.
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 Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.Q.
Can an employee claim that he or she has been subjected
to a hostile work environment based on only one incident?
A. Yes, if the incident is sufficiently severe that
it alters the terms of the employee's employment. A
physical assault could be such a case.
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.
To whom should I report sexual harassment?
A. An employee should report harassment to his or her
supervisor, or to the appropriate office designated
by campus policies.
Q.
If I make a complaint of sexual harassment, can I be
assured that my complaint will remain confidential?
A. Although every effort is made to handle harassment
complaints as discreetly and confidentially as possible,
it is typically necessary to share information with
involved parties in order to investigate the complaint
effectively. The alleged harasser also has due process
rights that would ordinarily entitle him or her to knowledge
of the name of the complainant and the nature of the
allegations.
Q.
May a supervisor decline to investigate a sexual harassment
complaint to protect the confidentiality of those involved?
A. No. Supervisors are obligated either to investigate
and address complaints themselves or to refer it to
the appropriate office for investigation.
Q.
What is the System policy on consensual relationships?
A. The Board of Regents has adopted a policy on consensual
relationships (Board
of Regents Policy 91-8) that discourages sexual
or romantic relationships between persons in positions
of unequal power and authority. This includes situations
where one person in the relationship supervises the
other or is otherwise in a position to influence the
other's conditions of employment. Dealing with conflicts
of interest related to consensual relationships is particularly
important because the potential for sexual harassment
claims is heightened should the relationships end.