Sexual harassment can be defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature, or verbal or physical conduct directed at an individual(s) because of their gender or motivated by animus based on gender when:
ï Submission to such conduct is made either explicitly or implicitly a term or condition of an individualís employment or student status; i.e. quid pro quo or
ï Submission to or rejection of such conduct is used as the basis for decisions affecting that individual with regard to employment (raises, job, work assignments, discipline, etc.) or to student status (grades, references, assignments, etc.); i.e. adverse consequence or
ï Such conduct has the purpose or effect of unreasonably interfering with an individualís work performance or educational experience, or creates an intimidating, hostile or offensive work and/or educational environment i.e. hostile environment. The work or educational environment includes classroom and clinical settings, residence halls, activities programs, offices and all on or off-campus Case sponsored events.
SEXUAL HARASSMENT IS AGAINST THE LAW
Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, Title IX of the 1972 Education Amendments and Section 4112.02 of the Ohio Revised Code.
SEXUAL HARASSMENT TAKES MANY FORMS
Although sexual harassment often takes place when the alleged harasser is in a position of power or influence, other types of harassment are also possible. Sexual harassment may involve the behavior of a person of either gender against a person of the opposite or same gender. It is not necessarily limited to offensive physical contact or requests for sexual favors. Sexual or ìoff-colorî remarks, name-calling, lewd gestures, obscene materials (photographs, cartoons, Internet, e-mail etc.) and touching may also constitute sexual harassment.
Common examples in a University setting:
1. A graduate Teaching Assistant engages in a sexual relationship with one of her undergraduate students. The student ends the relationship and feels that his grade was altered as a result of the break-up. adverse consequence
2. A male supervisor tells derogatory jokes about his wife and women in general in front of his female assistants. They are offended, feel disrespected and donít want to come to work because of his behavior. hostile environment
3. A faculty member constantly leans close to and brushes up against his administrative assistantís body when he is assigning her work. In response, she asks him to give her more personal space. Soon after her request, she receives an unprecedented negative performance review. adverse consequence
4. A student sends pornography and sexually oriented jokes over the Internet to other students. Some of the recipients are offended and ask the sender to stop, but he persists. hostile environment
5. A female student repeatedly initiates hugs from her lab partner and tells him she thinks he has a great body. He tells her he feels uncomfortable with her attention, but she laughs it off and continues the behavior. hostile environment
6. A professor invites a student to his home to discuss the studentís research. The student goes to the professorís home and consents to sexual activity with the promise that the faculty member will give him an ìAí for his research. quid pro quo
UNIVERSITY RESPONSE
Any member of the University community who is consulted about potentially sexually harassing behavior must advise the accuser of the Universityís sexual harassment policy. In addition, they must promptly report the incident to any one of the designated University officials charged with responsibility for investigating sexual
harassment complaints. (See below)
WHERE TO GO FOR HELP
The following University officials in the Office of Equal Opportunity and Diversity, and the Office of Student Affairs have been designated to receive reports of sexual harassment:
If youíre a faculty member:
Beth McGee, Faculty Diversity Officer
Adelbert Hall 310
368-4299
If youíre a staff member:
Kathryn M. Hall, University Director, Equal Opportunity and Diversity
Adelbert Hall 310
368-8877
If youíre a student:
Sue Nickel-Schindewolf, Assistant Vice President for Student Affairs
Adelbert Hall 110
368-2020
These officials can discuss general advice about dealing with sexual harassment. They can also provide options for pursuing either an informal or formal resolution of a complaint.
Members of the University community who believe they have been sexually harassed are entitled to an informal and/or formal complaint, investigation and resolution process.
COMPLAINT PROCEDURE
INFORMAL PROCESS
The Universityís informal process provides those who believe they are being sexually harassed with a range of options.
Advice may be given about how to communicate the unwelcome nature of the behavior to the alleged harasser. Copies of the Universityís policy may be distributed as a reminder to those involved. If both parties agree, a meeting can be arranged to work out a mutual resolution. Please note: once an accused harasser is identified, an investigation will be conducted.
FORMAL PROCESS
If informal resolution is not agreed upon or fails to satisfactorily resolve a concern, the University offers a formal complaint and resolution process. Please see the complete policy and procedures as found in the Case Faculty Handbook, Case Human Resources Policies and Procedures, the Case Handbook for Undergraduate Students or the appropriate graduate school handbook for details. The University officials designated to receive reports of sexual harassment can also provide copies of the complete policy and procedures.
PROMPT REPORTING
Prompt reporting of sexual harassment is in the best interest of the entire University community.
While confidentiality cannot be guaranteed, the University will make all reasonable efforts to maintain the confidentiality of those involved in a sexual harassment complaint.
Members of the University community who violate Caseís sexual harassment policy may be disciplined, up to and including being discharged for cause or being expelled from the University. Retaliation against persons raising concerns about sexual harassment is prohibited and will constitute separate grounds for disciplinary action, up to and including discharge or expulsion from the University.
