"The University of California is committed to creating and maintaining a
community in which all persons who participate in University programs and
activities can work together in an atmosphere free of all forms of harassment,
exploitation, or intimidation, including sexual. Specifically, every member of
the University community should be aware that the University is strongly
opposed to sexual harassment and that such behavior is prohibited both by law
and by University policy. It is the intention of the University to take
whatever action may be needed to prevent, correct, and if necessary, discipline
behavior which violates this policy."
-University of California Systemwide Policy Statement, April 23, 1992
DEFINITION
Sexual Harassment is distinguished from consenting or welcome sexual
relationships by the introduction of the elements of coercion; threat;
unwelcome sexual advances; unwelcome requests for sexual favors; other unwelcome
sexually explicit or suggestive written, verbal, or visual material; or
unwelcome physical conduct of a sexual nature. Such behavior is unacceptable
and may require the University to take disciplinary or corrective action.
Specifically, sexual harassment may occur when a person either verbally or
physically:
- subjects another to unwanted sexual attention; or
- attempts to coerce another into a sexual relationship; or
- indicates that sexual favors are terms or conditions for participation
in a class or work environment; or
- indicates that sexual favors may be a basis for the assigning of grades
in a course or in any way enter into performance evaluation; or
- engages in conduct of a sexual nature which has the purpose or effect
of unreasonably interfering with an individual's performance or
creating an intimidating, hostile, or offensive working or learning
environment; or
- grants or refuses academic or employment opportunities on the basis of
an individual's submission to sexual advances or requests for sexual
favors; or
- punishes or threatens to retaliate against an individual who has either
refused to comply with requests for sexual favors or complained
regarding such conditions.
Sexual harassment may also occur where third parties are denied benefits or
opportunities because of the existence of a sexual relationship or the
existence of a hostile, intimidating, or offensive environment.
TYPES OF SEXUAL HARASSMENT
Specific examples of what may constitute sexual harassment include, but are
not limited to, subtle pressure for sexual activity including repeated requests
for outside social contacts after a person has indicated no interest; unwelcome
patting or pinching; constant brushing against another employee's or student's
body; "friendly" arms around the shoulder; repeated "accidental" brushes or
touches; deliberate assaults or molestations; demanding sexual favors
accompanied by implied or overt promises of preferential treatment with regard
to an individual's employment or academic status; and explicit offers of money
or rewards for sex. Examples of sexual harassment that may create a hostile,
offensive, and intimidating environment include posters, pictures, or comments
of a sexual nature sufficiently severe or pervasive so as to create a hostile,
intimidating, or offensive academic or employment environment. The
aforementioned lists of behaviors should be used to assist in identifying
offensive behaviors but in no way should be construed as exhaustive lists of
unacceptable acts. In determining whether the alleged conduct constitutes
sexual harassment, consideration should be given to the record of the incident
or incidents as a whole and the totality of the circumstances, including the
context in which the alleged incidents occurred.
PEER HARASSMENT
Students, faculty, and staff may experience harassment from peers. Students
who are the subject of such offensive behavior may either confront the alleged
offender directly or pursue this matter under the Campus Regulations Applying
to Campus Activities, Organizations, and Students. Employees who are subject to
unwanted sexual attention by fellow employees who have no supervisory authority
over them may either confront the alleged offender directly or pursue the matter
with a mutual supervisor or through Labor Relations. Faculty members may either
confront the alleged offender directly or pursue the matter with the department
chair. Students, staff, and faculty members may also pursue sexual harassment
complaints against persons of equal power using the complaint resolution
mechanism described herein.
CONSENSUAL RELATIONSHIPS
Entirely voluntary and welcome sexual relationships between persons in an
unequal power relationship may constitute harassment under this definition.
Relationships between faculty and subordinate faculty or staff, between a
supervisor and those employees he or she supervises, or between a faculty
member or teaching assistant and a student may give rise to legal concerns as
well as ethical concerns or conflict between personal and professional
interests. Although one may view a relationship with a subordinate as
consensual, that fact alone does not keep it from being sexual harassment. A
relationship may be voluntary in the sense that an individual is not forced to
participate against his or her will, yet it may be unwelcome and therefore
result in a claim of sexual harassment. Also, other employees may feel that
they are being disadvantaged by the relationship. Such a perception could
subject the alleged offender and the University to a lawsuit and, potentially,
to damages. The law recognizes an obligation in the University to ensure that
sexual harassment does not take place and, under certain circumstances, may
hold the University responsible for the acts of its employees and students.
Reprisal or retaliation against an individual for making a complaint of
sexual harassment, and for using or participating in the pre-grievance
complaint resolution process or formal grievance process, is a violation of
University policy.
Primary responsibility for maintaining high standards of conduct resides
especially with faculty and supervisors, since they exercise significant
authority and power over others. If the highest standards of professional
conduct are to be maintained, however, all responsible members of the community
of learning should understand that sexual advances or comments by a teacher or
supervisor toward one of his or her students or employees may constitute
unprofessional conduct. Such unprofessional conduct blurs professional
boundaries, interferes with a climate conducive to the open exchange of ideas
between persons, subverts the normal structure of incentives that spur work and
learning, and interjects attitudes and pressures which may undercut the basic
reasons for which the University exists. In such cases, objectivity may be
compromised or destroyed and competent evaluation threatened.0
Behavior of a sexual nature between persons in an equal power relationship
can also serve to make the work and learning environment a negative one when
one of the two parties involved feels the sexual behavior is unwelcome or when
a third party feels that his/her learning or working environment is adversely
affected.
The University of California has established formal and informal procedures
to resolve sexual harassment complaints. Complaints are most effectively
addressed at the earliest possible stage. Resolution procedures will be
implemented with discretion and sensitivity, giving careful attention to the
rights of all parties to due process and confidentiality. The persons involved
in the complaint resolution process, be they sexual harassment contact persons,
supervisors, managers, deans, or the Sexual Harassment Complaint Resolution
Officer, will review each claim carefully to minimize capricious claims and to
uphold the rights of all parties. Complainants may also pursue civil law
remedies, including but not limited to injunctions, restraining orders, or
other orders as necessary.
*This is not the complete text of the UCSB Sexual Harassment Policy and
Procedures. The policy contains additional information on formal and informal
complaint procedures. Copies of the UCSB Policy on Sexual Harassment and
Complaint Resolution Procedures are available at the Women's Center and the
Office of the Sexual Harassment Complaint Resolution Officer and on the
following web sites:
http://ucsbuxa.ucsb.edu/sex-harass-complaints/
or
http://www.sa.ucsb.edu/women'scenter
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