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What about free speech? Doesn't the constitution guarantee my right to say whatever I want, hang up the posters I want, etc.? Also isn't my office my own personal space? |
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Supervisors, faculty, and TA's can have a very hard time finding the balance between protecting everyone's First Amendment rights, and encouraging everyone to respect our desire at UCSB to have a civil and respectful environment. We recommend taking proactive steps to help your own unit, classroom, or department develop and maintain an atmosphere in which people treat each other respectfully. Many questions of this type need to be answered on a case-by-case basis. |
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| Aren't these issues just an example of some people taking things too far? Can't everyone just lighten up? |
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A sense of humor is important, but discrimination and sexual harassment are serious issues. The laws that exist were created in response to real practices that had detrimental effects on real people. These laws protect people's right to a workplace and academic environment free from discrimination, including sexual harassment. Sexual harassment occurs when unwanted attention of a sexual nature interferes with a person's ability to obtain an education, work, or participate in recreational or social activities at UCSB. Faculty, staff, and TA's should encourage people to take these issues seriously and refrain from minimizing or making light of concerns brought to their attention. |
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What kind of obligation is there for the complainant to tell the other person that their behavior is offensive or unwelcome? |
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Most of us would probably agree that in an ideal world, we would all resolve conflicts directly. Informing someone that their words or actions are offensive or intimidating is sometimes all that's needed for the behavior to stop. We all need to do what we can to help create an environment at UCSB for people to feel comfortable talking openly and directly. |
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In many cases, however, there are legitimate reasons why the complainant can't bring their concern directly to the other person. Often, the power difference between them is too intimidating. Some people are simply less assertive than others. Some of us were brought up with cultural norms that discourage direct confrontation. |
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Supervisors should discuss all possible options for resolving a conflict which is brought to their attention. This would include the option of the two parties discussing the problem directly; but supervisors should avoid communicating the idea that direct confrontation is required. They should also consider referring employees or students to a Sexual Harassment Contact Person on campus. This includes The Women's Center, Building 434, x3778; Human Resources-Labor Relations, 3101 SAASB, x 4119, or the SexualHarassment Complaint Resolutions Officer, Paula Rudolph, 2121 Cheadle Hall, x2546. |
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Faculty and TA's should also discuss with students options for resolving conflicts and refer them to a Sexual Harassment Contact Person on campus, or Paula Rudolph, to discuss their rights and options. |
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| Does this mean I can't pay someone a compliment anymore? |
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People generally can tell the difference between a genuine compliment meant to flatter someone, and a harassing remark meant to intimidate or belittle them. Be aware of compliments. If you always compliment someone's physical appearance and rarely their professional or academic abilities, they could easily get the impression that you only appreciate them for their physical attributes, sense of clothing style, etc. |
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Don't a lot of these complaints get filed just to get revenge? |
| No. Theoretically, this certainly could happen, but in reality, very few complaints are false. Most people who experience sexual harassment and discrimination simply want the unwelcome or offensive behavior to stop. Our society, however, frowns on confronting or "making waves" in general. This makes it very difficult for many people to feel comfortable asking for help to deal with one of these problems. |
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| What rights do I have if I am accused of Sexual Harassment? |
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| Individuals accused of sexual harassment have privacy rights that prohibit other persons from disseminating information concerning the complaint, except as part of the complaint resolution process. In addition, individuals accused of sexual harassment have due process rights that prohibit such individuals from being disciplined without adequate notice and an opportunity to be heard. |
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