Sexual Harassment in a University Setting
Federal and State law, as well as University of California policy prohibits sexual
harassment in an employment setting and in an educational setting. Sexual harassment
can occur between various constituencies present on campus. For example harassment
can take place between professors and students; between supervisors and their supervisees;
or between peers.
DEFINITION OF SEXUAL HARASSMENT
The University of California defines sexual harassment as unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature
when:
- Submission to such conduct is made either explicitly or implicitly a term or
condition of instruction, employment or participation in any University activity;
- Submission to or rejection of such conduct by an individual is used as basis
for evaluation in making academic or personnel decisions affecting an individual;
or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's
performance or creating an intimidating, hostile or offensive university environment.
In determining whether conduct constitutes sexual harassment, consideration may
be given to the totality of circumstances, including the nature and frequency of
the conduct and the context in which the incidents occurred.
“To read the UC Santa Barbara Interim Procedures for Responding to Reports of Sexual
Harassment visit
http://www.policy.ucsb.edu/InterimSHProcedures.pdf
UNWELCOME
Conduct of a sexual nature must be unwelcome or uninvited by the male or female
in order to constitute sexual harassment. Unwelcome conduct is unwanted, unsolicited,
and not requested. It usually makes the recipient feel very uncomfortable and/or
anxious. Unwelcomeness may exist even when the person targeted actually tolerated
or submitted to the conduct of a sexual nature. It is the impact of the conduct
on the person harassed, not the harasser's intentions, that is relevant.
MUTUAL RESPECT The basis for friendships and relationships.
QUID PROD QUO
THIS FOR THAT
In this form of sexual harassment the harasser is someone with authority, such as
a supervisor or a teacher, who implicitly or explicitly either
- 1. offers a job or
educational benefit, such as a promotion or higher grade, in exchange for submitting
to sexual conduct,
- 2. or threatens to deny or take away an educational or employment
benefit because the employee or student rejected a request for sexual conduct.
Quid pro quo harassment usually puts the recipient in a very awkward position. He or
she is often afraid to say "no" for fear of retaliation, and sometimes says "yes"
simply to ensure receiving the desire reward.
Hostile Environment
Sexual Harrasment at UCSBThis type of sexual harassment refers
to unwelcome and unreasonable conduct of a sexual nature (including demeaning or
aggressive conduct targeting a person because of his/her sex) engaged in by a student,
employee, supervisor, or teacher that creates a hostile, offensive or intimidating
working or learning environment. The conduct must be sufficiently severe or pervasive
to alter the conditions of employment or learning and create an abusive environment
from the standpoint of a reasonable person with the same fundamental characteristics
(gender) as the victim.