Office for Civil Rights Sexual Harassment Guidelines

While not a law, these guidelines are relied upon by all courts in analyzing sexual harassment cases:

1. Title IX protects both male and female students.
2. Same sex sexual harassment is prohibited under Title IX.
3. Sexual harassment targeted at gay or lesbian students may constitute sexual harassment.
4. Strict liability will be applied to the sexual harassment of a student by a school employee in a position of apparent authority, regardless if the school knew or should have known.
5. A school has "actual notice" of sexual harassment if an agent or responsible employee of the school receives notice. This includes faculty and teaching assistants, resident directors and assistants, caches, and others who are in a position to help the complainant.
6. A school has "constructive notice" of sexual harassment if it would have been aware of harassment had it made a "reasonably diligent inquiry," even if no complaint had been filed.
7. Once put on notice of possible sexual harassment, a school is required to take "immediate and appropriate" steps to investigate or determine what occurred, and take appropriate corrective action.
8. A school is liable under Title IX for the sexual harassment of one student by another student only if a hostile environment exists in the school's programs or activities. The school knows or should have known if it failed to take immediate and appropriate remedial action.

To read the UC SYSTEMWIDE Sexual Harassment policy: http://www.ucop.edu/ucophome/coordrev/policy/PP121404policy.pdf