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Sexual harassment is unwanted sexual or gender based behavior that occurs when one person has formal or informal power over the other person.

There are three elements to sexual harassment:
1. The behavior is unwanted or unwelcome.
2. The behavior is sexual or related to the gender of the person.
3. The behavior occurs in the context of a relationship where one person has more formal power than the others (such as supervisor over an employee or a faculty member over a student) or more informal power (such as one peer over another).

Two types of sexual harassment

Quid pro quo is when the harasser requires sexual favors of the victim in return for some action by the harasser, or harasser retaliates against victim for refusing sexual favors (e.g. sex for a promotion or passing grade).

Hostile environment is when the victim is subjected to unwelcome repeated sexual comments, innuendoes or touching, which alter conditions or interfere with school or employment performance or access to opportunities provided by the institution. Conduct is gender-based, and creates an intimidating or offensive place for employees to work or students to go to school. To establish a hostile environment it usually requires a pattern of this sort of behavior, but sometimes one incident is enough, if severe or outrageous.

Once someone has been informed that behaviors are perceived as hostile (whether or not they were intended to be) and those behaviors are continued, then the offender and possibly other parties aware of the behavior could be charged with sexual harassment.

Sexual harassment may include many behaviors, including but not limited to:

  • Unwanted pressure for sexual favors
  • Unwanted pressure for dates
  • Sexual teasing or remarks
  • Unwanted touching
  • Letters, phone calls, or materials of a sexual nature
  • Sexual comments about a person's looks
  • Intimidation by cornering or pinching
  • Sexual comments or innuendoes
  • An implicit or explicit threat that the victim must comply in order to remain employed, obtain a promotion, etc.

    Important Note to Schools

    The U.S. Supreme Court has ruled that school districts may be sued in federal court when they know of flagrant sexual harassment between students but do little or nothing about it. To be liable, a school board must have "actual knowledge" of student-on-student harassment and be "deliberately indifferent" to it. In addition, the harassment must be "so severe, pervasive, and objectively offensive that it denies its victims the equal access to education" guaranteed under Title IX of the Education Act of 1972. This is the first ruling which specifies that student-to-student harassment is included under Title IX.

    What to Do

    If someone you know is being sexually harassed, suggest the person take the following steps:
  • Say NO to the harasser, verbally and in writing.
  • Tell the harasser that repetition of the behavior will be reported to a supervisor.
  • Follow through on the threat to report the behavior if it is repeated.
  • Keep a diary or log of the harassing behavior and any letters or calls made because of the harassment
  • Learn about employer's or school's sexual harassment policy
  • Get advice from fair employment and civil rights enforcement agencies, like the Human Rights Commission (800-292-5566) or the Equal Employment Opportunity Commission (800-669-4000).
  • Get support from family, friends and the local rape crisis program.

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