Hypothetical Circumstances
There are options you may choose in deciding how to proceed depending on the facts of the case. Hypothetical circumstances with possible responses follow.
- An individual tells you she has been sexually harassed by someone. She does not want you to do anything; she just wants someone to know.
Response: If the individual does not reveal the alleged harasser's name, you can counsel her as to steps she can take to prevent it happening again and you can refer her to the Counseling Center or the FSAP for support. Encourage the individual to reveal the harasser's name. That is the only means by which the University can make sure the harassment stops and does not happen again. Once the individual reveals the name of the alleged harasser, you cannot agree to do nothing about it. - An individual reports an incident of sexual harassment and identifies the harasser.
Response: You are legally obligated to take prompt action to investigate, to stop the harassment if found to be occurring, and to prevent it from happening again. You should not listen to specific allegations of sexual harassment and agree to do nothing. - You receive a complaint from a third party who has observed sexual harassment or who is speaking on behalf of someone who has been harassed but does not wish to come forward.
Response: If the third party is able to identify the alleged harasser, you should investigate the complaint or ask the Affirmative Action Office to investigate. If the third party is speaking for someone who does not wish to come forward, your ability to proceed is limited. In some instances, you can tell an alleged harasser that information has been received and ask for a response. In the absence of a "victim" or complainant, if the alleged harasser denies the charges, all you may be able to do is to reiterate that sexual harassment is illegal and a violation of University policy and that behavior such as was complained of should not occur. - An individual tells you her professor is making casual off-color remarks in class, most of which are denigrating to women. She wants him to stop making such remarks.
Response: You can probably resolve this informally. For example, you can speak to one or two other students in the class to confirm the remarks were made. If confirmed, you can approach the faculty member, tell him you have been told about the remarks (without identifying who told you) and tell him such comments are inappropriate and should not be used in class and if it continues, further steps will be taken. - A student tells you that another student is harassing him.
Response: You can tell the student he can file a sexual harassment complaint or he can file a complaint with the Student Judicial Board. Depending on the seriousness of the alleged harassment, you may be able to talk to the harasser and cause the behavior to stop. In that case, no more formal investigation is necessary. In more serious cases, steps may need to be taken to preserve the safety of the complaining student. - You personally observe conduct which you believe constitutes sexual harassment. For example, technicians in your lab have hung sexually explicit pictures on the wall or are having a sexually explicit discussion.
Response: This is "hostile environment" sexual harassment. Even though no one has complained to you, you should ensure that the pictures are removed and that sexually explicit discussions do not occur in public areas of the workplace. The lab technicians should be told why the action is being taken. - A student complains about the sexual nature of the material presented in class.
Response: You determine that the presentation has an intellectual and scholarly purpose and is appropriate for a university classroom. In this case, you inform the student that this is not a case of sexual harassment.