A Message From...

September 10, 2008

The following article is based on a sexual harassment workshop led by Dr. Carmen Suarez in August for the University Women's Professional Advancement office.

Sexual harassment is a topic currently under the spotlight on our campus.  And well it should be, as our institutional response to sexual harassment is one of the ways we collectively commit to ensuring the success of our students, faculty and staff.   Sexual harassment is real and harmful and is not only illegal, but greatly violates our values of inclusiveness, respect and civility as the foundations of a vibrant, pluralistic and productive community of scholars.

Carmen Suarez, Director, SIUC Office of Diversity and Equity

In order to promote an informed civil review and discussion of our policies and procedures, it is important that we have a common understanding of sexual harassment:  that it is extremely harmful to our educational mission and that it is a form of sexual discrimination prohibited by law.  Sexual harassment is prohibited in the workplace under Title VII of the Civil Rights Act of 1964, and in educational institutions under Title IX of the same Act.  As in all laws in our country, our understanding of the law and our obligations under the law become clarified over time as courts set precedents by which we can craft our workplace and educational policies and procedures.

Currently the law recognizes two forms of sexual harassment:  quid pro quo and hostile environment.  Quid pro quo is a Latin term that means “this for that”.  It is the easiest form of sexual harassment to recognize as it means that a benefit of some kind, such as a good grade, a promotion, or a raise is offered to another in exchange for submitting to demanded sexual conduct.

Hostile environment sexual harassment is the most common form of sexual harassment and it is behavior that interferes with a faculty, staff member or student’s work or educational conditions or performance. Such harassment creates a threatening or uncomfortable environment or is abusive and offensive enough to create a hostile environment.  The following parameters frame the concept of hostile environment:

•  It is behavior that is unwelcome by the recipient;
• The behavior occurs in the context of a relationship where one person has more formal     and/or informal power than the other;
• The behavior is sexual in nature or related to the gender of the person;
• The victim or the harasser can be a woman or a man and they may be of the same sex.

Hostile environment sexual harassment examples include:

• Unwelcome sexual remarks, jokes or taunting;
• Visual displays of graphic or pornographic materials;
• Repeated requests for dates;
• Demands or requests for sexual favors;
• Unnecessary and unwanted touching, grabbing, petting, pinching, backrubs, etc.;
• Leering, staring, or suggestive gestures;
• Unwanted emails, letters, and phone calls;
• Public humiliation;
• Taunts and slurs related to gender;
• Taunts and slurs related to sexual orientation.

 Often, we hear that people who feel they are experiencing a hostile environment are “over-sensitive” or “can’t take a joke”.  It is important to know that the courts label sexual harassment from the “eye of the beholder”.  It is NOT the intent that matters; it is the impact on the recipient/victim of the unwanted behavior that matters. 

Second the courts have established a “reasonable person” standard.  In general, most people know what behavior is considered acceptable or unacceptable when around others.  Off color jokes and comments, deliberate taunting of others, unnecessary touching, suggestive tones of voice when giving a “compliment,” are all things reasonable people know makes others, and themselves, uncomfortable and/or threatened.  That is not what an affirming campus environment is all about.

Sexual harassment prevention through ongoing training and education is a critical component to eliminating sexual harassment in the workplace and in the classroom.  Of equal importance is to carefully investigate and take appropriate action when sexual harassment complaints are made. 

 While in rare cases false accusations may be made, in general people experiencing sexual harassment are afraid to file complaints because they fear they may not be believed, they are embarrassed, they are afraid of losing their job or program of study, they fear retaliation, they are concerned that they will be blamed for inviting the harassment, they worry about being labeled a trouble maker, they fear harmful rumors and their loss of privacy, they believe nothing can or will be done about the problem, or they fear that the complaint process may be worse than the actual harassment. 

We must work diligently to maintain the integrity of our procedures for all concerned: the complainants, the respondents, and potential witnesses.  No one wants reputations to be damaged or harmful rumors spread.

Our university community is committed to building an environment conducive to high quality research, teaching and learning and all the activities that make this happen.  Together we can practice the civility, collegiality, understanding, respect and acceptance of others necessary to making our campus affirming and supportive of all that we do.

Carmen Suarez

Director, SIUC Office of Diversity and Equity.