Sexual Harassment in the University Environment UAH Management Training Seminar April 6 and April 18, 2000

Why Should You Be Here? Increase Awareness of Issues Learn How to Respond to Complaints Avoid Institutional Liability Avoid Personal Liability

Bases of Liability Title VII of the Civil Rights Act Title IX of the Education Amendments State Tort Law

Title VII of the Civil Rights Act Sex, Race, Color, Religion, National Origin, Age, and Disability Employment Relationship Enforcement Mechanisms Remedies

Title IX of the Education Amendments Sex Discrimination Only Teacher-to-Student Harassment Peer-to-Peer Harassment Enforcement Mechanisms Remedies

State Tort Law Not limited to protected categories Battery, False Imprisonment, Invasion of Privacy, Outrageous Conduct Enforcement Mechanisms Remedies

Elements of a Harassment Claim Unwelcome Behavior, and On the basis of protected status, and Tangible employment action or Hostile Environment

Unwelcomeness Unsolicited or Uninvited Conduct Submission does not mean welcome Communication of unwelcomeness Consensual Relationships

On the Basis of Protected Status Conduct need not be sexual in nature Abusive treatment directed only toward protected person “SOB” defense

Tangible Employment Action A significant change in employment status Not merely unfulfilled threats Usually inflicts some economic harm Usually the act of a supervisor Firing, demotion, reassignment, loss of benefits, etc.

Effect of Such Actions No affirmative defense Employer automatically liable for actions of supervisor

Hostile Environment Not simple teasing or isolated incidents that are not extremely serious Must be so severe or pervasive as to alter terms and conditions of employment Creates a intimidating or offensive working environment

Effect of Such Actions Employer may assert an affirmative defense Employer exercised reasonable care to prevent and promptly correct harassment, and Employee failed to take advantage of preventive or corrective opportunities or otherwise avoid harm

Employer’s Duty to Exercise Reasonable Care Establish, publicize, and enforce policy Effective complaint process Effective investigative process Immediate and appropriate corrective action

Employee’s Duty to Exercise Reasonable Care Failure to complain Other efforts to avoid harm

Elements of a Title IX Claim Sex Discrimination Only Teacher (employee)-to-Student Harassment Peer-to-Peer Harassment Very similar to elements of Title VII claim

Effect of Such Actions Teacher-to-Student: Liability for institution where official has actual knowledge of harassment and fails to respond. Peer-to-Peer: Liability for institution where official shows deliberate indifference to known acts of harassment.

Complicating Factors Who can receive “notice” for the university? Requests for confidentiality First Amendment concerns

State Law Tort Claims May involve personal liability of university employee or faculty member Not limited by protected classifications Not limited in amount of damages that may be awarded

Tips For Administrators Be Aware Take Complaints Seriously Know UAH Policy Educate Those Under Your Supervision Monitor Resolved Cases