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Sexual Harassment
Sexual harassment
is not only against University policy - it's illegal. A person who sexually
harasses another can be held liable for his or her actions. Differences between
behavior that is friendly or complimentary and behavior that is sexually harassing
are recognizable. However, it is important that people consider how their behavior
is viewed by others. Many accused harassers are surprised to learn how their
behavior is perceived by those who feel victimized. Consider the following:
• Review
your attitudes and actions toward others. Is your behavior sex neutral and bias
free?
• Do not assume that colleagues, peers, employees, or students enjoy sexually
oriented comments, jokes, inappropriate comments about their appearance, or
even minor physical contact.
• Do not assume that others are comfortable telling you that they are
offended or harassed by what you say or do.
• Be sensitive to cultural and experiential differences of those with
whom you interact.
• Consider the impact your position of power may have on others' feeling,
behaviors, and responses.
The University actively investigates complaints of sexual harassment. Appropriate
disciplinary action, which may include termination of employment for offending
employees or expulsion from the University for offending students, will be taken
if it is determined that sexual harassment has occurred.
SEXUAL HARASSMENT - WHAT IS IT?
Sexual harassment
has been defined by the U.S. Equal Employment Opportunity Commission as unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct
of a sexual nature when:
• submission
to such conduct is a condition for employment, promotion, grades, or academic
status;
• submission to or rejection of such conduct is used as the basis for
employment or academic decisions affecting an individual;
• such conduct has the purpose or effect of interfering unreasonably with
the individual's work or academic performance or creates an offensive, hostile,
or intimidating working or learning environment.
Examples
of Sexual Harassment:
• pressure for sexual activity
• requests for sexual favors
• unwelcome patting, hugging, or touching of a person's body, hair, or
clothing
• sexual innuendos, jokes, or comments
• disparaging remarks to a person about her/his gender or body
• sexual graffiti or visuals
• asking about a person's sexual fantasies, sexual preferences, or sexual
activities
• repeatedly asking for a date after the person has expressed disinterest
• making sexual gestures with hands or through body movements
These examples are not all-inclusive of the types of conduct that may constitute
sexual harassment. Each situation must be considered in light of the specific
facts and circumstances to determine if sexual harassment has occurred.
UNDERSTANDING WHO ARE THE TARGETS OF
SEXUAL HARASSMENT
Both
women and men may be sexually harassed. Targets of sexual harassment may include
heterosexuals, bisexuals, lesbians and gay men. Most reported cases involve
women harassed by men who are in a position of power over them, either on the
job or in the classroom. Sexual harassment may also occur between peers or between
individuals of the same sex. Although anyone can be a target of sexual harassment,
some groups are more vulnerable.
Examples
include:
• students, undergraduate and graduate, involved in close working academic
relationships that can develop into personal relationships;
• women in nontraditional fields who may be perceived as entering an area
where "they do not belong" and, thus, competing with men for jobs;
• minority women who may be sexually harassed as a form of racism;
• young people whose inexperience and lack of self-confidence may be exploited
by the harasser pressuring them into unwanted relationships;
• employees who, by the nature of their subordinate positions, are vulnerable
to sexual harassment by superiors.
WHAT ABOUT CONSENSUAL RELATIONSHIPS?
Romantic and/or
sexual relationships between faculty and students, staff and students or supervisors
and subordinate employees are strongly discouraged. Such relationships have
the potential for adverse consequences, including the filing of charges of sexual
harassment. Given the fundamentally asymmetric nature of the relationship where
one party has the power to give grades, thesis advice, evaluations, recommendations,
promotions, salary increases or performance evaluations, the apparent consensual
nature of the relationship is inherently suspect.
Even when both
parties have consented to the relationship, there may be perceptions of conflicts
of interest or unfair treatment of others. Such perceptions undermine the atmosphere
of trust essential to the educational process or the employment relationship.
Under such circumstances, the person in the position of supervision or academic
responsibility must report the relationship to his or her immediate supervisor.
If you are involved in a romantic relationship of the sort described above,
and that relationship has not been reported, you can seek confidential guidance
from the Affirmative Action Office. Once the consensual relationship is reported,
the immediate supervisor is responsible for eliminating or mitigating the conflict
of interest to the fullest feasible extent and ensuring that fair and objective
processes are in place for decisions relative to grading, thesis advice, evaluations,
recommendations, promotions, salary increases or performance evaluations. The
new supervisory or academic arrangement should be documented. (University Policy
AD41)
WHAT CAN YOU DO IF YOU ARE SEXUALLY
HARASSED?
Don't ignore it. Take action.
Know
your rights.
Be familiar with Penn State's policies and resources that protect you as a student,
faculty, or staff.
Seek information and support.
You may feel a range of emotions - from helplessness, to anger, to confusion,
to fear. Taking with someone often helps to lessen isolation and may help you
to develop strategies to remedy the situation.
Ask for help explore your options.
• Keep a written and dated record.
• Let the harasser know the behavior is not welcome and you want it stopped
immediately. You can talk to the harasser or write a letter. Deliver the letter
by certified mail or in person; keep a copy.
• Discuss the situation with a supervisor, the Affirmative Action Office
or a sexual harassment resource person in your area.
WHO CAN HELP?
Penn State has
a policy prohibiting sexual harassment (AD41) and a complaint procedure to assist
students, faculty, and staff. Many problems can be resolved through the information
resolution portion of the process. Complaints of sexual harassment may be brought
to the attention of a sexual harassment resource person in your area, who will
attempt to resolve the complaint at the departmental, college, or work-unit
level, with the assistance of the Affirmative Action Office. Complaints also
may be taken directly to the Affirmative Action Office. People available to
help can answer questions, listen to complaints, advise on procedures, see that
appropriate action is taken, and monitor protection from retaliation. All situations
are handled in the most confidential manner possible.
PEOPLE DESIGNATED TO HELP
Sexual Harassment Resources
Faculty, staff, and students may contact a sexual harassment resource person
in their area or campus. Individuals may choose to take complaints directly
to the Affirmative Action Office.
Affirmative Action Office
• Kenneth F. Lehrman III, Director, E-Mail
• Carmen B. Borges, Associate Director, E-Mail
• Andrea Commaker, Senior AA Specialist, E-Mail
• Coordinator, Diversity Support and Education Center
328 Boucke Building, University Park PA 16802-2801
(814) 863-0471 V/TTY for the following assistance:
information and consultation, informal complaints and resolution,
formal complaints (requires an investigation), raising awareness
and
providing training.
Student Affairs
Students may contact the University-wide designated sexual harassment resource
person for students:
• Peggy Lorah, Director
Center for Women Students
102 Boucke Building, University Park PA 16802
(814) 863-2027
E-mail: E-Mail
To
file a complaint against a student, contact:
Office of Judicial Affairs
• Joe Puzycki, Director
135 Boucke Building, University Park PA 16802
(814) 863-0342
To
file a complaint outside the University, contact:
Pennsylvania Human Relations Commission
Harrisburg Regional Office
Riverside Office Complex
1101-1125 S. Front Street, Harrisburg PA 17104
(717) 787-9780
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