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

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

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

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

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

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

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

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

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

10. 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.

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

12. 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

13. 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

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

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

16. 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

17. 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.

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

19. 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

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