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FREQUENTLY ASKED QUESTIONS
ABOUT SEXUAL HARASSMENT
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- What is the difference between sexual harassment and gender harassment? Is gender harassment handled through the same procedure?
Answer:
Sexual harassment is a specific form of gender discrimination. It has to do with something sexual, such as behaviors, actions, or statements that are of a sexual nature. Gender discrimination or harassment involves behavior that focuses on one's gender and usually relates to harassment because of one's gender. The sexual harassment procedure typically is not appropriate for gender discrimination issues. Complaints of gender discrimination or harassment should be directed to the Director of Employment Equity for employees and to Judicial Affairs for students. TOP
- Are sexual harassment and sexual assault the same thing?
Answer:
No. Sexual harassment and sexual assault are NOT the same thing. Sexual assault is a criminal offense and may be investigated by the District Attorney's Office. Sexual assault may be at the far end of the spectrum in a pattern of sexual harassment behaviors. If this occurs, the Sexual Harassment Policy may not be the appropriate avenue of redress. Cases of sexual assault should be reported to the police. TOP
- If I file a sexual harassment complaint, who is going to know about it?
Answer:
Who will know about a sexual harassment case often depends on whether your complaint is informal or formal. Informal complaints seldom involve more than a sexual harassment advisor, the complainant, and the respondent (the individual alleged to have violated the policy). If you are a student filing a formal complaint, the Vice President for Student Affairs (or his/her designee), the person against whom the complaint is filed (respondent), the Director of Employment Equity, two (2) sexual harassment investigators, and any individuals you or the respondent name as witnesses will become aware of the case. If the respondent is a Cal Poly employee, the individual to whom this person reports will be involved in implementing a remedy or sanction if sexual harassment is found as a result of the investigation. TOP
- Is sexual harassment a significant problem?
Answer:
There is ample evidence to conclude that the problem of sexual harassment is a serious issue. Studies show that as high as 30 percent of female undergraduates and 23 percent of women faculty members have experienced sexual harassment. Likewise, a 1995 Harris Poll revealed that 31 percent of female workers in the private sector have been sexually harassed at work. Despite these significant figures, the magnitude of the problem is difficult to assess because most harassment goes unreported. TOP
- What is the difference between "quid pro quo" and "hostile environment" sexual harassment?
Answer:
A "quid pro quo" form of sexual harassment is found to exist where an employee or student is asked to respond sexually with the direct or indirect implication that the individual's academic or work situation would be improved if he/she complied or jeopardized if he/she did not. "Hostile environment" occurs when behaviors create an environment so offensive, intimidating, or hostile that it interferes with a person's ability to work or a student's ability to learn or participate in university programs. The majority of sexual harassment cases fall into this category. TOP
- Can one incident constitute sexual harassment?
Answer:
It depends. In "quid pro quo" cases, a single sexual advance may constitute sexual harassment. In contrast, a single incident or isolated incidents of offensive sexual conduct or remarks generally do not create a "hostile environment." A hostile environment claim usually requires evidence of a pattern of offensive conduct. However, a single, egregious act of harassment may be sufficient to constitute a violation. This is particularly true when harassment is physical. TOP
- Are sexual harassment claims limited to incidents involving members of the opposite sex?
Answer:
No. In March, 1998 the U.S. Supreme Court ruled that same-sex harassment claims are covered under Title VII of the Civil Rights Act of 1965 (Oncale v. Sundowner, No. 96-568). The justices asserted that sexually harassing behaviors that alter the working conditions and effect an individual's ability to focus on the job are actionable whether the actors are same-sex or oppposite sex. TOP
- Must sexual conduct be unwelcome in order to be sexual harassment?
Answer:
Yes. Conduct is unwelcome if the person does not request or invite the conduct and views it as offensive or undesirable. Be aware, however, that an individual who does not immediately speak out or complain may not welcome or accept offensive behavior. Sometimes a person feels intimidated by the conduct, confused, or fearful to complain or resist, especially when the harasser is perceived to have greater power or status. TOP
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