Sexual harassment, sex discrimination and Title IX

Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, unwanted and repetitive messages of a sexual  nature, unsolicited and unwelcome  transmission of images of a lewd or sexual nature, or other verbal or physical conduct of a sexual nature where:

  1. submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or education; or
  2. submission to or rejection of such conduct by an individual is used as the basis  for  retaliation, or for other employment or academic  decisions affecting that individual; or
  3. the conduct creates a hostile environment.

R01.04.010 Sex Discrimination and Sexual Misconduct.

The Equal Employment Opportunity Commission defines unlawful harassment as "Verbal or physical conduct that degrades or shows hostility or aversion to an individual because of his or her race, color, religion, gender, national origin, age or disability, or that of one's friends, relatives or associates." According to the EEOC, the conduct must be "so objectively offensive as to alter the conditions of the victim's employment."

Examples of sexual harassment include:

  • Repeated requests for dates that are turned down, or unwanted flirting
  • Making sexual comments about appearance, clothing or body parts
  • Emails or pictures of a sexual or other harassment-related nature
  • Displaying sexually suggestive objects, pictures or posters
  • Telling lewd jokes or sharing sexual anecdotes
  • Unwanted jokes, gestures, offensive words on clothing, unwelcome comments

When there's a report of sexual discrimination or misconduct, the university will:

  • Stop the discrimination.
  • Provide remedies and other support.
  • Prevent the recurrence of further discrimination.

The conditions of employment are altered if the harassment culminates in a tangible employment action (fired, suspended, denied training, denied an award, etc.) or when the conduct was sufficiently severe or pervasive to create a hostile work environment. Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Conduct crosses the line when it goes beyond simple teasing and offhand comments, or when there are more than isolated incidents and there is a pattern of such incidents.

The harasser can be the complainant's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Harassment outside the workplace may also be illegal if there is a link with the workplace, for example, if a supervisor harasses an employee while driving the employee to a meeting.


Additional resources:

Preventing harassment in the workplace

Unlawful harassment

Unlawful harassment is verbal or physical conduct that degrades or shows hostility or aversion to an individual because of his or her race, color, national origin, sex, religion, age, sexual orientation or disability, or that of one's friends, relatives or associates. Conduct that is so objectively offensive that it alters the conditions of the victim's employment or educational environment is illegal.

Examples of unlawful harassment

  • Written or graphic material that demonstrates hostility placed on walls, bulletin boards or circulated through email, on Facebook, or other social media
  • Name calling and slurs
  • Negative stereotyping
  • Insensitive comments
  • Threatening or intimidating acts
  • Jokes that are hostile or demeaning

When does it cross the line?

  • When it goes beyond simple teasing and offhand comments
  • When it is more than isolated incidents and becomes a pattern of such incidents
  • When it alters the conditions of the victim's employment or educational opportunities
  • When it culminates in a tangible employment action
  • When it is sufficiently severe or pervasive to create a hostile work environment

Consequences of unchecked behavior

Inappropriate behavior, such as remarks and actions based on stereotypes, can escalate if unchecked by management. Silence is acceptance. When supervisors remain silent about inappropriate behavior, it effectively sanctions the behavior.

As behavior escalates you will typically find a targeted individual or group. This results in loss of integrity and professionalism and has a detrimental impact on the organizational mission. In some cases the behavior could culminate in abuse, such as threats and intimidation.

UAF policy: zero tolerance

The university will not tolerate inappropriate sexual or sexually harassing behavior, and works to prevent such conduct toward its students, employees and applicants for employment. Violation of this policy may lead to discipline of the offending party.

Employee rights

All employees and students are entitled to the following:

  • An environment free of unlawful harassment
  • An ability to file a discrimination complaint

Employee responsibilities

  • Appropriate behavior
  • Take advantage of preventive or corrective opportunities

Prevention

Supervisors, faculty and staff must exercise reasonable care to prevent harassment.

  • Enforce anti-harassment policies.
  • Provide a clear explanation of prohibited conduct and convey the seriousness of the prohibition.
  • Encourage employees to report harassing conduct before it becomes severe or pervasive, and ensure employees are protected against retaliation.
  • Provide employees with a copy of policy and complaint procedures.
  • Provide periodic training.
  • Include compliance with policy in evaluations.

Employees and students must take advantage of preventive or corrective opportunities.

Steps to take

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