(Approved by faculty, April, 2003)

Definition of Sexual Harassment

Sexual harassment is a form of discrimination which is prohibited by law. Sexual harassment is unwelcome verbal or physical conduct of a sexual nature, which creates an unproductive or offensive, hostile, or intimidating working or learning environment and which has a harmful effect on an individual. Federal law provides that it shall be an unlawful discriminatory practice for an employer, because of the sex of any person, to discharge without cause, to refuse to hire, or otherwise discriminate against a person with respect to any matter directly or indirectly related to employment or academic standing. Harassment of an employee or student on the basis of sex violates federal law. Sexual harassment of employees or students in the University System of Georgia is prohibited (Section 802.18 of Board of Regents Policy) and shall subject the offender to dismissal or other penalties in compliance with procedural due process requirements.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are inappropriate in the university environment. Such conduct constitutes sexual harassment when the Sexual Harassment Committee confirms that the conduct constitutes sexual harassment and when the offended party perceives the conduct to have the same effect as described in #1, #2 or #3 below:

1. Submission to such conduct is made explicitly or implicitly a term or condition of a individual’s employment or academic standing; or
2. Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting an individual; or
3. Such conduct unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile, or offensive working or academic environment.

Examples of sexual harassment may include but are not limited to:

• inappropriate comments of a sexual nature including remarks about a person’s clothing, body, sexual activity, experience, or orientation;
• inappropriate letters, notes, or other written materials;
• inappropriate sexually explicit statements, questions, jokes, or anecdotes;
• suggestive or insulting sounds;
• suggestive or obscene gestures;
• inappropriately displaying sexually oriented materials such as photographs, videos, computer images, graphics, cartoons, or drawings. It should be noted that sexually explicit materials may at times be appropriately used in academic settings.
• inappropriate touching, patting, hugging, or brushing against a person’s body;
• attempted or actual kissing or fondling;
• inappropriate invitations or propositions for sexual activity.

This pattern of conduct creates a hostile environment when the conduct unreasonably interferes with a person’s work or academic environment. A single remark is not likely to be considered sexual harassment.

Scope of Policy

It is important to note that, under this definition of sexual harassment, it is not necessary that physical harassment occur or be threatened or intended. It is also important to note that conduct of this type can result from a lack of awareness of the offended person’s sensitivities or from an attitude of general indifference toward the sensitivities of others.

If lack of awareness or insensitivity is a factor, the most immediate solution to sexual harassment might well be that the offended party advises the other party that he/she finds the other party’s conduct (touching, language, graphics, etc.) to be offensive (intimidating, hostile, etc.) and asks that the other party refrain from this conduct. Offensive conduct is a basis for complaint even where no conditions regarding employment or academic standing have been implied or expressed.

This policy is intended to cover sexual harassment by peers or by persons at different levels of authority in the work or study environment (for example, faculty-faculty, staff-staff, student-student, student-faculty, faculty-student harassment, etc.) This policy applies only to sexual harassment. Those who feel they have been harassed or discriminated against for other reasons, such as gender or race, should avail themselves of other grievance procedures (see appropriate grievance procedures). More severe behaviors, such as stalking or threats to physical safety, should be reported to Public Safety or the police.

Continued next page...