Introduction

Sexual harassment is illegal! Sexual harassment is a violation of federal law under section 203 of Title VII of the 1964 Civil Rights Act, and as amended in 1972, Title IX of the Education Amendments of 1972. Additionally, New York State Executive Order 19 expressly forbids sexual harassment in state financed agencies.

Sexual harassment is a serious problem at all schools – elementary, secondary, and post-secondary. According to Hostile Hallways: The American Association of University Women Survey on Sexual Harassment in America's Schools, four out of five students have experienced some form of sexual harassment in school. College students are more vulnerable to sexual assault than any other age group. The majority of victims and offenders are college age, the rate of victimization being highest among 16 to 19 year-olds. According to the UB Sexual Assault Prevention Compliance Statement for the 1999-2000 Academic year, women between 20 and 24 years of age experience the second highest victimization rate.

Under Title IX, schools receiving federal financial assistance cannot discriminate on the basis of sex, which includes sexual harassment. Title IX applies to all school-sponsored activities including athletics, field trips, extracurricular programs, and bus transportation. Title IX protects both male and female students and school employees from sexual harassment, even in cases where the harasser and victim are the same sex. In addition, the victim does not have to be the person harassed, but could be any individual affected by the offensive behavior.

What is Sexual Harassment?Any unwelcome sexual advances, requests for sexual favors and other verbal or physical contact of a sexual nature constitutes sexual harassment when:

  1. Submission to such contact is made either explicitly of implicitly a term or condition of an individual's employment or academic advancement;

  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual;

  3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or creating an intimidating, hostile, or offensive environment.

Conduct is unwelcome if the student does not invite or request such conduct and views it as offensive or undesirable. It is important to note that just because a student does not immediately speak out or complain does not mean conduct was welcome. Students may feel intimidated by the conduct and/or fell too embarrassed, confused, or fearful to complain or resist. Also, a student who willingly participates in such conduct may later decide the same conduct on a subsequent occasion has become unwelcome.

Two common forms of sexual harassment:

  1. Quid pro quo harassment

    This type of harassment occurs when a school employee causes a student to believe that he/she must submit to unwelcome sexual conduct in order to participate in a school program or activity. This can also occur when an employee causes a student to believe he or she will base an educational decision (such as a class grade) on whether or not the student submits. It does not matter whether the student refuses to submit to the demands and suffers the threatened harm or does what the employee wants and thus avoids harm. In both cases, such conduct is illegal.

  2. Hostile environment harassment

    The unwelcome conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment. An employee, another student, or a visitor to the school can create such an environment. Usually, hostile environment harassment requires a series of events, although it may also be created by a single, severe incident such as a rape or sexual assault. To determine whether sexual conduct creates a sexually hostile environment, several factors are taken into consideration: nature of conduct, frequency of occurrence, length of occurrence, age and sex of student, whether conduct adversely affected student's education, whether the alleged harasser was in position of power over the victim, the number of and of harassers, and/or where the harassment occurred.

Preventing and addressing sexual harassment is essential to an environment conductive to learning. If ignored, sexual harassment is likely to continue and intensify. Schools must take immediate and appropriate steps to curb such harassment and to prevent escalation in conduct.

Identifying Sexual HarassmentHarassers:
The sexual harasser is often someone who is in a position of authority: someone who could affect your education or employment status. He or she may be in a position to evaluate your performance, write recommendations, or otherwise contribute to or detract from career or educational enhancement. However, the harasser can be someone who has no authority over you, even a fellow student, co-worker or roommate. The sexual harasser is any individual whose conduct interferes with you academic or employment status, or whose conduct creates a hostile, offensive, or intimidating working, living or educational environment at the University.

Examples of sexual harassment:

Victims

Common reactions of people who are subjected to harassment include feelings of anger, guilt, helplessness, frustration and fear. There are often concerns about personal safety, loss of privacy, and the threat of retaliation, if the incident(s) are reported. Sexual harassment undermines the self-confidence, well being, and peace of mind of the victim, and damages the spirit of trust and friendship that contributes to a safe and productive educational environment. Sexual harassment can threaten a student's physical and emotional well being, influence a student's performance in school, and make it difficult for a student to achieve his or her career goals.

What Should a Victim of Sexual Harassment Do?

The victim should first directly inform the harasser that the conduct is unwelcome and must stop. It is important for the victim to communicate this, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed. A verbal or written objection to the offensive conduct is helpful if you later decide to file a grievance against the individual. However, a victim of harassment does not need to confront his or her harasser directly, as long as his or her conduct demonstrates that the harasser's behavior is unwelcome. The victim should first use the school's grievance procedure to correct the problem, but if these methods are ineffective, he or she should contact the Office of Civil Rights as soon as possible.

What to do if you are harassed:

Do:

Don't:

If the sexual harassment is in the context of an employment setting, the victim should contact the Equal Opportunity/Affirmative Action Office at (716) 645-2266. Information on all U.S. Equal Employment Commission laws may be obtained by calling toll-free 1-800-669-EEOC.

Policy of the State University of New York at BuffaloThe Sexual Harassment Information for Students manual from the Office of Equity, Diversity, and Affirmative Action Adminstration states: "The State University of New York at Buffalo does not condone harassment of any kind and is dedicated to eliminating both blatant and subtle forms of sexual harassment within the university community."

According to the 1999-2000 Undergraduate Catalog:

"Sexual harassment of employees and students, as defined below, is contrary to university policy and is a violation of federal and state laws and regulations."

"No university employee of either sex shall impose a requirement of sexual cooperation as a condition of employment of academic advancement, or in any way contribute to or support unwelcome physical or verbal sexual behavior."

Any member of the university community who requires additional information or who wishes to file a complaint or receive a copy of the university procedure to be followed for complaints arising from matter related to the policies outlined above should contact:

Ms. Loyce Stewart
Affirmative Action Officer
The Commons Room 108
(716) 645-2266

SUNY at Buffalo Campus Sexual Assault Prevention Compliance Statement for the 1999-2000 Academic YearThe entire updated compliance statement is available online at http://www.ub-judiciary.buffalo.edu/art11b.html

All federal, state, and municipal laws apply on campus and are considered part of the UB student conduct rules and university standards.

Any student who is found to have committed physical violence or abuse (such as rape, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct that threatens the health and safety of any person) is subject to campus disciplinary action, in addition to any other legal action.

Sexual assault is any actual or attempted non-consensual sexual activity.

Rape is the act or attempted act of sexual intercourse with a person against his/her will and consent, whether his/her will is overcome by force or fear resulting from that force or by drugs administered without consent. Having sexual relations with someone who is unable to give consent because they are unconscious or mentally incapacitated is rape.

The most prevalent form of rape on college campuses is acquaintance or "date" rape. It is important to keep in mind that regardless of the relationship between two individuals, if one person uses force to coerce another into submitting to sexual behaviors, or if the other party does not give consent, the act is unlawful. The same criminal prohibitions and penalties apply in cases of acquaintance rape and rape by a stranger.

Under New York State Penal law, criminal sex offenses are classified from Class A misdemeanors to Class B felonies. These offenses, including sexual abuse, sexual misconduct, and rape are punishable by fines and sentences ranging from six months to 25 years in prison.

Campus Disciplinary ProceduresDuring or after the completion of an investigation by the Department of Public Safety, details of alleged sexual assault are provided to Judicial Affairs. Failing an administrative resolution, Student-Wide Judiciary (SWJ) proceedings are commenced. For more information about procedure, rights and obligations of SWJ, contact:

Office of Judicial Affairs and Ombudsman
Capen Hall
http://www.ub-judiciary.buffalo.edu/swj.html

SWJ can institute a range of sanctions, including, but not limited to: warnings, notation on student's record, restitution, removal from residence halls, loss of privileges, rehabilitation of student, disciplinary probation, suspension, or permanent expulsion.

Sexual assault may be reported to the Department of Public Safety, municipal police, residence hall officials, or Student Health Center, by victim or by proxy. Immediate reporting is highly recommended. A disciplinary complaint may also be filed with SWJ for action against a perpetrator if he/she is a student that may be done in conjunction with, or as an alternative to criminal prosecution.

Individuals may report a sexual assault anonymously to assist with the compilation of statistical records for assaults that occur on campus. Filling out such a report will result in an investigation. A person who has been assaulted may fill out the form individually, or ask a third party – a proxy to do so. Campus personnel other than those with counseling responsibilities must file a report when informed by a student of a sexual assault to maintain campus compliance with the Federal Crime Awareness Act. The sexual assault anonymous report form is available at http://www.ub-judiciary.buffalo.edu/proxy.html.

An individual may also speak with the Equal Opportunity/Affirmative Action Office, 517 Capen Hall where any conversation is kept in confidence. According to the Office of Equity, Diversity, and Affirmative Action Administration, regardless of the options you pursue in dealing with harassment, University Policy provides for the following:

  1. Complaints will be handled with confidentiality.

    University procedures for investigating and resolving sexual harassment complaints ensure confidentiality for all parties to the greatest extent possible. In each case, the complaint handler will seek the permission of the individual bringing the complaint before disclosing information and will discuss any concerns regarding confidentiality.

  2. Complaints will be handled as quickly as possible.

    If an investigation or longer resolution period is required, the parties involved will be updated regularly on the status of the inquiry.

  3. Retaliatory behavior will be addressed.

    Retaliation for filing a complaint is illegal and violates University policy. Retaliatory behavior can take many forms: discriminatory action that may affect work or grades, ostracism or further objectionable behavior by the person against whom a complaint was made. The fear of such actions may prevent many from reporting harassment. Be assured that retaliatory actions related to a sexual harassment complaint will be treated seriously.

Packet Published 1999, 2001

Researched and composed by Elizabeth Fox-Solomon.

Revised by Marybeth Priore 1999, Betsy Snyder 2000, John Menard 2001

SBI Legal Assistance Director: Alex Melville

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