Sexual
harassment takes two forms under the law: (1)
Quid pro quo or (2) hostile atmosphere. Quid
pro quo harassment occurs where an individual retaliates against another
for submitting to, or refusing to submit to, sexual harassment. This
refusal may include refusing sexual advances, rejecting physical contact,
or denying requests for sexual favors. The
retaliatory action may include the denial or a promotion, the levying of
discipline, lowering of a student grade, or termination of employment.
Quid pro quo harassment also occurs where submission
to sexual harassment is proffered as a condition for favorable treatment. This
favorable treatment may include promotion, wage advance, or academic advancement.
Hostile atmosphere is the other form of sexual
harassment. An individual’s
conduct, whether intentional or unintentional, may create a hostile, intimidating,
or offensive learning and working environment for others. This
hostile environment may be created by repeated and unwelcomed sexual advances
or requests for sexual favors. Also,
unwelcomed verbal or physical conduct of a sexual nature may create a hostile
atmosphere. Such conduct includes,
for example, unsolicited gestures or comments of a sexual nature, display
of offensive, sexually graphic materials, or physical conduct of a sexual
nature.
See the Student Planner and Handbook (pages 141 through 142) for a discussion of the process of complaint resolution.