Sexual & Dating Violence -- Sexual Harassment

What is Sexual Harassment?

Sexual Harassment is defined as coerced, unethical and/or unwanted sexual attention. By legal definition, guilt is determined by the impact of the harassing behavior on the victim and not by the intent of the perpetrator. In assessing whether an incident constitutes harassment - ranging from a strict violation of law to a case of inappropriate behavior - one must examine the entire context of the situation.

In addition to this general definition, UC Policy defines sexual harassment to be:
Unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other university activity.
  2. Submission to or rejection of such conduct by an individual is used as a basis for evaluating an individual.
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating or hostile University environment.

In determining whether the alleged conduct constitutes sexual harassment, consideration is given to the record of the incident as a whole and to the totality of the circumstances, including the nature of the sexual advances and the context in which the alleged incident occurred.

Sexual Harassment is

  • primarily an issue of power, not sex. It occurs when a person with power abuses that power.
  • confusing because the boundary between professional role and personal relationship is blurred.
  • introducing a sexualized personal element into what should be a gender neutral situation (e.g., classroom, work context).

Sexual Harassment is not

  • a relationship of mutual consent
  • a hug between friends, colleagues, or co-workers
  • a mutual flirtation

What to do if you have been Sexually Harassed.

  • Let the harasser know that you do not like it.
  • Talk to someone about it.
  • Keep a record or diary of dates, places, times, and witnesses.
  • Write a letter to the offender requesting that it stop. Keep a copy of everything: letter, transcripts of phone calls, conversations, etc.
  • Use the University’s Informal Complaint Resolution Procedures:
    • Request an informal settlement by the Title IX Compliance Officer.
    • File a formal written complaint with the Title IX Compliance Officer.
    • Use the University Grievance Procedures for complaints of sexual discrimination.

What to do if you know someone has been Sexually Harassed.

  • Be supportive by listening and taking what the person says seriously.
  • If you want to hug or touch the person to show your support, ask him or her first. Remember, the person may have been violated and did not have control over what was done to his/her body. By asking if the person wants touch, you help him/her take back control.
  • Don't ask "why" questions; they can make the person feel judged.
  • Tell the person that it's not his/her fault. Most survivors will blame themselves for what happened. It is important to counter that with strong messages that the harassment/assault was the fault and responsibility of the perpetrator and not the survivor.
  • Don't judge his/her actions leading up to, during, or after the incident. Regardless of what the survivor was wearing, drinking, etc., the perpetrator is responsible.
  • Allow the person to make his/her own decision about whether or not to report the assault, who to tell, etc. Support those decisions.
  • Allow the survivor to share what he/she wants when he/she wants. Don't pressure the person to share information before he/she is ready.
  • Offer resources. Encourage the person to get support.
  • Tell the person that everything he/she decides to share with you is confidential (see the exceptions below).
  • Get support for yourself. You deserve it.

Remember: These suggestions are by no means exhaustive. Use your own judgment, and when in doubt, you can always refer people to your supervisor(s) or to the Gender Equity Resource Center.