Sexual Harassment Scenarios: What Would You Do?

bitel is correct: most institutions actually spell this out explicitly these days, and even administer tests using the same kinds of scenarios. I’m kind of glad, because I was once accused of ‘sexual harassment’ for explaining the sexual harassment code at our institution to faculty and staff for whom I’m responsible. These situations continue to be plagued by unfair secrecy that leaves the accused without adequate access to defense, and by deception on the part of ‘victims’ with other agendas. So we’re not out of the dark ages on this yet.

These patterns of harassment will not change unless they are addressed, but it is also clear from my experience that upper administrators (including OEO officers) are rather timid in dealing with such issues because they seem difficult to “prove.” As a department chair, I do follow up on every complaint brought to me, being particularly alert to the specifics of each situation. Some charges are so serious that they need to be addressed by someone in higher administration, but in the case of those outlined above, the situation may well be resolved by conversation with an accused offender. It sometimes does turn out that the person has never scrutinized her or her own behavior to recognize a pattern immediately obvious to peers. Timing and circumstances are of critical importance. Surprisingly often students want someone to take action to ensure that no one else endures the same problem; in some cases they need and want quick redress and assurances that there will be no retaliation. Students need to be protected and so the question is whether it is essential to intervene quickly or wait until the end of the semester, for example. I always ask their opinion. Faculty members want to know that there will be intervention if the problem persists. Untenured faculty are vulnerable and the strategy for approaching the apparently offensive professor may be different than when dealing with two tenured faculty members. But harassment of one faculty member by another, whether sexual or not, should not be allowed to persist.In my years of chairing more than one department over a long career, I have found that many problems can be addressed quite directly and, while there may not be an admission of guilt, the offensive behavior is often curbed. I always tell the offender that I am putting a note in the file about our conversation, adding that a second offense would require me to take the issue to someone else (the dean, the OEO). I wish, however, that those above me would be so quick and direct when such issues do get to their desks. Department chairs are in a good position to intervene and they have been chosen to show leadership – this is one place where they can and should.

I agree with 4, above. As a department chair, I dealt with an issue of a student harassing a colleague. I met with the student privately, discussed her behavior and presented to her why it was inappropriate, suggested that the complaint would have to go further up the administrative ladder if she didn’t stop. She stopped.I’ve also seen the reverse happen, when a relatively innocent situation quickly escalates out of control because the department chair immediately kicked it up to the Academic VP. The whole thing was a disaster for all concerned and has left continued acrimony even though the event is 15 years on the past.In the first example above, I would be inclined to take the issue to my department chair (not clear whether these faculty are in the same department). I would prefer to see a third party deal with it delicately, and as the female professor, I would explain to the student the outlines of my response and ask her to contact me immediately if things don’t change. This case is so subjective (in my eyes, at least) that taking it too far too fast would only make a mess of things and harm all involved. I have, unfortunately, had colleagues who do this, and while I’ve tried to drop hints in some cases, I haven’t had the guts to confront him outright (I was a junior faculty at the time). When I spoke to colleagues about the issue, the response was “I know; that’s just X.” Mark one failure for me. On the other hand, there are students who are hypersensitive. Such behavior is very hard to document.Scenario 2 is a grievance case waiting to happen–against the harassing supervisor and the HR department. If the HR office takes no action, then the case should be taken to the next level, even if that means taking it, ultimately, all the way to the president. However, I think there might be a nuance here of not wanting to confront someone of an ethnic group and then be accused of prejudice. In my experience, HR offices exist to protect the institution, not its employees. There could be an opportunity for fact-finding here by asking other colleagues and then, first, presenting the situation to the offender and counselling that he alter his behavior. I suppose I prefer informal routes before the formal routes because so much damage can be done once the adminstrative machinery kicks into gear. Scenario 3 should go to the offender’s department chair, first, and needs to be dealt with severely. The computer is university property or is using the university network, so it can be scrutinized. Any pornographic or even suggestive material does not belong on anyone’s computer in the workplace. This should invite at the least an immediate reprimand, an insistence on an open door policy (as in the door is always open when x meets with students), and on-going scrutiny (counselling?) of the offender. As in 1, the student deserves to be told the actions taken and encouraged to keep in touch with the faculty contact to discuss further issues. In both 1 and 3 the student needs to know she or he has been heard, taken seriously, and cared for.But this is tricky, very tricky. I’ve been told to keep my sexual orientation a secret because it could invite charges of harassment. Yet I feel that being open about myself as appropriate is essential to my teaching–it’s an intellectual outlook as much as it is an aspect of private behavior. I generally incline to the side of honesty and therefore risk, trusting that my own integrity will help carry me through should a case arise. That trust may well be misplaced, however. And one suggestion of misbehavior tars one for a long time to come. People remember the accusation, not the resolution, which might even have to be kept private.Finally, I would note here that students have more power in these settings than we might want to acknowledge, if for no other reason than that they can threaten harassment accusations and the accused party is usually considered guilty until proven innocent. Whenever I have encountered an iffy situation, I have always told my department chair or dean as soon as possible and written up a narrative of the event: as in the case of a young woman who felt it was appropriate to wear a bustier to class. I suggested she was dressing inappropriately and reported the conversation to my chair.

In all three cases, refer to the institution’s sexual harassment policy and follow its directives. Usually the first step is for the individual who is harassed to speak directly to the offender and tell him/her that what s/he is doing is creating an uncomfortable situation. If that doesn’t correct the problem, further complaints should be made as the policy directs.In case #2, take it a step higher–to whomever HR reports and to in-house counsel.If the institution is unresponsive, report the situation to the EEOC.

Welcome to grown-up land, I would say to all of them, where creepy stuff like this happens from time to time; heck it can happen before you get to grown-up land. Then I would advise each to either address it to the individual involved (possibly via an anonymous letter slipped into a mailbox) or in the presence of someone else (I would advise against one on one conversations), to that end I would suggest they talk to the appropriate office in the University to help them resolve the uncomfortable situation.If I were a Full Prof I might (if I know both of them well) be tempted to wade in as a mediator but I would most probably not do so and would thus, in each case, try to avoid knowing the name of the individual fac involved; I would never have all of the facts, thus my specific knowledge of the situation would be very very limited and therefore entirely invalid and would unfairly taint opinion of the person.

This is a good article in that it provides specific examples. I think there needs to be more specific examples and these should be included with university policy on sexual harrassment because the issue can be so nebulous. There are those who do not know where the lines are drawn on sexual harrassment and by that I mean, what is sexual harrassment? and what is false-accusing that can be exploited for any number of reasons. There are also neurotic people out there who take out their angst or neurosis by entangling someone and then using it to claim aggression or something.When I see “harassment” or “sexual harassment” is a policy manual (and of course everyone is accountable to the rules of the policy manual), truly, I do not know the specifics of what it means. I have managerial harassed in the work place. This was not sexual harassment but I certainly know what harassment is, it is a terrible thing. In this case, a retired person was re-hired as a “consultant” and would go around and target people for conspicuous review. I more or less tolerated it but had to seek representation to make it stop.I also have questions about university workplace and dating. My best friend married one of his students and they have a stellar marriage. When they met, he was a .phd student teaching and she was an undergraduate student. They are both very civil and I expect the relationship developed after the teacher/student course was done, maybe a year or two later. I think it would help to have specific guidelines on these matters, specifically, relationships between faculty, students, or staff.It is natural for people to meet their mates in work environments however in three education work environments I have been in, I noted in each how incredibly upright the issue of socializing is. I noted that to me, this is different than in the world outside of education work. USA seems to have a profound issue with controlling people and setting rules. I do not expect to ever see these issues defined and it says something about my cynical view of the USA education workplace, which is so complete to control emotion and relation, but cowardly and evasive to sensibly define.One time as part of a course outside of the US, I (male) interviewed a woman business executive. This was assigned, in pairs we were each sent to different companies. This woman was powerful and attractive and dressed stylishly in a way that did not prohibit sexuality and at the same time there was no use of seduction or any uncomfortableness. After the business and company related part of the interview, I told her that sexual harassment in the USA was a concern in the workplace, there were lawsuits, etc. and did she have a comment on that? The woman was quick about it and dismissed the issue as petty and said “We know how to take care of ourselves.” Point being, she could live her life as she pleased. She certainly was not a victim and she certainly did not have her post because she was an ornament, she was fiercely capable. This leaves me thinking “there is a world out there” and I look forward to time away from the USA.

I’ll pu this question to Prof. Hacker-maybe it can be addressed in a separate column. I’ve recently learned that the terms “harassment” and “hostile work environment” apply almost exclusively to an openenly “sexual” situation, where the accused and accuser of of the opposite sex. And of course, as many men will correctly attest, the terms are far more often applied with the accuser is female and the accused is male. Leaving behind the unfair and difficult situation that creates, I’d like to get some clarity on whether these terms are intended to apply only to male-female interaction, whether this varies by state, and, please, tell me, is there another word to use when a female jounior faculty member is treated to threats, comments on her appearance, bitter complaints and professional reprecussions for having taken maternity leave, “opportunities” to do special favors (not of a sexual nature, but say, teach the senior professors’ class) in exchange for better treatment, and demands for deference from a senior female colleague?

@abcde1234 – You are correct in your understanding of both Title VII (applying to faculty/staff as being victims of harassment) and Title IX (students as victims) that the essence of sexual harassment concerns behavior that is sexual in some form. There have been some cases where s.harrassment principles have been applied to same-sex harassment and harassment based on sexual orientation. According to Kaplin and Lee (2007), experts in higher education law, state law varies, but some address harassment that occurs through “intentional (or negligent) infliction of emotional distress, assault, battery, negligent hiring, negligent supervision, and negligent retention” (p. 444 of The Law of Higher Education, 4th ed.). Consult with legal counsel, of course, for applicable statutes in your case and state.

Fyi, according to my institution’s training material: of reported cases, sexual harassment is:90% male to female5% male to male4% female to male1% female to femalewith the caveat that men may be reluctant to report cases where they are the victim.@english_ivy: I’d disagree with your option here: “I would lean towards always offering a simple and safe easy way out like an anonymous note printed on a University computer slipped into a mailbox on a Friday afternoon when only the secretaries are still working. In the case of scenario one: “I am (or I have been) a female student in one of your classes. I feel uncomfortable when I see you ‘checking out’ me or other girls in the class. I know you are a good teacher and care and I don’t believe that you would do this if you know how uncomfortable it makes some of us.”Absolutely, going straight to administrative procedure is a way to make the impact of what might be a small remark way to huge, and can unnecessarily damage career(s). But going to a department chair who can talk to the person is the way to go; anonymous notes could (would) be read as potentially threatening, and more to the point they give no way to for the accused to fix the problem, and no one to talk to. And–what if the professor can’t identify where or when this might have happened? A note like this may very well create fear and resentment in the classroom towards and about students on top of whatever other issues are going on. The opportunity for misreading the note’s intention are too great.It should be reported to the chair, perhaps through a faculty member (in whatever department) or even an older student whom the threatened student can trust. Any decent chair who comes in to the faculty member would and should be there not just to tell what happened, and explain the problem, but also to give solutions, to help the accused through the problem (and it should be seen that way, not as a mere crime, yet, according to your scenario). It also means that something has been reported–as one responder above said, a note has been put in the file, and if it happens again, maybe further action can be taken. The anonymous note can’t do that, and potentially shuffles the problem down the road.

If you got a real complaint, go for it. Do not stand for abuse. But there are also persons who socialize and do not infringe.I like being around “warm people.” I do not mind if someone looks at me or talks to me or even flirts and laughs. Social chess used to be something fun and a way to exhibit wit and intelligence. This was likely before the harsh movies and tv occupied the public mind, when people invented their own entertainment on a local level.Additionally when I attended high school, I didn’t know it at the time but it was a prestigious prepatory school, the gay drama teacher (one of the best English teachers I’ve had) had it going on with his star male actor, a student. No one could care less. They used to have late night parties at the teacher’s apartment. No one in the school was concerned, nothing was hidden. It was “good for them, more power to them.” Since then, this teacher has moved on to be the director or a prominent theater company. I do not know what has become of the senior student but he seemed just fine with things, exhibiting no anxiety whatsoever. And basically, everyone was nice people. There was practically no conflict ever except when some students objected to a yearbook photo of students around an expensive Mercedes automobile. It was said to be materialistic, this was the complaint.