University of Arkansas

University of Arkansas

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What is Sexual Harassment?

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against a person with respect to his or her compensation, terms, conditions or privileges of employment due to the employee's race, color, religion, sex, or national origin.

Title IX of the Educational Amendments of 1972 protects students from discrimination because of their race, color, religion, sex, or national origin.

Sexual Harassment is a form of sex discrimination and is prohibited. Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitutes sexual harassment.

There are two kinds of sexual harassment:

"Quid Pro Quo" Sexual Harassment

"Quid Pro Quo" harassment occurs when submission to or rejection of unwelcome sexual conduct by an individual is used as a basis for employment or educational decisions affecting that person.

"Hostile Environment" Sexual Harassment

A "hostile environment" may exist where a student or employee is subjected to unwelcome sexual innuendoes, vulgarity, touching, or propositioning even though submission to sexual advances has not been implied as a condition of continued employment or as a condition affecting educational decisions.

Under both quid pro quo and hostile environment sexual harassment, sexual conduct becomes unlawful only when it is unwelcome. Voluntary submission to sexual conduct will not necessarily defeat a claim of sexual harassment. For employees, the University goes even further to state that the employees' perspective is not the final test ... the final test is appropriate behavior for the workplace.

Our Responsibility ...

Make sure you are informed about what constitutes sexual harassment, investigate any allegations of harassment, and appropriately discipline harassers. We are responsible if we know or should have known about an incident or situation.

Your Responsibility ...

Behave in an appropriate manner. Respect others. Stop others from behaving inappropriately - and report anything you perceive as sexual harassment. (If you're not sure, see Kay Fairchild, University Compliance Officer, Office of Affirmative Action, ADMN 221, University of Arkansas - Fayetteville) The University has no tolerance for intentional false accusations or retaliatory actions.