This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. DEFINITION: WHAT IS SEXUAL HARASSMENT? Ideally, the University is a place where administrators, faculty, staff, and students can work and learn in an environment free from intimidating, offensive, and hostile behaviors. Sexual harassment vitiates against such an environment. Therefore, each member of the campus community has a significant and on-going interest in eliminating sexual harassment. University campuses have a responsibility to provide their members with the opportunity to develop intellectually, professionally, personally, and socially in a fair and humane environment. Sexual harassment is a complex and controversial problem both in the classroom and the workplace. Sexual harassment maybe overt or subtle. The acts constituting it may range from visual signals or gestures to verbal abuse to physical contact. The definition of sexual harassment may differ slightly among educational institutions. The types of behavior constituting sexual harassment may vary in degree of severity.Its definition always has one key element -- the behavior is uninvited, unwanted, and unwelcome. Sexual harassment in higher education is not a new issue, but has until recently been a hidden silent one. During the last few years, campus personnel from administrators and faculty to staff and students have recognized the problem in terms of its lost productivity, time consumption, and legal implications. In institutions of higher education, both the offender and the offender's supervisor can be held liable for acts of sexual harassment. Listed on the following pages are several examples of definitions for sexual harassment, including the University of Maryland at College Park's (UMCP) definition. 1) Sexual harassment is offensive sexual behavior by persons in authority towards those who can be benefitted or injured in an official capacity. Therefore, it is primarily an issue of abuse of power, not sex. 2) Sexual harassment is a breach of a trusting relationship that should be a sex-neutral and relaxed situation.It is unprofessional conduct and undermines the integrity of the employment relationship. 3) Sexual harassment is coercive behavior, whether implied or actual. It is unwanted attention and intimacy in a nonreciprocal relationship. 4) Sexual harassment is an illegal form of sex discrimination. It is a violation of Title VII of the Civil Rights Act of 1964, as amended, the federal law prohibiting employment discrimination. Sexual harassment of a student is a violation of Title IX of the Education Amendments of 1972. Title IX prohibits discrimination based on sex in educational institutions receiving federal financial assistance. 5) Sexual harassment is a violation of professional ethics. 6) The University of Maryland at College Park defines sexual harassment as: (1) "unwanted sexual advances; (2) unwelcome requests for sexual favors; and (3) other behavior of asexual nature where: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or participation in a University-sponsored educational program or activity; or B. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance, or of creating an intimidating, hostile, or offensive educational or working environment. *** "Sexual Harassment Between Persons Of The Opposite Sex Or Same Sex Is Not Only Prohibited By The University Of Maryland At College Park's Policy; But, Is a Violation Of Federal Law And May Violate The Civil And Criminal Laws Of The State Of Maryland. SEXUAL HARASSMENT: TYPES AND EXAMPLES Sexual harassment ranges from visual signals, gestures, or messages to verbal abuse and/or physical contact. Sexual harassment may be either subtle or blatant demands for sexual favors. All acts that constitute sexual harassment, however, can be distinguished from voluntary sexual relationships by the presence of coercion, threats, or continuous unwanted attention. Sexual harassment includes, but is not limited to, menacing behavior, sexual extortion, solicitation of sexual favors, and unwanted sexual interactions with students, UMCP employees, or persons with whom a close supervisory relationship exists. Sexual harassment can involve any member of the UMCP community including faculty, staff, teaching assistants, student employees,and students. In addition, an incident of sexual harassment may occur between a member of the UMCP Campus community and a visitor, patron, client, or a contractor working for UMCP. The "reasonable person" standard determines whether a particular behavior constitutes sexual harassment prohibited by the UMCP policy. The following pages of this section give examples of verbal and non-verbal behaviors of a sexual nature that may violate the Campus' policy on sexual harassment. VERBAL BEHAVIOR Listed below are examples of unacceptable verbal behaviors that may be in violation of the Campus' policy on sexual harassment. The behaviors listed below do not necessarily have to be specifically directed at an individual to constitute sexual harassment. Verbal Behavior * continuous idle chatter of a sexual nature and graphic sexual descriptions; * sexual slurs, sexual innuendos, and other comments about a person's clothing, body, and/or sexual activities; * offensive and persistent "risque" jokes or "jesting"and "kidding" about sex or gender-specific traits; * sexual teasing; * suggestive or insulting sounds such as whistling, wolf-calls, or kissing sounds; * sexually provocative compliments about a person's clothes or the way their clothes fit; * comments of a sexual nature about weight, body shape, size, or figure; * comments or questions about the sensuality of a person, or his/her spouse or significant other; * pseudo-medical advice such as "you might be feeling bad because you didn't get enough" or "A little Tender Loving Care (TLC) will cure your ailments"; * telephone calls of a sexual nature, by an employee or student matriculating at College Park, to an employee's or student's residence. It could be sexual harassment whether or not the calls pertain to business or academic matters. * "staged whispers" or mimicking of a sexual nature about the way a person walks, talks, sits, etc., * implied or overt threats if sexual attention is not given such as a blatant threat of giving a poor efficiency report,work evaluation, or grade if sexual favors are not forthcoming; * distribution of written or graphic materials that are derogatory are of a sexual nature; * repeated unsolicited propositions for dates and/or sexual intercourse. PHYSICAL BEHAVIOR Unwanted physical contact can range from offensive conduct to criminal behavior. One employee or student may feel that the physical contact is sexual harassment, while another may dismiss it as an annoyance. The examples of behaviors listed below involve actual physical contact with the recipient. (Some of these behaviors are explicitly sexual in nature; some may be accidental.) In any event, this unwanted physical contact should cease immediately when requested by the receiver or one seeking to mediate a resolution. Any actual, or perceived, criminal conduct should be reported to the Campus Police, 405-5726. * touching that is inappropriate in the workplace or classroom such as: patting, pinching, stroking, or brushing up against the body; * cornering or mauling; * invading another's "personal space"; * attempted or actual kissing or fondling; * physical assaults; * coerced sexual intercourse; * attempted rape or rape. GESTURES AND OTHER NON-VERBAL BEHAVIOR Gestures are movements of the body, head, arms, hands and fingers, face and eyes that are expressive of an idea, opinion,or emotion. Non-verbal behaviors are actions intended for an effect or as a demonstration. Gestures and non-verbal behaviors generally do not involve physical contact. Some gestures are intended only to get the attention of the recipient, while others are intended to provoke a reaction from the receiver. Listed below are examples of unacceptable gestures and non-verbal behaviors that may be in violation of Campus policy on sexual harassment: * sexual looks such as leering and ogling with suggestive overtones; * licking lips or teeth; * holding or eating food provocatively; * lewd gestures, such as hand or sign language to denote sexual activity; * persistent and unwelcome flirting. SEXUAL HARASSMENT: A FORM OF SEX DISCRIMINATION Sexual harassment is a form of sex discrimination. Presented below are some frequently asked questions and answers about sex discrimination, especially as it relates to sexual harassment. 1) What is Sex Discrimination? Sex discrimination can be defined as an act of preferential treatment and failure to provide equal opportunity to both genders. Title IX of the Education Amendments of 1972 prohibits discrimination based on sex. Title IX states that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance." Sex discrimination includes a broad range of behaviors, including sexual harassment. 2) Types of Sex Discrimination An individual may engage in sex discrimination when: a) S/He sexually harasses an individual; b) S/He gives rewards, punishments, assignments, promotions, merit increases, etc., on the basis of the recipient's sex and not the person's performance and merit; c) S/He engages in gender-biased communications about women or men; d) S/He treats others unequally on the basis of gender in work-related or academic duties or programs; e) S/He does not provide female students with the same academic opportunities as male students or vice versa; f) S/He engages in sexist language, risque jokes, or gestures with sexual overtones, in the workplace or classroom environment without a defensible work or educational purpose; g) S/He utilizes course materials that ignore or depreciate a group based on their gender; and/or h) S/He is in the position of an adviser and does not take an employee's or student's career and educational aspirations seriously because S/he believes the goals to be inappropriate to the employee's or student's gender. 3) WHAT CAN BE DONE ABOUT SEX DISCRIMINATION? Persons believing that they are subjected to sex discrimination may file a formal or informal complaint based on the classification of the complaint. For immediate advice or assistance in responding to a complaint, contact the following persons on campus: * YOUR SUPERVISOR, CHAIR, DIRECTOR, OR DEAN; * THE STAFF OF THE PRESIDENT'S LEGAL OFFICE (405-4946); * THE CAMPUS COMPLIANCE OFFICER IN THE OFFICE OF HUMAN RELATIONS PROGRAMS (405-2838); * THE EQUITY ADMINISTRATOR IN YOUR COLLEGE/UNIT; * THE EMPLOYEE SPECIALIST IN THE OFFICE OF PERSONNEL(405-5651/52/53) SEXUAL POLLUTION: THE POTENTIAL FOR SEXUAL HARASSMENT There are some acts perceived by the recipient to have a "sexual nature" that are offensive and annoying, but may not be sexual harassment. These offensive behaviors in the workplace or classroom pollute the working or learning environment. Therefore, these acts have been labeled sexual pollution. Sexual pollution has the potential of becoming a sexually harassing act. It is an offensive act and should be considered improper if not job related. Examples of sexual pollution are: * continuous "pet" name calling, such as "baby," "sweetie, "or " honey"; * referring to an individual as a "hunk," "fox," or "broad"; * referring to men in general as "dogs," "swine," or to women as "bitches," "wenches, " or "chicks"; * remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters (such as a nude magazine centerfold) in the office or classroom(unless job related or displayed for educational purposes); * sexually oriented practices or behaviors that: (1) an employee or student finds objectionable or offensive, (2) undermine an employee's or student's job performance or, (3) cause discomfort, embarrassment, and humiliation on the job or in the classroom; * explicit graphic displays, cartoons of naked bodies or pictures of simulated sexual acts (unless job related or displayed for educational purposes); * continuous gift giving with the intention of getting sexual favors inreturn. Supervisors are expected to discourage these offensive behaviors. Employers and employess are expected to observe professional conduct at all times. *** A Single Act of Sexual Pollution By Itself May Not Constitute Sexual Harassment. However, Continuous Acts With The Appearance Of a Sexual Nature May Violate The UMCP's Policy on Sexual Harassment. The "REASONABLE PERSON" Standard Will Be Used To Determine Whether a particular Behavior Constitutes Sexual Harassment Prohibited By The UMCP Policy. Violators Of The Campus Policy On Sexual Harassment Are Subject To Univerisity Discplinary Action And/Or Criminal And Civil Liability. CONSENTING RELATIONSHIPS DISTINGUISHED FROM SEXUAL HARASSMENT Federal and state laws prohibiting sexual harassment, Title VII Sexual Harassment Guidelines, and the UMCP Campus Sexual Harassment Policy all address the issue of unwelcome sexual conduct and must be clearly distinguished from purely personal, social, and consenting relationships. The intent of the UMCP Sexual Harassment Policy is to prevent sexual harassment and not to prohibit personal and social relationships among supervisors, co-workers, faculty, and students. However, consenting, or those which appear consenting, sexual relationships between supervisory and subordinate personnel, and any other relationship with a definite power differential is of concern to the University of Maryland. All should be informed of the substantial risks in an "apparently" consenting relationship where a power differential exists. Charges of sexual harassment, favoritism, bias or sex discrimination may be raised, even if both parties had initially consented to the relationship. **** See the Chancellor's Statement on Sexual Relationships and Professional Conduct in the UMCP Policies and Procedures on Sexual Harassment.