Webster University-Greenville Metropolitan Campus
The educational mission of a university is to foster an open learning and working environment. Any form of intimidation or discrimination is antithetical to this mission. Thus, Webster University is committed to providing faculty, staff, and students with an environment free from implicit and explicit coercive sexual behavior used to control, influence, or affect the well being of any member of its community. No member of Webster University may sexually harass another individual. Any form of sexual harassment is grounds for University disciplinary action. Sexual harassment also constitutes a violation of federal and state law.
Sexual Harassment
I. Definitions
A. Sexual Harassment
Harassment on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 and is also prohibited under Title IX of the Education Amendments of 1972. Sexual harassment can take many forms and is an unacceptable behavior in any community. It is defined as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitutes sexual harassment when 1) submission to such conduct is made with explicitly or implicitly a term or a condition if an individual's employment or education or 2) submission to or rejection of such conduct is used as a basis for employment or academic decisions affecting that individual or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or of creating an intimidating, hostile, or offensive educational or employment environment. (Adapted from Section 703 of Title VII and the EEOC's 1980 Sex Discrimination Guidelines)
It is often difficult to define exactly what constitutes a hostile, unwelcome, or offensive environment because individuals have different perceptions regarding sexual behavior. What one person may perceive as harmless fun another may view as offensive actions. Therefore, in the determination as to whether such conduct should be considered sexually harassing, conduct will be evaluated pursuant to a reasonable person standard of care. The reasonable person standard of care looks to the degree of care a careful and prudent person would use under the same or similar circumstances. This standard places the focus on the alleged victim's perspective of the conduct, and a claim of sexual harassment can be proven if a reasonable person would consider the behavior offensive, hostile, or unwelcome (Adapted from Sexual Harassment: Research and Resources, American Council of Education, 1991)
B. Consent
In many cases, the issue of consent is fundamental to determining whether a sexual offense has been committed. There are varying degrees and circumstances surrounding whether consent has been given. The following principles apply in the process of determining whether a sexual offense has been committed.
1. No Consent: an act is undertaken against a person's will; there is a clear lack of consent whether verbally or non-verbally expressed (No means No).
2. Lack of Consent: a person may be reluctant to engage in certain sexual behaviors. This reluctance can be considered a lack of consent if:
a. the person does not agree to specific behaviors or acts (for example, sexual intercourse) even though some sexual behavior (for example, kissing) has previously taken place; or
b. the person is not in agreement with not willing to comply with the specific sexual behaviors as indicated either verbally or by commonly understood non-verbal behaviors (actions and signals such as shaking of the head, pushing away).
3. Initiators and Consent: Affirmative consent is always required when one seeks to initiate a sexual encounter. A person may give consent either verbally or by voluntary acts unmistakable in their meaning.
C. Consent and Alcohol and Other Drugs:
1. When a person is unconscious due to alcohol or other drug use, consent cannot be given. Therefore any sexual activity that takes place when a person is unconscious is considered a sexual offense since the person is, by definition, incapable of consenting to the activity.
2. When a person is intoxicated from alcohol or other drug use, the ability to give consent is impaired due to the effects of the substance. Therefore, consent cannot be assumed. If a person initiates sexual activity with an intoxicated person, the initiator risks violating the consent principle.
II. Types of Sexual Harassment
The following are examples of sexual harassment that can occur in the work-place or in a learning environment. This list is a representative but not exhaustive of all inappropriate behaviors. All of the examples listed create a hostile or offensive work or learning environment based upon sex.
A. Gender Harassment: Behaviors and remarks that are not intended to lead to sexual activity (for example, sexist jokes or statements), but do create a hostile or offensive environment.
B. Seductive Behaviors: Behaviors such as flirting and touching that are unwelcome, offensive and produce a feeling of discomfort.
C. Sexual Solicitations by Promise of Reward: Behaviors of a sexual nature which establish a conditional relationship between employment or academic benefits and sexual advances or a specific act of sex. This is "quid pro quo" harassment. The initiator of this type of behavior is usually in a position of power or authority over the victim.
D. Coercion by Threat of Punishment: Any type of behavior of a sexual nature that is linked to or would suggest a denial of salary increases, positive evaluations, promotions, promise of a passing grade, etc.
E. Sexual Assault: Sexual Assault occurs when an assailant inflicts sexual intrusion or sexual penetration on a victim or when an assailant subjects a victim to sexual contact by force, threat or force, or implied threat of force, against the victim's will and/or without the victim's consent.
Detailed procedures which apply in alleged sexual offense cases may be
obtained from the local director or from the home campus in St. Louis.
(Taken from the Adjunct Faculty Handbook - Webster University - Oct. 1995)
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