Sexual harassment is repeated unwanted attention of a sexual
nature or, more simply put, repeated unwanted attention that is based on
sex. Therefore, as a form of discrimination based on sex, sexual
harassment is not only an assault on personal dignity, but it is
actionable under Title VII and Title IX of the Civil Rights Act. This
kind of discrimination (which can consist of words and/or actions) may
or may not have sexual content, but it must subject members of a
protected class (men or women) to conditions of employment or education
that are significantly worse than the conditions experienced by the
non-members of the protected class. For example, if a professor makes
repeated remarks about the inability of women to learn math that creates
a learning environment for women that is significantly worse than the
learning environment for men in the same classroom. Though the remarks
have no overt sexual content, they harass a group of persons on the
basis of their sex. This degradation of persons and of the learning
environment constitutes discrimination and is actionable under Title IX.
In the same way, if a professor engages in a romantic relationship
with a student, that professor is using sex to create conditions for all
other students that might be worse than for the student who is
privileged by the relationship. The professor could also be taking
advantage of his/her position of authority to demand sexual favors of
the student, thus creating a hostile or even abusive environment for
that student by means of sex. That is why these relationships constitute
sexual harassment. The consent of a student to a sexual or romantic
relationship with a faculty member is not sufficient to make this
relationship legitimate, since the element of authority—the power
differential between a student and a professor—is still present and
cannot be eliminated. For this reason, romantic or sexual relationships
between Calvin College faculty and students are never acceptable.
Calvin College will not tolerate sexual harassment or abuse of any
kind. It is our collective responsibility to promote a safe learning
environment. Sexual harassment by any member of Calvin’s faculty, staff
or student body is an assault on personal dignity and a violation of
federal and state law. Calvin affirms its commitment to maintaining an
educational and working environment that is fair, respectful, and free
from sexual harassment. No one at the college may retaliate against a
person who makes a bona fide claim of sexual harassment.
Types of Sexual Harassment
Sexual harassment can be verbal (comments about a person's
body, spreading sexual rumors, sexual remarks or accusations, dirty
jokes or stories), physical (grabbing, rubbing, flashing or mooning,
touching, pinching in a sexual way, sexual assault) or visual (display
of naked pictures or sex-related objects, obscene gestures). Sexual
harassment can happen to women and men, transgender and intersex
persons, and those who are non gender-conforming. It is not limited by
sexual orientation.
Some types of verbal behavior that might constitute sexual harassment are:
- Continuous idle chatter of a sexual nature and graphic sexual descriptions;
- Sexual slurs, sexual innuendoes and other comments about a person’s clothing, body and/or sexual activities;
- Offensive and persistent risqué jokes or jesting and kidding about sex or gender-specific traits;
- Suggestive or insulting sounds such as whistling, wolf calls or kissing sounds;
- Sexually provocative comments or compliments about a person’s clothing or the way their clothes fit;
- Comments of a sexual nature about weight, body shape, size or figure;
- Comments about the sensuality of a person, or his/her spouse or significant other;
- Distribution of written or graphic materials that are derogatory and are of a sexual nature;
- Repeated unsolicited propositions for dates and/or sexual relations;
- Asking about sexual fantasies, preferences or history.
Examples of gestures or non-verbal behaviors that might be considered sexual harassment are:
- Sexual looks such as leering and ogling with suggestive overtones;
- Licking lips or teeth, winking or throwing kisses;
- Holding or eating food provocatively;
- Lewd gestures, such as hand or sign language to denote sexual activity;
- Persistent and unwelcome flirting;
- Staring at an individual or looking a person up and down (elevator eyes);
- Displaying sexually suggestive pictures, calendars, posters, statues, etc.
Unwanted physical contact can range from offensive behavior
to criminal acts. While some might dismiss some of these behaviors as an
annoyance, others will consider them to be sexual harassment. It should
be stressed that all of these behaviors are inappropriate in the
workplace. Some examples of unwanted physical contact that might be
considered sexual harassment are:
- Touching that is inappropriate in the workplace or
classroom, such as patting, pinching, stroking or brushing up against
the body;
- Giving a massage around the neck or shoulders;
- Attempted or actual kissing or fondling;
- Cornering or mauling;
- Physical assault;
- Coerced sexual relations;
- Attempted rape or rape;
- Touching or rubbing oneself sexually around another person;
- Pranks such as exposing underwear or parts of the body;
It should be stressed that while some behaviors may be
offensive, unprofessional and/or against college policy, they may not
necessarily be considered sexual harassment. For example, general use of
profanity and vulgar language may not be sexual harassment unless it is
sexually oriented or overused to the point that a hostile work
environment is created.
Perception vs. Intent
An individual’s perception of what is, or is not, sexual
harassment, adds greatly to the complexity of the sexual harassment
issue. Well intentioned gestures such as a pat on the shoulder,
touching, risqué remarks, jesting comments of a sexual nature or
physical contact may be interpreted as acts of sexual harassment by one
recipient, while another may dismiss them as merely annoying. Likewise,
some individuals may perceive leering or ogling as sexual harassment,
while others may perceive the same behavior as looking or staring and
may attribute no meaning to it.
Often people accused of sexual harassment may not realize
that they have committed acts of harassment. Accused harassers may have
intended only to be funny or even complimentary, and may believe that
their conduct is not only appropriate and acceptable, but also
appreciated. They are often truly shocked when they are told that
someone considered their behavior to be sexual harassment.
In determining whether behavior is to be considered sexual
harassment, the courts generally use the “reasonable person” standard.
Using this standard, the court asks whether a reasonable victim of the
same sex as the plaintiff would consider the comments or actions
sufficiently severe or pervasive enough to create an abusive working
environment. Another way to look at the issue — and your own behavior —
is to ask whether you would want your spouse/partner, child or parent to
be subjected to the same type of behavior.
Federal law recognizes two types of sexual harassment:
- Quid pro quo (Latin for "this for that")
For example, it is sexual harassment when a teacher or
school employee offers a student a better grade or preferential
treatment in return for sexual favors or if a teacher threatens to lower
a grade if sexual contact is refused.
- Hostile environment
Sexual harassment also occurs when sexual touching or
comments create an environment where people feel uncomfortable and
unsafe, or are prevented from participating in or benefiting from a
program or activity. This type of harassment does not have to involve a
threat or promise of benefit in exchange for a sexual favor.
Remember: Any romantic or sexual relationships between
people in positions of power or authority over others constitute an
abuse of power and are, by definition, abusive. For this reason, Calvin
College prohibits romantic relationships between faculty members and
students, between students and staff members in mentoring positions, and
between employees when a supervisory relationship is involved.
What to do
If you have experienced sexual harassment or abuses of power
at Calvin, or suspect that someone you know might be involved in a
situation of harassment or abuse, call the I Will Report It designated
message line at 616-526-IWRI (616-526-4974). The line is available for
students, faculty, and staff 24 hours a day, seven days a week, every
day of the year. You may also speak to a trusted person who will report
it to their Vice President or the Associate Vice President for Human
Resources
*. The College encourages the reporting of all
perceived incidents of discrimination, harassment or retaliation
regardless of the offender's identity or position.
