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What is Sexual Harassment

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

(Source: U.S. Equal Employment Opportunity Commission)
https://www.eeoc.gov/laws/types/sexual_harassment.cfm

Facts about Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

  • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
  • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser's conduct must be unwelcome.

It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

(Source: U.S. Equal Employment Opportunity Commission)

https://www.eeoc.gov/eeoc/publications/fs-sex.cfm

What is stalking?

Stalking Fact Sheet: (Source: Stalking Resource Center)

http://victimsofcrime.org/docs/default-source/src/stalking-fact-sheet-2015_eng.pdf?sfvrsn=2

Campus Sexual Violence Statistics:

  • 11.2% of all students experience rape or sexual assault through physical force, violence, or incapacitation (among all graduate and undergraduate students).2
  • Male college-aged students (18-24) are 78% more likely than non-students of the same age to be a victim of rape or sexual assault.1
  • Female college-aged students (18-24) are 20% less likely than non-students of the same age to be a victim of rape or sexual assault.1
  • 21% of TGQN (transgender, genderqueer, nonconforming) college students have been sexually assaulted, compared to 18% of non-TGQN females, and 4% of non-TGQN males.2

College-Age Victims of Sexual Violence Often Do Not Report to Law Enforcement

  • Only 20% of female student victims, age 18-24, report to law enforcement.1
  • Only 32% of nonstudent females the same age do make a report.1

Sexual Violence May Occur at a Higher Rate at Certain Times of the Year

  • More than 50% of college sexual assaults occur in either August, September, October, or November.3
  • Students are at an increased risk during the first few months of their first and second semesters in college.3

Sources:​

  1. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Rape and Sexual Victimization Among College-Aged Females, 1995-2013 (2014).
  2. David Cantor, Bonnie Fisher, Susan Chibnall, Reanna Townsend, et. al. Association of American Universities (AAU), Report on the AAU Campus Climate Survey on Sexual Assault and Sexual Misconduct (September 21, 2015). ("Victim services agency" is defined in this study as a "public or privately funded organization that provides victims with support and services to aid their recovery, offer protection, guide them through the criminal justice process, and assist with obtaining restitution." RAINN presents this data for educational purposes only, and strongly recommends using the citations to review any and all sources for more information and detail.)
  3. Campus Sexual Assault Study, 2007; Matthew Kimble, Andrada Neacsiu, et. Al, Risk of Unwanted Sex for College Women: Evidence for a Red Zone, Journal of American College Health (2008).
U. S. Department of Justice Office on Violence Against Women. (April 2013). A National Protocol for Sexual Assault Medical Forensic Examinations , Adults / Adolescents . Retrieved from A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents.

Contact

Lin​da Fontanilla, EdD
Vice President for Student Services
Title IX Officer
T: 949-451-5214

Elizabeth Cipres, EdD
Dean, Counseling Services
Title IX Deputy Officer
T: 949-451-5410

Nancy Montgomery, RN, MSN
Director, Health and Wellness Center
Title IX Deputy Officer

John Meyer
Police Operations Lieutenant
Acting Chief of Police
Title IX Deputy Officer
T: 949-451-5501

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