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Purpose of the Session
•
Discuss the laws that prohibit sexual harassment in an
educational work environment;
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Identify types of sexual harassment;
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Discuss Florida Gulf Coast University's prohibition of sexual
harassment; and
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Identify action/steps to be taken if you believe sexual
harassment is occurring against you or others.
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Title IX

Title IX is a federal civil rights law that prohibits discrimination
on the basis of sex with respect to schools that receive
financial assistance from the U.S. Department of Education.
Title IX applies to FGCU.

Title IX protects all individuals against sexual violence, gender
based harassment, inequitable funding in athletics based on
gender, sexual harassment, dating/domestic violence,
stalking, and any other form of discrimination based on sex.

Every University that receives federal funding is required to
have a Title IX Coordinator.
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Title VII

Title VII is a Federal civil rights law that protects an individual from
employment discrimination on the basis of race, color, religion, SEX,
or national origin.

Sexual harassment is sex discrimination and is prohibited by Title VII.

Same-sex sexual harassment is also prohibited by Title VII.

Discrimination on the basis of gender identity qualifies as
discrimination on the basis of sex whether the discrimination was
due to sex stereotyping, discomfort with the fact of an individual's
transition, or discrimination due to a perceived change in the
individual's sex.
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What is Sexual Harassment?
FGCU’s Non-Discrimination, Anti Harassment and
Sexual Misconduct Regulation defines sexual
harassment as unwelcome conduct of a sexual
nature including unwelcome sexual attention,
including requests for sexual favors, and other verbal
or physical conduct of a sexual nature from any
person that is so severe, pervasive or persistent that it
limits one’s ability to
participate in or benefit from a program or activity.
Sexual violence is a form of sexual harassment.
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What is Sexual Harassment?

SEXUAL HARASSMENT IS UNWELCOME CONDUCT OF A SEXUAL
NATURE; including, but not limited to:

Sexual violence

Unwanted sexual advances;

Unwanted sexually motivated or inappropriate patting, pinching or
other touching of a sexual nature;

Unwanted displaying or distributing of sexually explicit drawings,
pictures, video or written materials; and

Unwanted posting of sexually explicit jokes, sexually explicit gestures,
sexually explicit conversations, sexually explicit information on social
media cites, or other forums.
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Sexual Harassment Continued…

In many instances, “ sexual harassment” is thought of as a series of
events or a pattern of conduct. However, the University must weigh
all the relevant facts in a given situation, including the severity of the
conduct.

The more severe the conduct, the less the need to show repeated
incidents.

For example, one incident of sexual violence is so severe that it in and of
itself constitutes sexual harassment.
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Two Kinds of Harassment
 Quid
Pro Quo -“this for that.” Essentially, this means “I
will do something for you if you do something for me.”
 Hostile
Working Environment- someone is subjected to
unwanted sexual conduct that impairs or eliminates
their ability to successfully perform/complete their job
related tasks.
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Scenario 1
Charles and Tammy
Charles is an academic adviser in the College of Education. He
is the only male adviser in his department.
Charles’s female colleagues speak very freely around him and
students whenever they are in the office. Recently, he heard
Tammy, a fellow adviser sharing a story about her sexual
encounter the night before. Tammy was very descriptive and
even bragged about her sexual expertise in the bedroom. She
also made loud sexual noises and sexual gestures. This isn’t the
first time that Charles has heard her share these stories. All of the
women in the office enjoy hearing these stories and laugh
hysterically every time Tammy shares a new story. Charles, on
the other hand, always covers his ears and puts his head on his
desk. Charles has asked Tammy to stop sharing such stories in his
presence because interferes with his ability to do his work;
however, Tammy always tells him to “stop being such a wuss.”
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Scenario 1 Discussion
Charles and Tammy
Sexual Harassment?
More than likely
 Unwelcomed
 Sexual
behavior
noises, gestures,
 Interferes
with Charles’ ability to do his work
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Quid Pro Quo

Typically occurs when a job benefit is directly tied to an employee
submitting to unwelcome sexual advances.

Often (but not always) happens when two people are at different
hierarchical levels within an organization.

Quid pro quo harassment also occurs when an employee makes an
evaluative decision, or provides or withholds professional
opportunities based on another employee's submission to verbal,
nonverbal or physical conduct of a sexual nature.
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Scenario 2
Margaret and Bill
Margaret has worked for University X for 10 years in the Human Resource
Department. She has always had exemplary performance evaluations and
has received a raise every year. Six months ago, Bill became her
supervisor. Bill flirts with Margaret every chance he gets. He has even
asked her out several times. Each time Margaret has turned him down and
told him she is not interested. This year during her annual evaluation, Bill
told Margaret that if she does not go out on a date with him, he will not
recommend her for a raise. Margaret told him “NO” and Bill started
laughing and told her he was joking and that he was going to approve her
raise.
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Scenario 2 Discussion
Margaret and Bill

Sexual Harassment???
 More
than Likely

Unwelcome conduct of a sexual nature

She said “No”

Still received her raise
Note: Sexual harassment can be found regardless of whether the
employee actually experiences the threatened harm.
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Hostile Working Environment

Unwanted sexual conduct that is sufficiently severe, persistent, or
pervasive so as to eliminate, deny, or limit an employee’s ability to
perform their job and/or receive the benefits, services, or
opportunities afforded to them by FGCU.
•
Please Note: A person does not have to be the target of the sexual
harassment in order to file a complaint of sexual harassment. If the
conduct is 1) unwanted, 2) sexual in nature, and/or 3) limits or
diminishes an employee’s participation in the benefits of an
educational program, then it could constitute sexual harassment.
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Deny or Limit
•
There will also be a determination regarding whether the alleged
conduct did (or could) deny or limit the employee’s participation in any
activity associated with FGCU.
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Examples of not being able to fully participate may include:
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An employee fails to meet performance goals due to the conduct;
•
An employee feeling forced to withdraw from or not become
involved in an activity, program, or department or does so
reluctantly; and/or
•
An employee continues to participate in programs and activities but
does so with great difficulty, embarrassment or
apprehension/frustration because of the unwanted behavior.
•
An employee being given voluminous or unwarranted job duties
after denying the advances of a supervisor.
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Factors to Consider When Applying
Severe, Persistent, or Pervasive
Standard
•
Context
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Particularized characteristics
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Nature (e.g. verbal or physical)
•
Incidents outside complaint
•
Scope
•
•
Frequency
•
Duration
Generally, the more severe the
conduct, the less need to show
repeated incidents
•
Location of incidents
•
Communication that conduct was
unwanted
•
Identity, number, and relationships
of persons involved
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The Big Bang Theory: Egg Salad
Sandwich
https://youtu.be/tC2TsRMqpSQ
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Egg Salad Sandwich Discussion
 What
type of sexual harassment?
 Severe,
Persistent, or Pervasive?
 What
other factors under Title VII may be
an issue?
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Why is Sexual Harassment a
Concern?
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Sexual Harassment is a form of discrimination that can violate an
employee’s civil rights.
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Employee’s who are subjected to sexual harassment can exhibit a
decline in work productivity and performance, higher anxiety,
depression, increased absenteeism, and have other negative effects.
•
Sexual Harassment can be done verbal, physical, or remote (through
the Internet).
•
What one person considers offensive may be different than what others
deem offensive.
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Who Can Be Harassed?
•All ages, races and ethnicities
•Men or women
•People who are perceived to be of a particular race, sex or
disability status
Who Can Be A Harasser?
•Supervisor, an agent of the employer, a supervisor in another
department
•Co-worker or Student
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• Third party external to the University
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Examples of Effects on University
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Unsafe work environment
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Reduced performance/productivity
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Unhappy/unmotivated staff and student body
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Increased employee attrition
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Damaged school reputation
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Lost time and resources devoted to responding to and investigating
complaints
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Monetary Fines
•
Possible Court Costs
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What to Do if You believe you are
Being Sexually Harassed?
•
Immediately report the harassment to the University’s
Title IX Coordinator.
•
Identify all incidents of harassment and explain how they
have affected you.
•
If possible maintain good documentation of each
alleged incident of sexual harassment.
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How will FGCU Respond to Sexual
Harassment?
•
•
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FGCU will take immediate and appropriate action to investigate or
otherwise determine what happened.
Inquiry will be prompt, thorough, and impartial.
If harassment is discovered, the University will take steps, reasonably
calculated, to:
• End the harassment;
• Take steps to eliminate any hostile working environment;
• Prevent harassment from recurring;
• Remedy the effects of harassment;
• Prevent retaliation against the target or complainant;
• Appropriate decision maker will administer discipline (as
determined by applicable policy or collective bargaining
agreement).
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Any questions can be addressed to:
Brandon Washington, Director and Title IX Coordinator at (239)7454366 or at [email protected]
Precious Green Gunter Esq., Assistant Director and Deputy Title IX
Coordinator for Employees at (239) 745-4403 or at [email protected]
Questions can also be mailed to the OIEC mailbox at [email protected]
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