Tennessee Tech University

Recognizing Sexual Harassment

Sexual harassment can take many forms, but most sexual harassment is created by speech, conduct, or a combination thereof. Not every act that might be considered offensive to an individual or a group will be considered harassment. Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of the sexual advances considered in the context within which the alleged incident occurs. The conduct must be unwelcome and must be such that a reasonable person would find it offensive or hostile. The following examples are not exclusive, but represent types of conduct that may constitute sexual harassment.

• Solicitation of sexual activity by promising a work-related benefit or a grade
• Refusing to hire, promote, or grant or deny certain privileges because of acceptance or rejection of sexual advances
• Sexual innuendoes, comments, or remarks about a person’s clothing, body, or activities
• Suggestive or insulting sounds
• Humor or jokes about sex that denigrate men or women
• Sexual propositions, invitations, or pressure for sexual activity
• Suggestive or inappropriate communications, e-mail, notes, letters, or other written materials displaying objects or pictures which are sexual in nature that would create hostile or offensive work or living environments
• Use in the classroom of sexual jokes, stories, remarks, or images in no way germane to the subject matter of the class (However, harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum.)
• Ogling or leering
• Stalking
• Suggestive or obscene gestures
• Patting, pinching, and other inappropriate touching
• Unnecessary touching or brushing against the body
• Attempted or actual kissing or fondling
• Coerced sexual intercourse
• Sexual assault (Sexual assaults may be criminal acts, and as such, investigation and processing by the criminal justice system, local police, campus police, and crisis intervention centers may supersede or occur in addition to the process of the TTU and TBR Discrimination and Harassment - Complaint and Investigation Procedure policies.)
• Suggestive or inappropriate acts

Consensual Relationships

Intimate relationships between supervisors and their subordinates or between faculty members and students are strongly discouraged due to the inherent inequality of power in such situations. These relationships could lead to undue favoritism or the perception of undue favoritism, abuse of power, compromised judgment, or impaired objectivity.

Engaging in a consensual relationship with a student over whom the faculty member has either grading, supervisory, or other evaluative authority constitutes a conflict of interest. The faculty member must take steps to remove the conflict by assigning a different supervisor to the student, resigning from the student’s academic committees, or terminating the relationship at least while the student is in his/her class.

It is also a conflict of interest for a supervisor to engage in a consensual relationship with a subordinate over whom he or she has evaluative or supervisory authority. The supervisor must take action to resolve the conflict of interest by, for example, assigning another individual to supervise and/or evaluate the subordinate.

Recognizing Racial Harassment

Generally, racial harassment is defined as any person’s conduct which unreasonably interferes with an employee’s or student’s status or performance by creating an intimidating, hostile, or offensive work or educational environment. Harassment on the basis of race, color, or national origin includes offensive or demeaning treatment of an individual where such treatment is based on prejudiced stereotypes of a group to which that individual may belong. It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his/her race, color, or national origin.

Taking Action Against Sexual and Racial Harassment

Consider firmly, clearly, and directly telling the harasser that the behavior is unwelcome and to stop. However, if for any reason you do not feel comfortable confronting your harasser directly, it is not required that you do so. You should then follow TTU's procedures for reporting complaints.

All faculty members, students, and staff are responsible for taking reasonable and necessary action to prevent and discourage all types of harassment or discrimination, this is particularly important with regard to sexual harassment. Conduct which might constitute sexual harassment must be promptly reported whether information concerning a complaint is received formally or informally. Absent extraordinary circumstances, complaints must be brought within 365 days of the last incident of discrimination or harassment.

To the extent possible, the investigation will be conducted in such a manner to protect the confidentiality of both parties. However, TTU has an obligation to address harassment and in order to conduct an effective investigation, complete confidentiality cannot be guaranteed.

All faculty members, students, and staff are subject to TTU's Discrimination and Harassment Policy. Any faculty member, student, or staff member found to have violated the policy by engaging in behavior constituting discrimination or harassment will be subject to disciplinary action which may include dismissal, expulsion or termination, or other appropriate sanction.

Any current or former student, applicant for employment, or current or former employee who believes that he/she has been subjected to sexual or racial harassment at TTU or who believes that he/she has observed harassment taking place should report the complaint to the Director of Diversity and Legal Affairs, Dr. Rachel Rader, Derryberry Hall, Rm 305, 372-3016. Allegations of sexual or racial harassment by one student against another student must be referred to the Dean of Students, Ed Boucher, Roaden University Center, Rm 339, 372-3237.

The Tennessee Tech Discrimination and Harrassment - Complaint and Investigation Policy may be found at: http://www.tntech.edu/images/stories/admin_policy_and_procedure/Human_Resource_Services/Human_Resource_Service_Policies__Procedures.pdf

 

The Tennessee Board of Regents Discrimination and Harassment - Complaint and Investigation Procedure Guideline P-080 may be found at: http://www.tbr.state.tn.us/policies/default.aspx?id=1762