Sexual Harassment and Gender Discrimination
Sexual harassment and discrimination are covered in the UIUC Student Code and Personnel Policies. Sexual harassment is a form of discrimination under Title VII of the Civil Rights Act of 1964, as amended in 1991. According to the Illinois Human Rights Act, sexual harassment is defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
- submission is made, either explicitly or implicitly, a term or condition of an individual's academic outcome or employment;
- submission to, or rejection of, is used as the basis for grades or employment decisions affecting the individual; or
- the purpose or effect substantially interferes with an individual's work or academic performance or creates an intimidating, hostile, or offensive environment.
It is the impact rather than the intent that words or actions have on the individual that determines whether sexual harassment has occurred. Some examples of behaviors which might be considered sexual harassment include:
- Verbal: Sexual innuendoes, suggestive comments, insults, humor and jokes about sex, anatomy-or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other class members, even outside of their presence, of a sexual nature.
- Non-Verbal: Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls," "smacking" or "kissing" noises.
- Visual: Posters, signs, pin-ups or slogans of a sexual nature.
- Physical: Touching, unwelcome hugging or kissing, pinching, brushing the body, coerced sexual intercourse or actual assault.
While the most commonly recognized forms of sexual harassment involve the types of conduct described above, non-sexual conduct can also constitute a violation of the applicable laws when that conduct is directed at the victim because of his or her gender (for example, a female staff member who reports to work every day and finds her work supplies stolen, her work area filled with trash and her equipment disabled by her male co-workers because they resent having to work with a woman). The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends to some extent on individual perception and interpretation. The trend in the courts is to assess sexual harassment by a standard of what would offend a "reasonable woman" or a "reasonable man," depending on the gender of the alleged victim.
An example of the most subtle form of sexual harassment is the use of endearments. The use of terms such as "honey," "darling" and "sweetheart" is objectionable to many men and women who believe that these terms undermine their authority and their ability to deal with others on an equal and professional level. Another example is the use of a compliment that could potentially be interpreted as sexual in nature.
Sexual harassment is unacceptable misconduct, which affects both genders. Sexual harassment will often involve a man's conduct directed at a woman. However, it can also involve a woman harassing a man or harassment between members of the same gender.
It is the right of each individual to learn and work in an environment free from sexual harassment. Conversely, it is the responsibility of each of us from sexual harassment and challenge attitudes and actions that are sexually harassing or discriminatory directed at others. The University of Illinois at Urbana-Champaign encourages vigorous academic discourse as faculty and staff members and students seek to fulfill its wide-ranging educational, research and service missions. At the same time, members of the University community are held to the highest standards of conduct. Thus, the University will not tolerate sexual harassment in work, study or residential life, and will take action whenever sexual harassment or discrimination is discovered.
Sexual harassment is defined by law and includes requests for sexual favors, sexual advances or other sexual conduct when:
- submission is either explicitly or implicitly a condition affecting academic or employment decisions; or
- the behavior is sufficiently severe or pervasive as to create an intimidating, hostile or repugnant environment; or
- the behavior persists despite objection by the person to whom the conduct is directed.
The University considers such behavior, whether physical or verbal, to be a breach of its standards of conduct. It will seek to prevent such incidents and will investigate and take corrective actions for violations of this policy. Further, retaliation against those who seek remedies under this policy is prohibited.
Violations of this policy constitute misconduct, subject to discipline under applicable University procedures. Discrimination and harassment based on sexual orientation or gender, which are specifically addressed in the Policy and Procedures for Addressing Discrimination and Harassment at the University of Illinois at Urbana-Champaign, are subject to discipline under the same procedures.
http://www.admin.uiuc.edu/policy/code/article_1/a1_1-109.html
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