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is Sexual Harassment?
In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record as a whole and to the totality of circumstances, including the nature and frequency of the conduct and the context in which the alleged incidents occurred.
Sexual harassment may be distinguished from sexist attitudes in that sexual harassment is both sexual in content and behavioral, rather than attitudinal.
It is not unlawful to hold sexist attitudes, as long as they are not translated into discriminatory treatment. Harassment by someone with the power to affect your employment or academic relationship includes situations in which any person with institutional authority explicitly threatens negative consequences, or promises positive consequences, as a means of securing acquiescence to unwelcome sexual behavior. While such explicit conditioning of academic or employment benefits upon acceptance of sexual advances may be rare, supervisors, instructors, and others with institutional authority should be aware that in some circumstances, a student or employee may feel that tolerating unwelcome behavior of a sexual nature is the tacit price s/he must pay in order to receive the services and benefits to which s/he is entitled. Such behavior is a violation of the UCSC Policy on Sexual Assault, the UC Policy on Sexual Harassment and Procedures for Reports of Sexual Assaults and Sexual Harassment.
Whereas this type of harassment can be perpetrated only by a person with institutional authority, a sexually hostile and intimidating environment may be created by the actions of instructors, supervisors, subordinates, or peers.
Behaviors that may contribute to a hostile environment include, but are not limited to:
It is important to be aware that
in many instances, the intentions of the accused may be regarded as
irrelevant in determining whether her/his behaviors constitute sexual
harassment; it is the effect of the behavior on the recipient that may
define a hostile environment.
Contact Rita Walker , Title IX Officer: 105 Kerr Hall . email: firstname.lastname@example.org . phone 831.459.2462 * 831.459.4825