The Office of Civil Rights in the Department of Education (OCR) defines sexual harassment as "unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature."
There are two types:
- Quid pro quo sexual harassment is fairly straightforward. If a professor or other person with authority "conditions an educational decision or benefit on the student's submission to unwelcome sexual conduct," quid pro quo sexual harassment has occurred.
- Hostile environment sexual harassment is less straightforward. It depends on the type, frequency, duration, and context of the conduct and is generally defined as action that "denies or limits a student's ability to participate in or benefit from the school's program."
The OCR states that "the offensiveness of a particular expression as perceived by some students, standing alone, is not a legally sufficient basis to establish a sexually hostile environment under Title IX."
The Problem:
University administrators are often confused as to the precise definition of sexual harassment. Consequently, university sexual harassment policies are often vague and overly broad, forcing administrators to selectively enforce the policies according to political correctness. For example:
- Davidson College outlaws all "comments or inquiries about dating, marital status, sexual activities, or sexual orientation" as sexual harassment.
- Roger Williams University encouraged the feminist supported V-Day, but a proposal for a "P-Day" ended in the revoking of the College Republicans' club charter.
These overly broad policies:
- Incur a chilling effect on campus, as students fear retribution for what would otherwise be normal interaction
- Make legitimate sexual harassment harder to identify and deter
- Foster a culture of dependency in university women by teaching them that someone will always protect them from what they may find distasteful
The Solution:
Schools must align their policies with the Office of Civil Rights' Guidance on Sexual Harassment, and then actively educate students on what does and does not constitute sexual harassment.
All facts taken from When Policies Cry Wolf: A Look at Sexual Harassment Policies on Campus, a publication by the Independent Women's Forum, available at iwf.org