Common Questions About Sexual Harassment and the Reporting Process
Sexual Harassment is conduct that is sexual in nature, unwelcome, and denies or limits a student's ability to participate in or benefit from a university's education program.
Sexual harassment can take different forms depending on the harasser and the nature of the harassment. The conduct can be carried out by college employees, students, and non-employee third parties such as a visiting speaker. Both male and female students can be victims of sexual harassment, and the harasser and the victim can be of the same sex.
Inappropriate behavior may include sexual jokes, innuendoes, gestures; unwanted flirtation, advances, or propositions; pressure for sex; leering; display of sexually suggestive objects/visuals; display/transmission of sexually suggestive electronic content; any unnecessary, unwanted physical contact; and sexual assault (if this occurs, call the police immediately and maintain evidence).
Sexual Harassment is conduct that meets one or more of the following:
- Quid Pro Quo Sexual Harassment: When an employee of the District conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
- Hostile Environment Sexual Harassment: Unwelcome conduct determined by a reasonable person in the shoes of the Complainant to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s program or activity;
- and/or Sexual assault, dating violence, domestic violence, or stalking as defined below:
- The conduct can occur in any university program or activity and can take place in university facilities, on a university bus, or at other off-campus locations such as a university-sponsored field trip or a training program at another location. The conduct can be verbal, nonverbal or physical.
What do I do?
- Document the problem behavior: date, time, place, witnesses, specific behaviors
- Tell the harasser that the behavior is offensive and that you want it to stop
- Seek counseling and personal support from our Student Health and Wellness Center: Psychological Services
- File a complaint in accordance with Saddleback College’s Title IX complaint procedures
Sanctions may be imposed on individuals who knowingly, or with reckless disregard for the truth, make false accusations of sexual harassment. Just because a complaint cannot be proven does not mean that it is false.
Sexual harassment occurs when individuals feel they are the recipients of unwanted sexual attention or behavior. Sexual harassment can happen to or be perpetrated by anyone against anyone else: women, men, students, faculty, staff, supervisors, employees, volunteers, and vendors.
Saddleback College cannot promise complete confidentiality. The privacy of all parties to a complaint of sexual discrimination or harassment must be strictly observed, except insofar as it interferes with the campus' obligations to fully investigate allegations of sexual discrimination or harassment. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. In all complaints of sexual discrimination or harassment, both the accused and complainant will be informed of the outcome.
If you report an act of alleged sexual violence, police may be notified. This does not mean charges will automatically be filed or that a victim must speak with the police, but the campus is legally required to notify law enforcement authorities. The campus also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. The statistical report does not include personally identifiable information.
The purpose of the investigation is to evaluate the allegations of sexual harassment, formulate a response to address the situation, and follow up to ensure that recommended actions have been taken. Outcomes can include: no finding of harassment, finding of inappropriate behavior, finding of harassment, or finding of false allegations. The ultimate goal is to stop the harassment.
Yes, if you want formal disciplinary action to be taken against the alleged perpetrator. No, if you choose to respond informally and do not file a formal complaint. Understand that the campus' ability to insure the health and safety of its members is compromised when serious allegations cannot be addressed.
Do not contact the alleged victim. You may immediately want to contact someone in the campus community who can act as your advisor. You may also contact a Title IX Coordinator, who can explain the campus' procedures for dealing with sexual discrimination or harassment complaints.
Physical evidence of a sexual assault must be collected within 72 hours. If you believe you have been a victim of a criminal sexual assault, you should contact the department of public safety or call 9-1-1 (9-9-1-1 from a campus phone). If you go to the hospital, local police will be called, but you are not obligated to talk to the police or to prosecute. The exam will help to keep that option open for you, should you decide later to exercise it.
The hospital staff will collect evidence, check for injuries, and address the possibility of exposure to sexually transmitted infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, and they can accompany you through the exam, if you want. Do not disturb the crime scene—leave all sheets, towels, etc. that may bear evidence for the police to collect. If possible, do not shower or wash, or go to the bathroom before coming to the hospital.
It is easier to investigate and prosecute cases that have physical evidence, but it is not impossible to go forward without it. You can file a report or ask police to pursue charges even if you have not had evidence collected.
Identifying the Issues
Verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, religion, ethnicity, national origin, age, disability, genetic information and veteran status, or any other legally protected status not listed herein, or that of his or her relative, friends, or associates, and has the purpose or effect of creating an intimidating, hostile, or offensive work or learning environment.
A behavior that targets someone for offensive, hostile, degrading or insulting treatment because of their gender.
- Making derogatory jokes about gender-specific traits or based on negative gender stereotypes.
- Using sexist humor as a classroom teaching technique.
- Using derogatory, gender-based terms.
- All of the above are examples of Gender Identity Harassment
Answer: D – All of the above
- Bullying
- Sexual Harassment
- Lack of equity in sports
- Gender biased questions on standardized tests
- All the above are prohibited under Title IX
Answer: E – All the above
- Faculty and Staff
- Students
- Administration
- We are all responsible
Answer: D – We are all responsible – It is up to all of us to ensure that everyone has an opportunity to be educated free from harassing behavior. We all need to work toward an educational environment that is accepting and not judgmental or hostile.
Myths and Facts about Sexual Violence and Sexual Harassment
This is perhaps the most widely held misconception about Title IX. Athletics are not the only component of academic life governed by Title IX. Other areas which fall within the scope of Title IX include:
- Recruitment, Admissions, Financial Aid and Scholarships
- Course Offerings and Access
- Counseling
- Hiring and Retention of Employees
- Benefits and Leave
- Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence.
Title IX is designed to create parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require educational institutions to cut men's athletic programs. Each educational institution determines how it will comply with Title IX regulations.
While Title IX has been used mostly by women seeking to protect their rights, Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.
Title IX specifically allows for, or has been interpreted to allow for, single-sex programs in a number of categories. Included among those are: religious schools, traditional men's/women's colleges, social fraternities/sororities, youth service organizations such as The Boy/Girl Scouts of America, and beauty pageants.
The under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines’ resources, support, and promotional opportunities comparable to their male colleagues.
The U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court is of the opinion that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.