What
about free speech? Doesn't the constitution guarantee my right to say
whatever I want, hang up the posters I want, etc.? Isn't my office and
room my own personal space?
The campus community can have a very hard time finding the balance between
protecting everyone's First Amendment rights, and encouraging everyone
to respect our desire at UCD to have a civil and respectful environment
as provided for in the Principles of Community. Many questions of this
type need to be answered on a case-by-case basis.
We
recommend that supervisors take proactive steps to develop and maintain
an atmosphere in which people treat each other respectfully.
Aren't
these issues just an example of some people taking things too far? Can't
everyone just lighten up?
A sense of humor is important, but discrimination and sexual harassment
are serious issues. The laws that exist were created in response to real
practices that had detrimental effects on real people. These laws protect
people's right to a workplace and academic environment free from discrimination,
including sexual harassment.
Sexual harassment occurs when unwanted attention of a sexual nature interferes
with a person's ability to obtain an education, work, or participate in
recreational or social activities at UCD. Faculty, staff, RA's, and TA's
should encourage people to take these issues seriously and refrain from
minimizing or making light of concerns brought to their attention.
Is
there an obligation for the complainant to tell the other person that
their behavior is offensive or unwelcome?
Most of us would probably agree that in an ideal world, we would all resolve
conflicts directly. Informing someone that their words or actions are
offensive or intimidating is sometimes all that's needed for the behavior
to stop. We hope we have created an environment at UCD for people to feel
comfortable talking openly and directly.
In many cases, however, there are legitimate reasons why the complainant
can't bring their concern directly to the other person. Often, the power
difference between them is too intimidating. Some people are simply less
assertive than others. Some of us were brought up with cultural norms
that discourage direct confrontation.
Supervisors should discuss all possible options for resolving a conflict
which is brought to their attention. This would include the option of
the two parties discussing the problem directly; but supervisors should
avoid communicating the idea that direct confrontation is required. They
should consider referring employees or students to a Sexual Harassment
Advisor on campus. See the Getting Help tab for contact information.
Does
this mean I can't pay someone a compliment anymore?
People generally can tell the difference between a genuine compliment,
and a harassing remark that intimidates or belittles them. Be aware of
the compliments you are giving. If you always compliment someone's physical
appearance and rarely their professional or academic abilities, they could
easily get the impression that you only appreciate them for their physical
attributes, sense of clothing style, etc. Often, the body language and
tone of how you say things is just as important as the words themselves.
Don't a lot of these complaints get filed
just to get revenge?
No. Theoretically, this certainly could happen, but in reality, very few
complaints are false. Most people who experience sexual harassment and
discrimination simply want the unwelcome or offensive behavior to stop.
Our society, however, frowns on confronting or "making waves"
in general. This makes it very difficult for many people to feel comfortable
asking for help to deal with one of these problems.
What
rights do I have if I am accused of Sexual Harassment?
Individuals accused of sexual harassment have privacy rights that prohibit
other persons from disseminating information concerning the complaint,
except as part of the complaint resolution process. In addition, individuals
accused of sexual harassment have due process rights that prohibit such
individuals from being disciplined without adequate notice and an opportunity
to be heard.
