Sexual Harassment Definition

Q: i have a rather vexing problem with which I need some assistance. I am an undergraduate student at NCSU who teaches a laboratory course. One of my students from last semester, in an apparent attempt to have her failing final exam grade altered, has accused me of sexual harassment. She claims that as the result of such harassment, she was placed in a hostile environment, causing psychological trauma, thereby causing her to do badly. In her complaint, she has alleged several specific instances of sexual harassment, all of which I have shown through the testimony of dozens of witnesses as having never occurred. Indeed, two of the allegations are of such a nature that they were physical impossibilities; I was not even home to take an alleged phone call and have credit card receipts to prove that I was out at the time. In all allegations she is lying except for one instance. Yet the individual who is investigation the allegations to determine if sexual harassment has occurred has indicated that if I were to pass her on the sidewalk and state "Hi darlin', how ya doing?" she would find that to be sexually harassing. I inquired as to if she knew the EEOC guidelines, section 1604, or any Supreme Court cases that define sexual harassment. She stated that she was not aware of them and that the university could self-define sexual harassment in any way they choose without regard to any previous rulings. (NCSU, by the way, is a state university.) She also states that the context of such matters of sexual harassment is not germane in this instance since my behavior at every other time does not necessarily reflect my behavior in using the term "darlin'" nor does she state it should. She insists that every allegation must stand or fall on its own. What are your opinions? Does an organization such as this have to apply rules and guidelines that stipulate specific definitions and parameters of sexual harassment, or can one women who (in my opinion) has significant difficulties living in reality make an independent ruling based on her own criterion?

A: I'm hesitant to comment on the factual aspects of your case, but I'll offer some thoughts, anyway. If your use of the term "darlin'" and "bubba" is common to all students, as you said--and especially if she was aware fo this fact, I doubt that she can make a credible claim for harassment, in the absence of first informing you that the colloquialism offended her. Remember, the current standard is a "reasonable person" standard. If many other people had no problem with your actions, her view is almost certainly not "reasonable." From your recitation of the facts, it seems extremely unlike that she could prevail, anyway, (in any kind of reasonable process) since her lies on other issues support the idea that she is purposefully fabricating the allegations of harassment... The university certainly can adopt its own definition of harassment. In order to protect itself from liability, of course, it must (at a minimum) comply with the requirements of governing federal law (in this case, probably Title IX) as interpreted by the courts and relevant administrative agencies. As a *state* institution, however, it is also bound by the US constitution. That is significantly limiting of its power to restrict expression. So as a practical matter, she is incorrect. The school cannot *legally* adopt just any old standard it see fit. It can only adopt a standard that will not run afoul of the First Amendment, in the eyes of the courts.

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