Sexual Harassment

Sexual harassment is unwanted attention of a sexual nature by a person(s) who knows or ought reasonably to know that the attention is unwelcome to the recipient(s). Dalhousie defines sexual harassment as “any sexually-oriented behaviour of a deliberate or negligent nature which adversely affects the working or learning environment. It may involve conduct or comments that are unintentional as well as intentional.” Thus, it is defined by the impact of the behaviour on the recipient, not the intent of the perpetrator. Sexual harassment is discrimination on the basis of sex, sexual orientation and/or gender and is prohibited under the Nova Scotia Human Rights Act.

There are two types of sexual harassment: poisoned environment and quid pro quo.

POISONED ENVIRONMENT

Sexual harassment discriminates against individual(s) on the basis of sex, gender or sexual orientation by creating an intimidating, hostile and/or offensive environment. This is the most common type of sexual harassment. It usually involves a pattern of persistent or repeated behaviour such as crude or offensive jokes, sexual comments, displays of offensive material and/or stereotyping on the basis or gender or sexual orientation. For example:

• a co-worker continually displays sexually derogatory screen savers on her/his computer in a shared work area
• a student repeatedly disrupts a class with comments about a fellow student or professor’s appearance
• a professor makes jokes about women’s “unsuitability” for a chosen career path
• a staff person repeatedly makes comments that “all gays are ...” based on negative stereotypes
  

QUID PRO QUO

Quid pro quo means “this for that.” It involves implied or expressed promises of reward for complying with sexual solicitations or demands or implied or expressed threats of reprisal or actual reprisal for refusal or failure to comply with sexual demands. This type of harassment is usually initiated by a person(s) with power over a person(s) with less power. Thus, the recipient is in a vulnerable position. It may take the form of an overt offer or involve subtle pressure. For example:

• a teaching assistant hints that his/her student will receive a higher grade if he/she agrees to a sexual relationship
• a supervisor implies that a promotion or holiday bonus will not be forthcoming if her/his employee does not agree to date her/him
• a professor sexually assaults a student and says that if she/he tells anyone, the student will not be believed, will fail the course of study and will not get into graduate school

In Dalhousie’s Policy, sexual harassment includes, but is not limited to:

• sexual solicitation or advance of a repeated, persistent or abusive nature made by a person who knows or ought reasonably to know that such solicitation or advance is unwanted;
• implied or expressed promise of reward for complying with a sexually-oriented suggestion;
• actual reprisal or denial of opportunity, or an expressed or implied threat of reprisal or denial of opportunity, for a refusal to comply with a sexually-oriented suggestion;
• sexually-oriented remarks or behaviour on the part of a person who knows or ought reasonably to know that such remarks or behaviour may create a negative psychological or emotional environment for work, study or participation in a University-related activity or program.

The Nova Scotia Human Rights Act states that “no person shall sexually harass an individual” (section 5[2]). It defines sexual harassment as (section 3[o]):

• vexatious sexual conduct or a course of comment that is known or ought reasonably to be known as unwelcome,
• a sexual solicitation or advance made to an individual by another individual where the other individual is in a position to confer a benefit on, or deny a benefit to, the individual to whom the solicitation or advance is made, where the individual who makes the solicitation or advance knows or ought reasonably to know that it is unwelcome, or
  a reprisal or threat of reprisal against an individual for rejecting a sexual solicitation or advance.

The Act prohibits retaliation against persons who have brought forth complaints of sexual harassment. “No person shall evict, discharge, suspend, expel or otherwise retaliate against any person on account of a complaint or an expressed intention to complain or on account of evidence or assistance given in any way in respect of the initiation, inquiry or prosecution of a complaint or other proceeding under this Act” (section 11).

SEXUAL HARASSMENT CAN INCLUDE

VERBAL:

• Sexual innuendo
• Gender specific insults
• Suggestive and/or derogatory humour, jokes or comments emphasizing sex, gender-specific traits or sexual orientation
• Sexual propositions or invitations
• Threats of a sexual nature
• Homophobic remarks
• Inappropriate or uncalled for comments about one's body or dress
• Persistent unwanted contact after the end of a consensual relationship

NON-VERBAL/NON-CONTACT:

• Suggestive staring or leering
• Suggestive and/or derogatory sounds or gestures emphasizing sex or sexual orientation
• Inappropriate displays or distribution of sexually suggestive and/or derogatory pictures, objects, writing or graffiti, including electronic and hard copy forms
• Unauthorized distribution of sexually-explicit material involving specific individuals
• Persistent unwanted contact after the end of a consensual relationship
• Stalking

PHYSICAL CONTACT:

• Unnecessary or unwanted physical contact of a sexual nature such as patting, touching, pinching or brushing against a person’s body
• Persistent unwanted physical contact after the end of a consensual relationship
• Sexual assault

SEXUAL HARASSMENT IS NOT

• interactions between consenting adults
• mutual attraction or flirtation
• consensual relationships
• expressions of affection between friends

Sexual harassment does not mean that sexuality or sexual issues must never be discussed in a work or study area or that they cannot be areas of legitimate academic inquiry. Discussions of scholarly research on sexuality in the classroom, for example, would not normally constitute sexual harassment. However, when discussion of sexuality is inappropriate in content or presentation style to the setting or the individuals involved, this may create a situation in which sexual harassment may ensue. 

WHO GETS HARASSED?

Most persons who are sexually harassed are women, but anyone, regardless of gender, age, education, employment status, sexual orientation, cultural background, race, ethnicity, ability or disability, ancestry or religion, can be harassed. Sexual harassment is sometimes intertwined with other forms of harassment so, for example, women who are disabled or who are part of a visible or cultural minority may be more at risk than others.

Dalhousie’s policy states “sexual harassment can occur between individuals of the same or different status, and both women and men can be the subject of sexual harassment by members of either gender. It can involve individuals or groups and can occur during one incident or over a series of incidents involving single incidents, which, in isolation, would not necessarily constitute sexual harassment”.

Sexual harassment is often not, or not only, about sex or sexual attraction, but is about power. It involves an abuse of power by a person with greater employment, academic or social power over someone with less power. Individuals who are perceived to have less power because of their employment, academic, economic or social standing may be more vulnerable to harassment than others.