What are the standards of liability needed in sexual harassment cases?

Unfortunately sexual harassment is a prevalent issue in universities across the US. Even though several constructive steps are taken to prevent such malicious acts, cases of sexual harassment continue to rise at an alarming rate. If you are a student who has been sexually harassed or witnessed somebody else being harassed, it is important to know who can be held liable for the incident other than the harasser.

Who is liable in a campus sexual harassment incident?

The person who has actually committed the harassment is made liable for such acts. In addition, if the perpetrator’s supervisor was made aware of the harassment but failed to take corrective measures to stop the harasser and as consequence of which the harasser continued to victimize people, then action can be taken against the supervisor and sexual harassment lawyer will have to be called to the scene figuratively speaking.

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Universities can be Held Liable even when they Consider Sexual Harassment Unacceptable

When a supervisor under the direct payroll of the university asks for a sexual favor from a subordinate and then threatens him or her with adverse consequences if they deny the supervisor, then this is a classic quid pro quo case where the university can be named a liable party. This sort of happened in the movie Van Wilder where one of the girls was being treated terribly in a sexual manner by the leader (Richard Bagg), and perhaps others, in the fraternity.

She did not seem to object so it may not be sexual harassment depending on who you ask. But it probably was since it was official sanctioned – at least it seemed to be by the fraternity. You either do this or you are out! That type of attitude is not going to work.

According to sexual harassment attorneys if such a case goes to trial, the university cannot escape the legal process by claiming that it has harassment policies in place and cannot be held responsible since it had no knowledge of the incident. Legal professionals say that the university has ‘vicarious liability’ which means that the university can be held liable for another’s wrongful acts. 

Universities can be Held Liable for Creating a Hostile Environment

The same principles that guide quid pro quo are applied to hostile environment cases on campus. For the most part, the university is liable even when they had no knowledge of a pervasive hostile environment. However, sexual harassment lawyers say that the university can put up a strong defense if it can show:

• No adverse job action happened affecting the victim.
• The university took proper care to stop the harassment.
• The employee without a justifiable reason did not seek help from the corrective and preventive mechanisms provided by the university.

Student Harassment

A different set of rules govern student harassment cases. These rules are provided in Title IX of the Civil Rights Act. Students are required to report sexual harassment to the management. However, they are entitled to monetary damages if they had complained about the harassment to supervisor of a professor and they have failed to take action against the professor. When a university employs students, Title VII will govern sexual harassment in the workplace rather than Title IX.

Why do you need a sexual harassment lawyer?

There are institutions which blatantly disregard laws. Often victims of sexual harassment are punished for reporting the matter especially if it involves athletes and players who are coveted members of an institution. In such instances, even University Chancellors and Vice Chancellors cover up harassment cases. This is one of the main reasons why it is important to seek help from a sexual harassment lawyer to hold these powerful individuals liable for their actions.

But possibly making things up years later while possibly trying to increase your bank account, such as the case with Peyton Manning, is immoral and a sign of avarice. Just because you run out of money does not mean it is time to sue again. $300,000 is not enough? You are a female working with a football team. Perhaps there should not be any female trainers employed by any college football team, basketball, and so on?

Sexual harassment is wrong but there are certain things that can be done to possibly mitigate the chances of it occurring.