Analysis of Discriminatory Harassment Employees

  1. Was the conduct at issue "severe" (clearly offensive) or "pervasive" enough to constitute  actional harassment?  If the conduct is neither severe nor pervasive, there is no policy violation.

  2. Was the relationship between the harasser and the victim that of   coworkers or supervisor/subordinate?

  3. If there is no supervisory relationship between complainant and respondent a "negligence" standard will apply:

    Did the university have actual or constructive notice of the harassment (for example by an executive or director) and fail to respond appropriately?  If so, there was a policy violation.

  4. If there was a supervisory relationship, was a "tangible employment action" taken?

a.    If so, policy was violated.

b.    If not, appropriate steps taken to prevent harassment including developing and distributing policies prohibiting harassment and establishing grievance procedures for handling such complaints, including dealing in a serious and fair manner with such complaints in the past and did the complainant fail to take reasonable steps to notify the university of the problem and solve it?