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SEXUAL HARASSMENT ON CAMPUS: “HE’S JUST A

PERVERT AND EVERYBODY KNOWS IT!”

Federickia Washington, Stephen F. Austin State University

Marlene C. Kahla, Stephen F. Austin State University
Robert M. Crocker, Stephen F. Austin State University

CASE DESCRIPTION

Sexual harassment has been and continues to be a real problem on college campuses
across the United States. Most colleges require faculty and staff training to help identify,
prevent, and report sexual harassment. Yet each week reports of sexual harassment flood the
television news, draw heated debate on talk shows, elicit intense commentary on social media,
are scrutinized and debated in academic media such as The Chronicle of Higher Education.
This case describes a very subtle example of sexual harassment in a collegiate setting.
Situated at a small university somewhere in the United States, the principal characters are: Bob
Mayberry, Ph.D., a tenured, male professor and director of graduate studies in the College of
Liberal Arts; Mary Robin, a female graduate student in the College of Liberal Arts having
completed her bachelor’s degree in the College of Business at the same university; Caroline
Wallace, Ph.D., a tenured, female faculty member in the College of Business; and Allen
Goodnight, Ph.D., a tenured, male department chair in the College of Business.
This case recreates a student’s experience and compresses a series of events into a
shorter time frame in an attempt to capture the more indirect aspects of sexual harassment. The
case demonstrates the vulnerability of a student whose collegiate success is wholly dependent on
a senior tenured faculty member. This culture and political nature of the organization is
explored from the vantage of why many people, for a variety of different reasons, choose to look
the other way or to completely ignore the deviant behavior of a faculty member. Finally, the case
challenges students to address appropriate workplace behaviors and to make discernments when
the line between right and wrong has been crossed.
What better setting can be used in the classroom to encourage discussion of sexual
harassment in higher education and elsewhere? Many juniors and seniors in college, both
female and male, have probably had at least one encounter that they thought might have been
sexual harassment. Since students are not required to take “training” in the subject to continue
pursuing their degrees, discussions regarding sexual harassment should take place at least once
in a semester to heighten their awareness of the topic and prepare them for life after college.

CASE SYNOPSIS

A small university with post graduate programs provides the setting for the scenario. The
key player in the case is the female graduate student, Mary. Mary’s undergraduate advisor, Dr.
Wallace, is chosen as the confidant whom Mary shares her version of a series of awkward,
uncomfortable encounters she has experienced with the director of the graduate program Dr.
Mayberry. Mary also tells Dr. Wallace the other things she has heard about the director of her
program, Dr. Mayberry.

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Dr. Wallace and Mary meet with the Dr. Goodnight, the department chair, to seek
guidance in determining what to do about the situation. The subtle nature of this sexual
harassment allegation should be explored and possible courses of action should be vetted. It will
be useful in Human Resource Management programs but can lend itself to a wide variety of
discussions on workplace behavior.

INSTRUCTORS' NOTES

Students should be instructed to read the case and Appendix A, “What is Sexual
Harassment?” before discussing the case.
Have students complete the following questions either individually or in small teams of
no more than three students to a team.
The case lends itself to current articles and events in the news, students should be
required to bring at least one additional article to complement the information provided here.

1. As the information is presented, is sexual harassment actually described in the case?

If so, why? If not, then why not?
a. Have students refer first Appendix A, and then read the case again. They should be
able to identify elements of sexual harassment from the case.
b. Not only do Dr. Mayberry’s comments make Mary feel uncomfortable, they frighten
her.
c. In the discussion the advantage of power that Dr. Mayberry has over Mary’s future
should be introduced here. This is not just any person making crude remarks; this
person is chair of her committee and will need to sign off on her research so that she
may be awarded her Master’s degree.
d. The fact that Dr. Mayberry repeatedly makes inferences about getting closer,
physically, to Mary, may mean that she should tell someone about the situation. She
is concerned that if she insults him or continues to follow protocol and follow chain
of command through to Dr. Mayberry’s supervisor, which in this case is probably at
the level of vice president, that it will be her word against his. He has tenure. He is in
a position of power.
e. The element of power exhibited through Dr. Mayberry over Mary lays the foundation
for this to truly be sexual harassment.
2. Suppose that one or more of Dr. Mayberry’s exchanges with Mary included
something similar to the following: “If you work out with me then I’ll make sure that
your final project makes it through committee without any problems.” Are there
different types of sexual harassment? Does a statement like this alter the circumstance
of sexual harassment?
a. Sexual harassment is generally considered to exist in two forms: A hostile
environment and Quid Pro Quo.
b. In the case, the repeated subtle comments by Dr. Mayberry would likely create a
hostile environment. A hostile environment is characterized by conditions that are
intimidating or offensive to a reasonable person.

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c. In Latin quid pro quo means "something for something" and represents the conditions
in which Dr. Mayberry seems to offer a promise of making Mary’s final project run
smoothly in exchange for Mary working out with him. In the workplace, quid pro quo
harassment occurs when a manager merely hints that an employee will receive
something (a raise or a promotion) in return for that employee's satisfaction of a
sexual demand.

3. Does Dr. Wallace follow appropriate protocol in the case by accompanying Mary to
Dr.Goodnight’s office and both of them recounting the incident?
a. Appendix A will be helpful here. Introduce a managerial chart to determine the level
at which Dr. Mayberry functions in the university setting. Have the students
determine his immediate supervisor and human resources officer for the university.
b. This is a good place to ask students to vote on whether there was enough evidence to
pursue an investigation of a sexual harassment complaint.

4. What should Dr. Goodnight do next after listening to Mary’s account of Dr. Mayberry’s
unwelcomed remarks to her? Should he suggest that Mary has only a few hours left in
course work and research preparation, and if she does take the incident to the human
resources officer, Mary’s predicted graduation date may be postponed? Or, she may
never graduate from the program.
a. Should he and Dr. Wallace agree that one of them will accompany Mary to Dr.
Mayberry’s office when she is required to have additional meetings with him? And, in
that solution she will not be accusing Dr. Mayberry of anything, and she will be
protected from Dr. Mayberry’s comments, if indeed, he chooses to make them when
either of the other professors are present?
b. Or, should Dr. Goodnight follow through with actual contact with the human
resources director for the university with Mary’s account of what she encountered
when she was at the recreation center and in Dr. Mayberry’s office?
c. Have students give reasons for selecting any of the above solutions, and encourage
them to think about what they would do if they were the ones in Mary’s situation.

5. Did Mary follow protocol by reporting the incident to Dr. Wallace?

a. In Appendix A under Reporting Sexual Harassment it is stipulated: If the alleged
harasser is a faculty or staff member, the complaint should be made to the alleged
harasser’s supervisor and/or the director of human resources.
b. While it may be argued that Mary did not follow protocol, it seems reasonable to
conclude Mary is simply seeking advice rather than filing a complaint.

6. What should the university do to help students prevent sexual harassment?

a. The university could initiate a sexual harassment awareness program that targets
first-time students. It could supplement awareness by posters in most common areas.
b. University registration holds are an effective means to make participation in sexual
harassment awareness programs mandatory.

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7. How should the university evaluate the effectiveness of sexual harassment trainings?
a. Student surveys could capture awareness of the elements of sexual harassment.
b. Sexual harassment reporting records could be reviewed to identify changes.

APPENDIX A: WHAT IS SEXUAL HARASSMENT AND REPORTING IT

It is in accordance with federal and state law to prohibit unlawful discrimination as

outlined in university policy (Discrimination Complaints/Sexual Harassment). Sexual
harassment is a form of sex discrimination.

What is Sexual Harassment?

Sexual harassment is described as unwelcome sexual advances, requests for sexual favors
and other verbal or physical conduct of a sexual nature even if carried out under the guise of
humor. These actions constitute sexual harassment when:
Submission to or tolerance of such conduct is made either explicitly or implicitly a term
or condition of an individual’s employment or education;
Submission to or rejection of such conduct by an individual is used as the basis for
academic or employment decisions (including admissions and hiring) affecting that individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s
academic or professional performance or creating an intimidating, hostile or offensive
employment, education or living environment.
Physical conduct that, depending on the totality of circumstances present, may constitute
sexual harassment includes but is not limited to:
• Unwelcome intentional touching;
• Deliberate physical interference with or restriction of movement; or
• Sexual violence.
• Verbal conduct, defined as oral, written or symbolic expressions (regardless of the
method of communication) that, depending on the totality of circumstances present may
constitute sexual harassment, includes but is not limited to:
o Explicit or implicit propositions to engage in sexual activity;
o Gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature
about clothing or bodies;
o Gratuitous remarks about sexual activities or speculation about sexual
experiences;
o Persistent, unwanted sexual or romantic attention;
o Subtle or overt pressure for sexual favors;
o Exposure to sexually suggestive visual displays such as photographs, graffiti,
posters, calendars or other materials; or
o Deliberate, repeated humiliation or intimidation based upon sex.

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REPORTING SEXUAL HARASSMENT

A member of the university community who wishes to file a complaint regarding sexual
harassment by an employee or student of the university should take the following action:
• If the alleged harasser is a faculty or staff member, the complaint should be made to the
alleged harasser’s supervisor and/or the director of human resources.
• If the alleged harasser is a student, the complaint should be made to the dean of student
affairs.
• If the alleged harasser is a third party, neither an employee nor a student, the complaint
should be made to the director of human resources.
• Any complaint also may be made to the university’s Title IX coordinator

Since the University can only take corrective action when it becomes aware of problems,
the university encourages individuals who believe that they have experienced sexual harassment
to come forward with their complaint and seek assistance.
Reports of sexual assault and other crimes should be directed to the university police
department, regardless of whether the matter also is being reported and investigated as sexual
harassment. Those making a criminal complaint will be informed of their option to also make a
sexual harassment complaint under the university’s Discrimination Complaints/Sexual
Harassment policy.
The university can most effectively investigate and respond to alleged sexual harassment
if the complaint is made as promptly as possible after the alleged harassment occurs. Complaints
must be made in writing and must be filed within 180 calendar days of the alleged violation.

Journal of the International Academy for Case Studies, Volume 21, Number 6, 2015
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