Actually they need quite a bit. There are two major grounds for a sexual harassment suit:
1. Quid pro quo. There have been no suggestions that this ground is appropriate in this case. This ground requires that a person in power (the professor) would directly state or imply that the student's grade would be impacted by her (in this case) refusal of sexual advances. In the Wisconson DA case, there is a woman who was trying to get her felony conviction expunged because she wanted to go to law school. His actions would probably have passed the quid pro quo test. 2. Hostile workplace. For this to be used successfully, you will have to show that the actions were repeated. (In this case, since what was being said was within the context of a classroom lecture, his previous issues would not be pertinent since they did not involve this specific group of students. If the university has a policy that is more restrictive than the law, the policy would need to have been very specific to withstand an arbitrary and capricious challenge.) They would also have to show that the comments were unwanted. Here the standard would be twofold. Did a student directly object to past comments and inform the professor of that objection. Alternatively, the standard of a reasonable person might be invoked. The question would be, "Would a reasonable person believe that the professor's comments were clearly out of line. For example, had the professor remarked that Latin women have bigger chests and that makes them more provocative, a reasonable person might view that comment out of line. In this instance, assuming that the newspaper quoted the professor accurately, I doubt this standard was met. To say that Latin women dress more provocatively, especially given the event that seemed to precipitate that comment was the Latin reporter who was widely reported to have dressed provocatively when she became the brunt of locker-room sexual harassment. I have actually had similar discussions with my students to teach them about the cultural and generational differences in how people view others' dress. Just because a discussion becomes uncomfortable, does not invalidate that discussion. There is a perception that politically incorrect speech is automatically wrong. I weigh in on this with a rather lengthy reply because I am personally very committed to the elimination of sexual harassment. I am actually the chair of the faculty committee. I am like an angry bull gator when I hear about this on my campus. I have done a lot of education people on this issue. Jerry From: [email protected] [mailto:[email protected]] On Behalf Of Oliver Barry Sent: Wednesday, September 22, 2010 11:27 AM To: [email protected] Subject: RE: [gatortalk] RE: [gatornews] [SUN]: UF professor fired after comments about women --- 9/20 18:09 --- [Crabbe] I doubt they need much for what appears to be a sexual harassment issue. Oliver Barry CRS,GRI Real Estate Broker Bob Parks Realty 1517 Hunt Club Blvd Gallatin TN 37066 Phone: 615-826-4040 Fax: 615-822-2027 Mobile: 615-972-4239 _____ From: [email protected] [mailto:[email protected]] On Behalf Of Jerry Belloit Sent: Tuesday, September 21, 2010 7:09 PM To: [email protected] Subject: [gatortalk] RE: [gatornews] [SUN]: UF professor fired after comments about women --- 9/20 18:09 --- [Crabbe] If the university does not have more than is mentioned in this article, the university might loose on this one. Jerry From: [email protected] [mailto:[email protected]] On Behalf Of Shane Ford Sent: Tuesday, September 21, 2010 10:33 AM To: GatorNEWS Subject: [gatornews] [SUN]: UF professor fired after comments about women --- 9/20 18:09 --- [Crabbe] UF professor fired after comments about women An investigation said he behaved inappropriately toward students. By Nathan Crabbe <mailto:[email protected]> Gainesville SUN Staff writer Published: Monday, September 20, 2010 at 6:09 p.m. Last Modified: Monday, September 20, 2010 at 6:09 p.m. The University of Florida has fired a professor for saying during a lesson about sexual harassment that Latin American women dress more provocatively than U.S. women. Image removed by sender. <http://www.gainesville.com/article/20100920/ARTICLES/100929965?p=all&tc=pga ll##> Click to enlarge Taylor Timothy Taylor, a professor of food and resource economics, was sent a letter of termination Friday. An accompanying investigation found that he behaved inappropriately toward female students and made a mockery of the sexual harassment lesson, with one witness claiming he made an inappropriate comment about how Latin American women dress. Food and resource economic Chairman Ray Huffaker wrote in the termination letter that Taylor previously had been suspended twice for inappropriate interactions with female students, most recently in 2008, and warned that any remotely similar incidents would result in him being fired. "The University's investigation finds that your comments had the purpose or effect of embarrassing female students and, even after the opportunities you had to change your improper behavior, you persist in making inappropriate comments of a sexual nature," Huffaker wrote. Taylor said Monday that he's filing a grievance to challenge his termination. He said he was making a point that cultural differences mean Latin American women are more provocative in their business dress than women in the U.S. He referred to the recent controversy involving a Mexican television reporter covering the New York Jets as supporting his point. Preventing professors from speaking freely about such issues, he said, stifles academic freedom. "If we can't go into a classroom and challenge people's beliefs and challenge them to be critical thinkers and maybe feel uncomfortable sometimes, how are we going to get them to think outside the box?" Taylor said. He said the class, contemporary issues in agribusiness management, is a capstone class meant to prepare students for the real world. He previously headed the UF Faculty Senate's committee on academic freedom but said he was forced to resign because it might hear his case. According to the UF investigation, another food and resource economics professor reported in April that several students came to her with allegations that Taylor had made inappropriate comments. In addition to the comment about Latin American women, witnesses said he made female students in the class feel uncomfortable by looking them up and down and once asked a female student to dance to her ringtone after her cellular phone rang in class. In 2008, he was suspended for making inappropriate comments to and touching female students. Taylor said the incident involved a party at his house in which he tousled a student's hair. No information was immediately available about the other previous incident, which Taylor said happened 15 years ago. He had been employed at UF since 1980. Taylor denies the recent allegations, saying the investigation was flawed and the statements blown out of proportion by people who want to get rid of him. "They have no case ... I will win, and I will be reinstated," he said. Contact Nathan Crabbe at 338-3176 or <mailto:[email protected]> [email protected]. -- GATORS: ONE VOICE ON SATURDAY - NO VOICE ON SUNDAY! 1996 National Football Champions | 2006 National Basketball Champions 2006 National Football Champions | 2007 National Basketball Champions 2008 National Football Champions | Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996), Tim Tebow (2007) - Visit our website at www.gatornet.us -- GATORS: ONE VOICE ON SATURDAY - NO VOICE ON SUNDAY! 1996 National Football Champions | 2006 National Basketball Champions 2006 National Football Champions | 2007 National Basketball Champions 2008 National Football Champions | Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996), Tim Tebow (2007) - Visit our website at www.gatornet.us -- GATORS: ONE VOICE ON SATURDAY - NO VOICE ON SUNDAY! 1996 National Football Champions | 2006 National Basketball Champions 2006 National Football Champions | 2007 National Basketball Champions 2008 National Football Champions | Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996), Tim Tebow (2007) - Visit our website at www.gatornet.us -- GATORS: ONE VOICE ON SATURDAY - NO VOICE ON SUNDAY! 1996 National Football Champions | 2006 National Basketball Champions 2006 National Football Champions | 2007 National Basketball Champions 2008 National Football Champions | Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996), Tim Tebow (2007) - Visit our website at www.gatornet.us
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