Sexual harassment in higher education: a victim's remedies and a private university's liability

Sexual harassment is a pervasive problem in education. With victims of harassment pursuing administrative and judicial redress, an awareness of and a program for response to the sexual harassment issue are good risk management strategies for a private university and its staff, employees, and students. This article examines, first, the two types of sexual harassment recognized by law; second, the situations in which harassment in the educational context may occur; and, third, avenues of recourse for the victim of sexual harassment and the responsibility and liability of the private university when the harassment is reported or discovered. It is designed to inform and educate the faculty and administrators of private universities about the legal implications of their response to notice of sexual harassment.