Legal Question in Sexual Harassment in Arkansas

Does sexual harrasment have to be work/school/housing related?

I am a student at a university and we have an online forum for our department. This online forum is run by another student (with the endorsement of the department) and I have been vocally critical of the way he runs the forum. One evening at a lecture event I saw him and wanted to let him know there were no hard feelings. I gave him a hug (it was more like extending my arm around him and patting him on the back) and asked him how he was doing. Now he is claiming that that was sexual harrasment (though he is not pursuing legal action). All the information I have been been able to find on the subject seems to focus on power relationships (like teacher/student, boss/employee, etc.) and seeing as we do not have a relationship like that (we are just two students) I am not sure if it would be considered sexual harrasment under the law. When he told me he felt that way I apologized for making him feel uncomfortable. But would this be considered sexual harrasment?


Asked on 10/16/04, 10:27 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Does sexual harrasment have to be work/school/housing related?

"Sexual harassment" lawsuits are defined under Title VII of the U. S. Civil Rights Act as unwanted sexual advances by an employer over an employee. Under the facts that you describe, your fellow student does not have a cause of action for sexual harassment under federal law.

I am licensed to practice law in Tennessee, and thus I cannot comment on what AR state law may be in this area. However, in Tennessee, your fellow student would not have any cause of action at all. He would not have a cause in Tennessee for stalking behavior, and he would not be able to sue in Tennessee for battery, because he sustained no injury or harm.

It sounds like your fellow student does not know very much about the law and is just trying to embarass you.

http://riskmgmt.biz/prose.htm

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Answered on 10/17/04, 5:54 am


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