Page 60 - Mini-Module 9
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The Test for Unwelcome Behavior: When does the action need to be
considered ‘unwelcome’ before sexual harassment is established?
What happens if the complainant considers the actions to be
unwelcoming and/or offensive AFTER the incident occurs? The case
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Ashton V. Wall and Anor , the test is not how the complainant views
the incident on second thoughts after dwelling upon what had
occurred for some time, but instead, whether or not they were
unwelcoming at the time the incident occurred. Moreover, the person
who committed the act must have knowledge and be aware that the
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other party considers it unacceptable .
For example, if male student A touches a female student B
inappropriately and sexually, female student B can only sue for sexual
harassment provided that she makes it known to male student A that
she finds it unacceptable and unwelcoming immediately when it
happens. If she does not let male student A know immediately, and
goes home to think about what had happened and to reconsider if it
was inappropriate or not a few days later, it will not be sufficient to
establish the element of unwelcoming behavior.
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