Is whistling an act which may get you booked? Tennessee State University says whistling in a suggestive manner can be considered an act of sexual harassment, which may lead the convict to get expelled or fired from the University. The University officials have made it clear that they will consider the totality of the circumstances before concluding an act as 'sexual harassment.'
Some of the other noted possible sexual harassment behaviour suggested by the University are making 'suggestive or insulting sounds', 'Suggestive or obscene gestures', 'Patting, pinching, and other inappropriate touching', and making sexual jokes in and outside the classroom.
The move from the University has not gone well with Foundation for Individual rights in education (FIRE). According to Samantha Harris, FIRE's President of Policy Research, the main problem with the guidelines suggested by the University is its vagueness.
"Very broad categories of speech are banned as harassment, simply because someone might find them suggestively offensive, and that's something that courts have repeatedly held violates the first amendment," said Harris to College Fix. Harris also criticized the University's moves to suppress jokes, humor and inappropriate communication without giving a perfect definition.
The University suggests 15 different ways by which students and employees in the University can be sued for sexual harassment.
1) Refusing to hire, promote, or grant or deny certain privileges because of acceptance or rejection of sexual advances;
2) Promising a work-related benefit or a grade in return for sexual favors;
3) Suggestive or inappropriate communications, email, notes, letters, or other written materials displaying objects or pictures which are sexual in nature that would create hostile or offensive work or living environments;
4) Sexual innuendoes, comments, and remarks about a person's clothing, body or activities;
5) Suggestive or insulting sounds;
6) Whistling in a suggestive manner;
7) Humor and jokes about sex that denigrate men or women;
8) Sexual propositions, invitations, or pressure for sexual activity;
9) Use in the classroom of sexual jokes, stories, remarks or images in no way or only marginally relevant to the subject matter of the class;
10) Implied or overt sexual threats;
11) Suggestive or obscene gestures;
12) Patting, pinching, and other inappropriate touching;
13) Unnecessary touching or brushing against the body;
14) Attempted or actual kissing or fondling;
15) Suggestive or inappropriate acts, such as comments, innuendoes, or physical contact based on one's actual or perceived sexual orientation and/or gender identity/expression.