reasonably there's the issue of whether the employer acted reasonably or exercise reasonable care to prevent harassment and whether the employee acted on reasonably in failing to take advantage of the employer safeguards he sues the question earlier i had been struggling with that for a lot of years it was very hard to continue working there but i needed a job in the money into one of my family down i continued like i said it was one day a week so she stressing that she had she had a part time job in the submission essentially makes makes the order that the policy was in a place that isn't what it is but if you take a look at these facts she had the opportunity to report it she knew where to go and she you have some type of evidence like i had here with what happened with sherry and you look at the site also i can't beat we have a policy we don't mike these types of cases we don't like sexual harassment you know one  in both instances the women stated that they did not feel that it was offensive conduct and they did not want to make a report they both said i didn't think anything of it but then talked down you asked people who were under his  isn't that a problem that the policy is not affected we can see from the record that this is happening and it's there's no report so it's a policy effect it well for the county's perspective the policy was working because the only times that well that particular circumstance was a socially show futility and shows that her dog reporting is in fact reasonable well because all the facts in this case support the fact he said you know things will happen to you he was nasty when you know when when she wasn't complicit with him she knew he had been with him twice and he was getting away with it why doesn't this excuse her that this was unreasonable as a matter of law yes could reasonable minds not differ as to whether this was unreasonable as a matter of law well i think the fact that it should never reported the policy and deal with the fact that she when she was good for it you think could someone have a reasonable person credit her argument if she testifies to this and credit that she was acting reasonably in view of the facts of report if the county doesn't know that anything is going on what kind of standard can we place the employer in to say that we have to investigate every situation do you believe and i think we have a situation here where the last eight months  year has has informed our thinking as to reporting where the person that you're going to report on is in a position of authority do you not think that a reasonable in this day and age could look at her plight and the fact that i mean she didn't want to tell her husband she told her husband he said quit she says i can't lose my job do you not think that a reasonable juror hearing what she's going through could say you know what if i were in that situation i might not report it also i think it is a very difficult situation that the world deal with i also think it's extremely important to keep in mind that as the person who is suffering the abuse we have a duty to act and to say something and to not let a situation happen and to let it happen for different mice a result of because those assertions are not all supported by the facts for her to believe something someone selling her when the situation she can see around her is different i think that makes th actually again the bottom line is the county was unaware that she was facing harassment for only be so she had not to report is her supervisor saying you better not report because they made a women eat your job is not a physical threat is not something that would prevent her from reporting harassment by the harasser when we only one telling her not to do this and the only facts we have are that when the care we become aware of this he was  legal facts that they just stated to support that is that discovery had taken place in the district court and so it would be more convenient it's a wee bit there but there's a case that  was it that we hear about this now well i think i didn't know i didn't think that this was such an issue until i started reading the materials again and saw that  you know they had alluded to this discovery issue i would have made common sense argument that there's nothing that prevents them from using all that material benteke when from the discovery in the in the state court case anyway  support of her notion that they would get rid of her if if their work complaints really arose out of a discussion that had absolutely nothing to do with craig complaining about sexual harassment it had to do with her being in her office and not doing work when the when sylvia beamer came in or when the commissioners came in and what she testified to was that was told her when there are really no and you know he'd better do you work or they'll get rid of your position they'll get rid of you get better you better look busy i think work is work so there's no there's no factual basis for anyone everything he comes back to church screen which questions in the beginning what were the facts are there from which a jury can conclude that she's speculating that that that that would happen but i don't know that it's even a rational speculation in the in the workplace  if they were at the warriors for the defendants at least two potential jurors who think that it was already that it was on reasonable for her not to report it but my point is that when you consider all the facts it is worth facts in the representations made let me just read that touches on your honor's point about the policy the question to mr northcote deposition stuff started to happen did you read it did you go back and take interest in what the policy was on harassment and still not immediately shortly after you started doing this there came a time when i was standing in the doorway hiring something he came up behind me and hugged me he did the usual you know put me up against back up against him at that point the secretary from across the hallway walked by the door and seen him doing this she stepped in and said i thought you said yesterday you're not supposed to do that anymore he looked with a blank look on his face like he didn't know what to say for seven minutes he didn't say anything nothing when he said well that's over there over here i can do whatever i want to the county courthouse he could not but in the county office building he can