Physical harassment is usually also a criminal offence, although the criminal law does not displace the disciplinary law. The Harassment Has to Cause Real Injury . This depends on the circumstances. The injury would be real if it caused the victim actual degradation, or affected his capacity to work or to study. This could be expressed by words or conduct.
Body language is sometimes more eloquent than the spoken word.
In some circumstances, however, the absence of active opposition implies consent. In such cases, he noted, the very fact of the superior status of the person inflicting the harassment could lend credence to the victim's complaint. In most cases, he said, the question of whether or not there was sexual harassment is easily answered. In borderline cases the court has to find the proper balance in the circumstances of the particular case, bearing in mind that not every expression, nor all conduct, of a sexual nature, in the workplace or the college, must be viewed through the lens of the disciplinary code. The Instant Case .