I am writing a mini appellant brief and I have to suport why a university is not liable for the harassment of its two employees a male and female. The female was harassed by another employee by sexual comments the male was harassed by a hostile work enviornment. My question is how would I argue in favor of the university?

Question

I am writing a mini appellant brief and I have to suport why a university is not liable for the harassment of its two employees a male and female. The female was harassed by another employee by sexual comments the male was harassed by a hostile work enviornment. My question is how would I argue in favor of the university?

Answer 1

I have no idea since this is not an English question, but a law question.

However, I do think you should spell the word correctly -- appellate.

http://www.law.fsu.edu/library/flsupct/sc02-152/02-152ans.pdf

Answer 2

To argue in favor of the university and establish that they are not liable for the harassment of their two employees, you can consider the following key points in your mini appellant brief:

1. Lack of Knowledge: Highlight the fact that the university was not aware of the harassment until it was reported by the affected employees. This is important because an employer can only be held liable for harassment if they were aware of the situation and failed to take appropriate action.

2. Prompt and Appropriate Response: Emphasize the timely and adequate response taken by the university upon receiving the complaints. Discuss any evidence of the university promptly investigating the allegations, taking corrective actions, and implementing measures to prevent future incidents of harassment.

3. Anti-Harassment Policies: Outline the existence of well-established anti-harassment policies and procedures within the university. Mention any training programs or initiatives that demonstrate the university's commitment to creating a safe and respectful work environment. These policies and programs can serve as evidence to showcase the university's proactive steps to prevent harassment.

4. Lack of Negligence: Argue that the university exercised reasonable care to prevent and promptly address any incidents of harassment. Cite any specific measures or protocols they have in place to prevent and respond to harassment, such as providing channels for reporting complaints, conducting regular evaluations, and imposing disciplinary actions.

5. Remedy for Harassment: Acknowledge that while harassment did occur, it was not due to the university's negligence or failure to provide a safe working environment. Argue that the affected employees have legal recourse to seek remedies directly from the alleged harasser, rather than holding the university accountable for the actions of an individual employee.

Remember, these are general points to consider, and you should tailor your arguments based on the specific facts and circumstances of the case. Make sure to support your arguments with any relevant laws, regulations, or court precedents to strengthen your case.