Crush(ed)
A Compliance Case Study
The People:
Kelly – A graduate student in the School of Medicine’s Department of Pathology
Victor – A postdoctoral fellow who works in the Clinical Chemistry Lab
Anthony – A PhD candidate who works in the Clinical Chemistry Lab
Dr. Lee – Their supervisor and department head
Michael Dowd – The academic advisor for the Department of Pathology
The Setting:
The Clinical Chemistry Lab
The Event:
Kelly was dreading going into the lab today, but she had to collect more data for her thesis on viruses. She loved what she was studying and every day her decision to go the thesis route confirmed that this was the right career path for her. But lately, her time in the lab had been less than enjoyable.
She tried to time her visits so that she missed Victor and Anthony because they made her feel uncomfortable, especially when it was just the three of them in the lab. Unfortunately, since they both worked there, it was becoming harder and harder to avoid them.
Victor had a way of touching her multiple times during his shift; he always apologized after he touched her shoulder or back or thigh – but it still felt like a violation.
And then, Anthony came up to her last week and told her that he and his wife had looked her up on LinkedIn and his wife thought Kelly was pretty. “I told her you’re even hotter in person.” Then he told her that Victor had a crush on her.
“I have a boyfriend,” she told him.
“Oh! Really?…” Anthony started asking questions about her relationship with her boyfriend, and then he went over to Victor and was whispering as they both looked at her. Kelly knew Anthony was telling Victor she wasn’t interested in him and that she had a boyfriend.
And then, things got worse. She was working at her computer, entering some data, when she realized Anthony was standing next to her. “Hey, sorry to bug you, but I’ve been doing some research on vaginal infections. Look at these pictures. Have you ever heard of this? Have you ever had this?” That was it. That was the moment she knew she couldn’t take it anymore.
Kelly’s friends had advised her to approach Dr. Lee a long time ago, but she was worried about repercussions. Now that she was knocking on his office door, she had that thought again.
“Dr. Lee?”
“Ah, Kelly! Come in. How can I help?”
“Dr. Lee, I thought you should know about something that’s been happening and it’s affecting my ability to focus on my thesis project.” She told him about Victor and Anthony – what they had done and said – and how she not only felt violated but felt like they were keeping her from completing her research. He just shook his head and said, “Okay, I’ll talk to them, but you know what they say: Boys will be boys.”
The next time Kelly entered the lab, Victor and Anthony were both there, but they barely looked up. “Okay,” she thought, “This isn’t going to feel all warm and fuzzy, but at least they’ll leave me alone.” Things were quiet for a couple of hours and she was able to get some work done. Anthony left to get some lunch and things were fine until her screen froze and then everything disappeared and she saw the proverbial “blue screen of death.”
“No! My data…” Kelly cried, while trying to remain calm, “It was in Google sheets, so it should still be there. I need to see another computer.” She tried getting into the lab’s computers but for some reason that wasn’t working. “I wonder if someone changed the password?”
She looked at Victor and knew she’d have to ask him for help. She walked over and stood behind him. He had his headphones on. “Victor?” Nothing. “Victor?! Excuse me! Can you hear m-”
He spun around and looked at her. “What?” Kelly explained the problem with the computer and how she was worried about her data. Victor just looked at her with resentment in his eyes. “Why don’t you get your boyfriend to fix it?”
The next day, Dr. Lee’s phone rang. It was Michael Dowd, the academic advisor for the Pathology Department.
“Dr. Lee, we need to talk. Kelly Corcoran has just requested to change her track. She’s saying she can’t complete her thesis because she’s being harassed by the other students in your lab.” After they spoke, Michael called the Helpline. Kelly was too good a student and had worked too hard to walk away from her passion. Something had to change.
The Takeaway:
The ICO conducted an investigation into what happened between Kelly and the other students in the Clinical Chemistry Lab. Because some of the accusations were of a sexual nature, the ICO needed to partner with the Title IX team from VCU’s Equity and Access Services (EAS). Some of the allegations were substantiated and some were not, but the entire investigation team noted that Dr. Lee should have reported what Kelly told him as soon as she left his office. This is because:
- Under the Duty to Report Policy, all employees in a supervisory role are obligated to report any information shared by an employee where they make a claim of harassment.
- Under the Title IX Sexual Harassment Policy, Dr. Lee and Mr. Dowd are considered Responsible Employees and, as such, have an obligation to report any concerns about sexual harassment to the Title IX Coordinator.
Dr. Lee’s report(s) to ICO or to EAS would have resulted in those offices coordinating an appropriate response. Despite the results of the investigation, it’s important to note several things:
First, Kelly made it clear that she did not want to be touched by Victor; she told him repeatedly, yet he continued. No means no, even when the person doing the touching claims they’re not doing it in a sexual way.
Second, consideration should be given to when, how and to whom you discuss images of body parts and other sensitive material that relates to the work you’re doing or the research you’re conducting; paying close attention to the demeanor and body language of the person you’re talking to can tell you whether they’re feeling uncomfortable with the material, or worse, victimized. Asking someone about their own health is also inappropriate, and inquiries like “Have you ever heard of this?” should be kept work-related, rather than made personal (“Have you ever had this?”).
Third, care should have been taken to counsel all lab employees about proper behavior in the workplace; everyone has the right to work in a place where safety, mutual respect and professionalism exist. Dr. Lee should have been involved in making sure that this happened. Instead, Kelly’s dream was deferred because her feelings of safety in the lab were crushed.
Please note: The names, locations and details of this case study have been changed to protect the people involved in the actual case.
If you or a colleague feel that you’re being sexually harassed, please contact the ICO at (804) 828-2336 or vcuhelpline.com, or EAS at (804) 828-1347 or titleix@vcu.edu.