Exempt if happened on stage?

[TAZ175]

I live in Oklahoma. At a university faculty get-together, three female and one male faculty member did a lip sync of a Dolly Parton song. One of the females had added balloons under her shirt to simulate the well-endowed Dolly Parton.

During the skit the male faculty member reached over the shoulder of the Dolly Parton and groped one of her breasts. The lady looked startled and pushed him away. Then he did it again over the other shoulder.

The groping was not part of the skit. The lady and her husband are furious but the answer is being given that since it happened on stage as part of a skit, the unwanted touching cannot be labelled sexual harassment. Is this true?

The point being made is that the faculty members were playing other characters in the skit so "Jim" cannot be held responsible for inappropriately touching "Marcia" since it wasn't really Jim who did that but the character he was playing.

Has this defense been used before? If so, what was the result?

 

[ecmst12]

Sounds like a load of crap to me! Unwanted touching is unwanted touching, and "character" has nothing to do with it.

 

[Beth3]

So did he really grope her breast or was he groping the balloons?

 

[seniorjudge]

So did he really grope her breast or was he groping the balloons?

I think our male faculty member has disappeared.

 

[quincy]

On-stage ad-libs are generally not a defense against lawsuits. What is considered in any ad-lib is the context, and the relevance of the ad-lib to the performance. One must use reasonable judgment, responsibility and sensitivity when performing live. Whatever panders to, titillates or shocks the audience may be subject to suit if the action is repeated or sustained instead of fleeting, isolated and spontaneous. Think Michael Richardson ("Kramer") live onstage.

The fact that this faculty member repeated his groping of "Dolly Parton's balloons" showed that his was not a spontaneous act, but deliberate. If the audience members were shocked by his action, his action could be "actionable", but it is highly doubtful than anything other than a reprimand would result.

 

[seniorjudge]

...

The fact that this faculty member repeated his groping of "Dolly Parton's balloons" showed that his was not a spontaneous act, but deliberate. If the audience members were shocked by his action, his action could be "actionable", but it is highly doubtful than anything other than a reprimand would result.

....

I doubt that a deliberate groping of balloons is actionable period.

 

[quincy]

seniorjudge - You are probably right. I guess it might depend on how "groping" the groping was, and what the audience reaction was to it. If truly offensive, and obviously not part of the skit, it might be considered actionable, I think - but, yes, it is doubtful.

 

[TAZ175]

Balloons or breasts

I was seated too far away to tell for sure whether he only touched balloons or whether there was only layers of cloth between skin and fingers. It did look to me like his hand was on her breast.

However, that's not the issue that's been raised on campus. The issue that's been raised is whether it could be considered sexual assault since it occured within the context of a skit (even though the behavior was not scripted).

 

[seniorjudge]

...

However, that's not the issue that's been raised on campus. The issue that's been raised is whether it could be considered sexual assault since it occured within the context of a skit (even though the behavior was not scripted).

....

And that is EXACTLY what we have discussed.

Re-read the posts.

 

[TAZ175]

To the point

And that is EXACTLY what we have discussed.

Re-read the posts.

Forgive me. I didn't mean to imply the issue had not been spoken to. In response to Beth3, I was just trying to note that whether there were balloons or only cloth between fingers and breasts was not what was being discussed.

The posts have given very helpful input.

 

[seniorjudge]

...

The issue that's been raised is whether it could be considered sexual assault since it occured within the context of a skit (even though the behavior was not scripted).

....

Okay, regardless of your spelling errors (I hope you are not a teacher), let me tell you this: We have gotten to this point --

The issue that's been raised is whether it could be considered sexual assault....

The answer is not clear yet because we don't know who touched what. So until that is resolved, we go no further.

 

[TAZ175]

Okay, regardless of your spelling errors . . .

So, no leeway at all for considering that it might have been a typo rather than a spelling error?

 

[quincy]

Nope. No leeway at all. Sorry.

 

[seniorjudge]

Nope. No leeway at all. Sorry.

This is a very tough room to play to!