Mike and Kathy Are Both Tenured Associate Professors in a School's

Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking him to go anywhere. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting Kathy's behavior:

A) the school would win because a woman cannot harass a man and Mike should be flattered rather than upset.
B) the school would win because Mike and Kathy are on the same employment level and Mike cannot be truly harassed unless Kathy has the ability to impact his job status, which she does not.
C) Mike would win if he had previously complained to the school and they had done nothing to stop the harassment.
D) Mike would win because regardless of notice, the employer is per se liable for any improper activity that occurs on the job and it is their responsibility to know what is happening on their premises.
E) the school would win because Mike does not suffer from any economic loss due to Kathy's behavior.

Correct Answer:

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