The University of Tennessee at Martin, as an employer, is liable for the conduct of its agents and supervisors in two situations:

• where the supervisor knew or should have known about the conduct and failed to take immediate and appropriate corrective action; or
  
• regardless of whether the supervisor knew or should have known about the conduct, where the harassing supervisory employee is acting in an “agency capacity.”

If a non-supervisory employee acts with apparent authority to control the terms and conditions of employment, the employer (university) may also be liable.

An employer (university) is liable for harassing conduct between coworkers when an individual in a supervisory position knew or should have known of the conduct and failed to take immediate and appropriate corrective action.  Moreover, an employer is liable for harassing conduct toward its students when an individual (department chairperson, dean/director/coordinator or other administrator) knew or should have known of the conduct and failed to take immediate and appropriate corrective action.  If a student or employee complains about the harassment to a supervisor, then the employer knows of the harassment.