Dailey likely not guilty of harassment

Most of the 500 students in Kansas University professor Dennis Dailey’s class on human sexuality are not offended by the subject matter or by Dailey’s provocative teaching style.

But Jessica Zahn, a student in Dailey’s class made it clear Tuesday on Fox News Channel’s “The O’Reilly Factor” that she was plenty put off by Dailey’s foul language, crude comments and explicit videos.

Does that mean Zahn is being sexually harassed?

Probably not, said Alan Rupe, a Wichita attorney well-known for his expertise in sexual harassment law.

“If the professor makes clear at the beginning and throughout the course that the course’s content is going to be explicit and sexual in nature because that’s the kind of course it is, then the student takes on what’s called ‘assumption of risk,'” Rupe said. “In essence, she’s saying she will accept the material and that it will not be unwelcomed.”

The same principle, Rupe said, prevents someone from taking a job at an adult video store and later claiming harassment because they were exposed to pornography.

Students in Dailey’s class have said they repeatedly were warned about the class’ content and encouraged to skip sections they might find offensive.

Without those warnings, Rupe said, Dailey would be vulnerable.

“That would be like students being told they’re in an English literature class and then, all of a sudden, the subject matter turns to pornography,” Rupe said. “But that’s not what they were led to believe the class was about.”

Can Zahn claim she has the right to take a human sexuality class and not be exposed to foul language and offensive videos? And is the university obligated to provide such a class?

Probably not, said Elinor Schroeder, a distinguished professor at the KU School of Law.

“Just because you want knowledge doesn’t mean you’re entitled to a course that provides that knowledge,” Schroeder said.

Earlier this week, Zahn revealed that she supplied Sen. Susan Wagle, R-Wichita, with information Wagle used to introduce a budget amendment aimed at restricting Dailey’s classroom behavior.

The amendment passed the Senate and House but was vetoed by the governor.

Contacted Wednesday by the Journal-World, Dailey declined comment.