Forsman states that the perceptions of the complainant are viewed as important by the attorney who did the investigation.   The law says they very well should be.  Forsman disagrees.

http://www.titleix.ucr.edu/topic_2_1.htm

Intent vs. Impact

Sexual harassment has been evaluated by whether a “reasonable person” would consider the inappropriate conduct offensive under federal law, Title VII of the 1964 Civil Rights Act . However, in 1991, the 9th Circuit Court of Appeals decision in Ellison v. Brady, concluded that the harassing conduct must be evaluated from the perspective of the victim. This means that the inappropriate conduct must be evaluated from the victim’s perception. The victim determines whether the conduct is sufficiently severe and/or pervasive as to create a hostile environment. The intent of the harasser has no factor in the matter.

Because of Ellison v. Brady the standard brought the federal law closer to state law’s interpretation of what is a hostile work environment. Under the California Fair Employment and Housing Act, the environment is evaluated from the victim’s perspective. In this case the court acknowledges that a man or woman may suffer work environment sexual harassment even where his/her co-workers, or a “reasonable person,” would not be offended by the offensive conduct.

The Title IX/Sexual Harassment Office is aware that sexual harassment complaints may be substantiated, in part, by the victim’s perception. To determine whether or not there has been a violation of Title IX, will be determined by whether the conduct is of a sexual nature and the victim is credible, and the victim’s perception of the environment will be given great weight to the complaint.

Forsman repeatedly discounts the perceptions of the victim in his discussion yet as described in case law above it is a highly relevant portion of the finding of sexual harassment.  Forsman is not an attorney and does not have the required abilities to make such statements except as his unique opinion which does not serve the needs of the county well.

Forsman Sept 4     lynch mob

                              Discounting severity of harassment

                              Demeaning credibility of Storassli