Kerans v. Porter Paint Co. (1991), 61 Ohio St.3d 486. Employers are protected from liability for hostile environmental harassment by appropriately responding to harassing conduct in a manner designed to create a consciousness in employees that sexual harassment will not be tolerated.

Arcuragi v. Miami University (May 15, 1995), Preble App. No. CA94-09-024, unreported, 1995 WL 295247; cert denied (1995), 74 Ohio St.3d 1422. Regardless of whether appellant's instances of misconduct violate a sexual harassment policy or establish a prima facie case of sexual harassment, they may be considered evidence of failure of good behavior and a continuation of prior unacceptable behavior in general, sufficient to justify appellant's removal where appellee alleged both sexual harassment and failure of good behavior in its removal order.

Dennis v. Carroll County Dept. of Human Services (Jan. 28, 1993), Harrison App. No. 442, unreported, 1993 WL 19622. "Failure of good behvior" is not so vague in the context of sexual harassment that a person cannot understand it; the test is whether a statute forbids or requires conduct "in terms so vague that persons of common intelligence must necessarily guess as to its meaning and differ as to its application."

Johnson v. Hamilton County Board of Commissioners (Feb. 12, 1996), Hamilton Co., No. A9405178, unreported. Lack of culpable intent on the part of Appellant did not constitute sufficient grounds to disaffirm Appellant's removal for engaging in acts of sexual harassment. View Common Pleas Decision | View SPBR Order

Lauck v. Franklin County Sheriff (Oct. 20, 1993), Franklin Co., No. 93CVF-01-632, unreported. In a conversation with a female deputy about the correct fit of her uniform, supervisor's use of coarse terms to describe parts of the anatomy did not rise to the level of unprofessional conduct or disciplinary infraction, where supervisor was merely making suggestions in order to bring the deputy's uniform into compliance with the sheriff's department dress code. View Common Pleas Decision | View SPBR Order

Sisler v. Ohio Dept. of Highway Safety (Oct. 9, 1990), PBR 89-RED-08-0462; aff'd (Apr. 20, 1993), Delaware Co., No. 90CVF10-609. Language which engenders offensive feelings in an employee does not affect the conditions of employment to a sufficiently significant degree to constitute racial or sexual discrimination, but must be supplemented by proven conduct revealing harassment or discrimination if the appellant is to be found to have adopted a policy or practice resulting in racial or sexual harassment or discrimination. R.C. 124.34. View Common Pleas Decision | View SPBR Order