Sexual Harassment

History:

• Up until the 1990’s, sexual harassment was commonplace in the workplace and in schools

• Slowly and steadily, attitudes have changed and today there are more protections in the workplace and in schools

What is Sexual Harassment?

• Unwanted or unwelcome behavior that is offensive to someone in a sexual or romantic way

• Who decides if behavior is offensive?– The recipient

– Employers and school officials• then a court if necessary

• Men and women can be victims– Most, but not all cases filed involve men harassing

women

Categories of Sexual Harassment

• Quid pro quo

– Promotions in exchange for dates

– If you don’t ……, you’ll be fired

• Hostile environment

– Unwelcome behavior that is repeated and/or pervasive (except for touching, once is enough)

• Jokes, language, posters, comments

Sexual Harassment in Schools

• Sexual harassment in schools is unwanted and unwelcome behavior of a sexual nature that interferes with the right to receive an equal educational opportunity.

• It is a form of sex discrimination that is prohibited by Title IX, a Federal law establishing civil rights in education that addresses issues of sex discrimination and, by judicial precedent, sexual harassment.

Behaviors

• Sexually harassing behaviors that can interfere with one’s educational opportunity range from:

• words (written and spoken) and gestures to unwanted physical contact.

• Some of the behaviors may also be criminal acts (assault and rape, attempted or completed and child sexual abuse).

Types of Sexual Harassment Experienced in Schools

• Sexual comments, jokes, gestures, or looks• Technology based harassment (Computer graphics

and/or obscene messages on computer/cellphone postings)

• Touched, grabbed, or pinched in a sexual way • Intentionally brushed up against in a sexual way• Flashed or mooned• Had sexual rumors spread about them• Had clothing pulled at in a sexual manner

Locations Sexual Harassment Occurred

• in the hall• in the classroom• outside of school, on school grounds (other than the

parking lot) • in the gymnasium or on the playing field• in the cafeteria • in the school parking lot • other places (includes parking lot, school grounds,

etc.)

Common Reasons for Sexual Harassment

• Thought it was funny (59%)• It’s just part of school life/a lot of people do it/it’s

no big deal (30%)• I thought the person liked it (32%)• I wanted something from that person (20%)• I wanted a date with the person (17%)• I wanted the person to think I had some sort of

power over them (10%)

What to do about it?

• If a student is a victim of sexual harassment s/he, a parent or other individual should contact a teacher or school administrator to file a complaint. If the school fails to take action to remedy the situation, a student should make his/her complaint known to the school district. If satisfactory action is still not taken, a student may file a complaint with the U.S. Department of Education’s Office for Civil Rights and/or turn to the federal courts.

What can school officials do?

• A student who is guilty of continued sexual harassment can be punished

• AEP or expulsion

• Charges can be filed with the police

• A person can be sued by the accuser

What can the legal system do?

• Criminal charges can be filed and the person can be tried

• Compensatory and Punitive damages can be awarded in a civil lawsuit