Sexual Harassment

Sexual Harassment

U.S. Department of Education Office for Civil Rights: • “Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. Thus, sexual harassment prohibited by Title IX can include conduct such as touching of a sexual nature; making sexual comments, jokes, or gestures; writing graffiti or displaying or distributing sexually explicit drawings, pictures, or written materials; calling students sexually charged names; spreading sexual rumors; rating students on sexual activity or performance; or circulating, showing, or creating e-mails or Web sites of a sexual nature.”

What Is Sexual Harassment?Sexual harassment is not mutual and is unwelcome. It is rude, demeaning behavior and is usually about the abuse of power. • leering • wolf whistles • discussion of one's partner's sexual inadequacies • sexual innuendo • comments about bodies • 'accidentally' brushing sexual parts of the body • lewd & threatening letters • tales of sexual exploitation • graphic descriptions of pornography • pressure for dates • sexually explicit gestures • unwelcome touching and hugging • sexual sneak attacks, (e.g., grabbing breasts or buttocks )

What Is Sexual Harassment?Sexual harassment is not mutual and is unwelcome. It is rude, demeaning behavior and is usually about the abuse of power. • sexist and insulting graffiti • demanding, "Hey, baby, give me a smile" • inappropriate invitations (e.g., hot tub) • sexist jokes and cartoons • hostile put-downs • exaggerated, mocking 'courtesy' • public humiliation • obscene phone calls • displaying pornography • inappropriate gifts (ex. lingerie) • hooting, sucking, lip-smacking, & animal noises • pressing or rubbing up against the victim • sexual assault • soliciting sexual services • stalking • leaning over , invading a person's space • indecent exposure

There are two kinds of sexual harassment Quid pro quo “this for that”) Hostile environment • sexual harassment occurs when a teacher or school employee offers you a better grade or treats you better if you do something sexual. It could also be a threat to lower your grade or treat you worse than other students if you refuse to go along with a request for a sexual favor. For example, if your teacher says, “I’ll give you an ‘A’ if you go out with me,” or “I’ll fail you in this class if you don’t have sex with me,” this is sexual harassment.. • sexual harassment occurs when unwanted sexual touching, comments, and/or gestures are so bad or occur so often that it interferes with your schoolwork, makes you feel uncomfortable or unsafe at school, or prevents you from participating in or benefiting from a school program or activity. This type of harassment does not have to involve a threat or promise of benefit in exchange for a sexual favor. The harassment can be from your teacher, school officials, or other students.

Sexual Harassment in Schools, Colleges and Universities • In 1992, Christine Franklin, a high school student from a Georgia school district, became the first to win a Supreme Court case for sexual harassment under Title IX. She claimed to have been sexually harassed by her male science teacher for two years. The harassment culminated in rape on three occasions. • Equity in education is compromised and jeopardized by the existence of sexual harassment in educational institutions. • In the 1993 American Association of University Women (AAUW) study "Hostile Hallways", 85% of all girls and 76% of boys reported having been sexually harassed at school. But, says Anne Bryant, former director of AAUW, "The impact on girls is far more devastating". Many more girls than boys said that, as a result of the harassment, they were afraid in school or less confident about themselves. • Most of the harassment in junior high and high schools happens in hallways. Classrooms are the second most frequent location where harassment occurs. The most common complaints were inappropriate jokes, looks, or gestures. Sexually suggestive touching, grabbing, or pinching was the second most common complaint. • Most of the harassers are students, although 18% of all students in the survey said they had been sexually harassed by a school employee.

Quid pro quo or Hostile environment? • Mary is a student in Mr. Smith’s history class. Mr. Smith is everyone’s favorite teacher, but he has started to make Mary feel uncomfortable. He asks her to come to his room alone after school to discuss her schoolwork. When she shows up, he only talks about how pretty she is and once or twice he put his hand on her knee. He always asks for a hug before she leaves. He is now suggesting that they hold these after school meetings at a café in town. He tells her that she must continue to attend these extra discussion sessions if she wants to earn a good grade in his class

Quid pro quo or Hostile environment? • Luis gets constant attention from a particular group of girls in his high school. They send him sexually explicit notes, blow kisses at him, and rub up against him in the hallway. They wait for him when he gets off the school bus and when he gets out of class. They always seem to show up wherever he is. Someone keeps calling his house, asking for him and then hanging up, and Luis is sure it’s those girls. He has even seen them drive by his house in the afternoon. At first, he thought it was funny, but it’s starting to embarrass and frustrate him. He’s started to avoid going out so he won’t have to see them, and he’s pretended to be sick a few times so he didn’t have to go to school.

Quid pro quo or Hostile environment? • Diana’s school soccer team coach is constantly telling her sexual jokes and making suggestive comments. During practice, he whistles and winks at her when she runs by him. Diana told the coach that his behavior makes her uncomfortable, but he responded by saying that she needs to learn how to accept compliments. Recently, he showed her a calendar of bikini-clad female athletes and told her she is sexy enough to pose for such a magazine. She is thinking of quitting the soccer team just to avoid the coach.

Quid pro quo or Hostile environment? • Elisha is a student in a science class where Mr. Burns is a teacher-in-training. Elisha uses a wheelchair and usually has to wait for her aide after class. Mr. Burns often waits with her and at first she liked talking with him. He says she inspires him and sometimes strokes her hair. Their conversations have included him asking questions about her body, how it works, and what things she can do. One day he confessed being curious about whether girls like her can have sex when they’re old enough. When Elisha said talking about that with him was weird, he got flustered and said he would make sure she got an A if she didn’t mention their conversation to anyone

What can I do if I am being sexually harassed? • Don’t blame yourself. The person who is harassing you is the one doing something wrong and you haven’t done anything to cause the harassment, even if you flirted with this person or liked him/her. • Say “No” Clearly. Tell the person who is harassing you that his/her behavior offends you. They may not realize how hurtful their behavior is and may need a clear message from you to stop. If the harassment does not end, promptly write a letter asking the harasser to stop. Keep a copy of the letter. • Write down what happened. When someone harasses you or makes you feel uncomfortable, write it down in a notebook that is just for this purpose. Write down what happened, the date it happened, where it happened, and who else may have seen or heard the harassment. Also write down what you did in response, and how the harassment made you feel. Do not write other information in this notebook, such as appointments or homework assignments. Save any notes or pictures the harasser sent you. It is a good idea to keep the record somewhere besides school, such as your home or another safe place.

What can I do if I am being sexually harassed? • Report the Harassment. It is very important that you tell your parents or another adult, like a teacher or guidance counselor, about the harassment. If you want the school to do something about the harassment, you MUST tell a school official, such as the principal, that you are being sexually harassed. If you do not feel comfortable telling the school official yourself, get the help of your parents, a teacher, guidance counselor or another adult to go with you. If you and/or your parents tell a school official verbally, also do it in writing and keep a copy for yourself. If the first school official (like the principal) doesn’t respond, go to the school board or Superintendent to complain. The law says the school has to stop sexual harassment of a student whether the harasser is a teacher or another student(s) but the school is only required to stop the harassment if someone in authority at the school knows what is happening to you. So you MUST report the harassment to a school official. • Consult the school grievance policies and Title IX officer. Your school is supposed to have a policy against sexual harassment. Obtain and review a copy of the policy. The Title IX grievance policy may also give you a list of the type of behavior that the school considers to be sexual harassment. Find out from your school who the Title IX officer is for your school or district. You should be able to ask him or her questions about how to complain, and to whom. • File a Complaint With a Government Agency. If nothing happens after complaining to school officials, you and your parents can file a complaint against the school with the U.S. Department of Education’s Office of Civil Rights (OCR). Generally, you must file a complaint with the OCR within 180 days of an act of discrimination. You can call them, and they will explain how to file a complaint. • File a Lawsuit. You can also file a lawsuit against the school. If you want to do this, you should look into it quickly, because there are time limits for filing a lawsuit. States’ time limits vary from 1 to 6 years.

Many ask how one can tell whether the questionable behavior is normal flirting, the effect of raging hormones, or when it is sexual harassment. Sexual Harassment Flirting • Feels bad • One-sided • Feels unattractive • Is degrading • Feels powerless • Power-based • Negative touching • Unwanted • Illegal • Invading • Demeaning • Sad/angry • Negative self-esteem • Feels good • Reciprocal • Feels attractive • Is a compliment • In control • Equality • Positive touching • Anted • Legal • Open • Flattering • Happy • Positive self-esteem

Is This Sexual Harassment? • While at on the bus, Nina frequently makes personal phone calls to her friends. Her conversations are loud and generously sprinkled with foul and obscene language. Her peers on the bus cannot help but overhear her conversations. • Can Nina's behavior be interpreted as sexually harassing? • If no, explain why not. • If yes, explain why.

Is This Sexual Harassment? • Mihai persists in asking his classmate Maria out to dinner, even though she turns him down each and every time he requests a date. She has told him several times to stop asking. • Mihai’s behavior does not constitute sexual harassment. • True or False? Explain why.

Is This Sexual Harassment? • Alexander frequently tells off-color jokes during club meetings. Lilia is very offended. She doesn't think Alexander's jokes are so funny. • Alexander's behavior is not sexual harassment because his jokes are all in fun, and he does not intend to sexually harass anyone. • True or False? Explain why.

Is This Sexual Harassment? • Suzanna and Haikhave started dating. They can't seem to get enough of each other. They take bathroom breaks and lunch together and are often seen flirting at the vending machine. They are clearly infatuated with each other. • Romance has no place at school. This couple's behavior is clearly at risk for sexual harassment. • True or False? Explain why.

Is This Sexual Harassment? • Timur and Olga travel together on a field trip. In the bus ride from the museum to the school, Timur snuggles up to Olga and tries to hold her hand. Olga strongly objects, and Timur backs off. • While Olga finds Timur's behavior offensive and unwelcome, the regulations regarding sexual harassment in school are not relevant, since Timur and Olga were not at their school when the incident happened. • True or False? Explain why.

Is This Sexual Harassment? • Victor: Well I think that the club meeting went pretty well? • Lana: Good, so did I. • V: You know, you really ought to wear that outfit to every club meeting. It was a big hit. And that perfume again? Terrific! • L: Victor stop it! • V: What do you mean? • L: I don't want you making comments like that about my appearance or my personal life. That's off limits. • V: Well lighten up. How was I supposed to know? You never said anything about this before. • L: I tried to. But you didn't take a hint. So now I'm telling you; I want it to stop. It makes me feel uncomfortable. • V: Can't you take a compliment? • L: I want you to stop talking to me this way. Your comments have made me feel uncomfortable. Don't do it again. • V: Fine. If that's the way you want it. • Are Victor's comments to his classmate of line? • Explain and discuss.

Sexual harassment common in schools • Nearly half of students in a nationally representative sample of students in grades seven through 12 reported that they had been subjected to some form of sexual harassment and most said it had a negatively impacted them • 18 percent of boys versus 14 percent of girls said they had sexually harassed other students. Most student who admitted to this behavior — 92 percent of girls and 80 percent of boys — said they had been victims of it themselves. • 44 percent of students who admitted to sexually harassing said it wasn’t a big deal, and 39 percent said they were trying to be funny. • 9 percent of the students — 12 percent of girls and 5 percent of boys — who were victims of harassment reported it to a teacher, counselor or other adult at school • 37 percent of girls and 25 percent of boys said sexual harassment had caused them to want to say home from school • Forty-eight percent of students surveyed said they had experienced some form of sexual harassment in the last school year — in person and/or over the Internet — and 87 percent said it had a negative impact on them. • 56 percent of girls reported being sexually harassed in class and/or over the Internet, compared to 40 percent of boys • 18 percent of both girls and boys reported being called gay or lesbian in a negative way • 33 percent of girls, and 24 percent of boys, reported witnessing sexual harassment at school (18 percent of students). And 56 percent reported witnessing it more than once during the year. • 27 percent of students said they talked about it with parents or family members, including siblings. Girls were far more likely to talk with parents and other family members than boys, 32 percent versus 20 percent. • 22 percent of girls and 14 percent of boys said that sexual harassment had caused them to have trouble sleeping

Students who were sexually harassed experienced one of the following: • Having someone make unwelcome sexual comments, jokes, or gestures to or about you • Being called gay or lesbian in a negative way • Being touched in an unwelcome sexual way • Having someone flash or expose themselves to you • Being shown sexy or sexual pictures that you didn’t want to see • Being physically intimidated in a sexual way • Being forced to do something sexual • Being sent unwelcome sexual comments, jokes, or pictures or having someone post them about or of you • Having someone spread unwelcome sexual rumors about you

Works Cited • http://www.feminist.org/911/harasswhatdo.html • http://www.equalrights.org/publications/kyr/shschool.asp • http://www.washingtonpost.com/blogs/answer-sheet/post/report-sexual-harassment-common-in-schools/2011/11/07/gIQA0byEvM_blog.html • http://www.stopvaw.org/uploads/case.pdf

Sexual Harassment