Sexual Harassment at School
Sexual harassment in schools is illegal under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in schools receiving federal funds. This law applies to all school-sponsored activities -- athletics, field trips, extracurricular programs, and bus or school-sponsored transportation. Title IX protects all students, male or female, from two types of Sexual Harassment: (1) quid pro quo and (2) hostile environment.
What should I do if I am being sexually harassed at school?If you are being sexually harassed, you are already aware of how humiliating, embarrassing or frightening an experience it can be. You are protected against this kind of behavior by Title IX, a federal law that prohibits sex discrimination in education.
There are steps you can take to bring an end to sexual harassment some you take on your own, and others you take with adults who are both willing and required, by law, to help you.
1. Do not ignore the sexual harassment.
2. Tell or write the person who's harassing you to STOP. It may not always be clear to your harasser that the behavior is unwelcome. If you're able, tell the person directly--or write in a letter--that you don't like his or her behavior and that you want it to stop. In a situation where you are afraid to address a harasser directly, you'll need to involve your parents and/or school officials.
3. Talk to someone you trust about how you're feeling. Friends, a trusted teacher, siblings and parents can all be helpful in giving you loving support as well as ideas for how to stop the harassment.
4. Inform your teacher, counselor or school principal that you are being sexually harassed. (Either you or your parents can bring the situation to their attention.) The school has a legal responsibility to respond to sexual harassment of its students.
5. Ask to see your school's sexual harassment policy. Schools are required to have a "Title IX" or sexual harassment policy. This policy should outline the proper steps or procedures you should take, and those THEY will take, in response to sexual harassment. Many schools include this policy in their student handbook. The school office should also have a copy of this policy readily available for you to read.
6. Find out who your school's Title IX officer is and contact him or her. Schools are required to identify a "Title IX" officer, at their school or at the school district, who responds to questions and complaints about sexual harassment. Some schools (or districts) have two appointed Title IX officers -one male and one female- in case students find it more comfortable reaching out to an adult of a particular gender.
7. If nothing happens after complaining to school officials, you can contact the Department of Education's Office of Civil Rights and file a complaint against the school. (You can also file a complaint against the school in either state or federal court.)
Saturday, November 15, 2008
"Facts About Sexual Harassment"
Facts About Sexual Harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.Unlawful sexual harassment may occur without economic injury to or discharge of the victim.The harasser's conduct must be unwelcome.
It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
Important note: Schools and some companies are now requiring immediate intervention if they learn there is sexual harassment occurring. If you are a student being harassed by a teacher, professor, or other employee from your school, any school employee you speak to about the harassment is required by law to report the behavior to the administration. This is also becoming policy at some companies--if you are being harassed by another employee, check your company sexual harassment policy before talking to a supervisor as they may be obligated to report the harassment to the higher-ups. If your situation reflects either of these, it's best to be careful who you talk to, or be sure of the timing, otherwise you may end up in a formal investigation without wanting to be, or before you are ready.
Note on sexual harassed in school: Recent changes to Title IX hold academic institutions more liable for protecting sexual harassment complainants from retaliation. Also, your identity must be kept confidential except where necessary for investigative purposes.
Know your rights in this process ahead of time. If the institutional grievance channels do not clear up the situation, besides contacting a lawyer, contact the U.S. Department of Education's Office of Civil Rights.For more information about the sexual harassment and the legal process (i.e. state laws, more legal resources) refer to the Legal Zone in the Resource Center at the Forum.The Effects of Sexual Harassment on the VictimThe effects of sexual harassment vary from person to person, and are contingent on the severity, and duration, of the harassment. However, sexual harassment is a type of sexual assault, and victims of severe or chronic sexual harassment can suffer the same psychological effects as rape victims. Aggravating factors can exist, such as their becoming the target of retaliation, backlash, or victim blaming after their complaining, or filing a formal grievance. Moreover, people who have experienced sexual harassment occupy a place in our society that is similar to where rape victims were placed in the past, and they can be abused further by the system that is supposed to help and protect them. Indeed, the treatment of the complainant during an investigation or litigation can be brutal, and add further damage to their life, health, and psyche. Depending on the situation, a sexual harassment victim can experience anything from mild annoyance to extreme psychological damage, while the impact on a victim's career and life may be minimal, or leave them in ruins.
Some of the effects a sexual harassment victim can experience:
Decreased work or school performance as the victim must focus on dealing with the harassment and the surrounding dynamics and/or effects; psychological effects of harassment can also decrease work and school performance
Increased absenteeism to avoid harassment, or because of illness from the stress
Having to drop courses, or change academic plans; academic transcripts may be weakened because of decreased school performance
Retaliation from the harasser, or colleagues/friends of the harasser, should the victim complain or file a grievance (retaliation can involve revenge along with more sexual harassment, and often involves stalking the complainant)
Having one's personal life offered up for public scrutiny --the victim becomes the "accused," and their dress, lifestyle, and private life will often come under attack. (Note: this rarely occurs for the perpetrator.)
Being objectified and humiliated by scrutiny and gossip
Becoming publicly sexualized
Defamation of character and reputation
Loss of trust in environments similar to where the harassment occurred
Loss of trust in the types of people that occupy similar positions as the harasser or their colleagues
Extreme stress upon relationships with significant others, sometimes resulting in divorce; extreme stress on peer relationships, or relationships with colleagues
Being ostracized from professional or academic circles
Having to relocate to another city, another job, or another school
Loss of job and income; loss of tuition because of having to leave school
Loss of references/recommendations
Loss of career
Weakening of support network: colleagues, friends, and even family may distance themselves from the victim or abandon them altogether.
Some of the health effects, psychological and physiological, that can occur in someone who has been sexually harassed:
Depression
Anxiety and/or panic attacks
Traumatic stress; post-traumatic stress disorder (PTSD)
Sleeplessness and/or nightmares
Shame and guilt; self-blame
Difficulty concentrating
Headaches
Fatigue or loss of motivation
Difficulties with time (forgetting appointments, trouble gaging time)
Stomach problems; gastrointestinal disorders
Eating disorders (weight loss or gain)
Feeling betrayed and/or violated
Feeling angry or violent towards the perpetrator
Feeling powerless, helpless, or out of control
Increased blood pressure
Loss of confidence and self esteem
Overall loss of trust in people; problems with intimacy
Problems with sex (sexual dysfunction)
Withdrawal and isolation
Suicidal thoughts or attempts; suicide
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.Unlawful sexual harassment may occur without economic injury to or discharge of the victim.The harasser's conduct must be unwelcome.
It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
Important note: Schools and some companies are now requiring immediate intervention if they learn there is sexual harassment occurring. If you are a student being harassed by a teacher, professor, or other employee from your school, any school employee you speak to about the harassment is required by law to report the behavior to the administration. This is also becoming policy at some companies--if you are being harassed by another employee, check your company sexual harassment policy before talking to a supervisor as they may be obligated to report the harassment to the higher-ups. If your situation reflects either of these, it's best to be careful who you talk to, or be sure of the timing, otherwise you may end up in a formal investigation without wanting to be, or before you are ready.
Note on sexual harassed in school: Recent changes to Title IX hold academic institutions more liable for protecting sexual harassment complainants from retaliation. Also, your identity must be kept confidential except where necessary for investigative purposes.
Know your rights in this process ahead of time. If the institutional grievance channels do not clear up the situation, besides contacting a lawyer, contact the U.S. Department of Education's Office of Civil Rights.For more information about the sexual harassment and the legal process (i.e. state laws, more legal resources) refer to the Legal Zone in the Resource Center at the Forum.The Effects of Sexual Harassment on the VictimThe effects of sexual harassment vary from person to person, and are contingent on the severity, and duration, of the harassment. However, sexual harassment is a type of sexual assault, and victims of severe or chronic sexual harassment can suffer the same psychological effects as rape victims. Aggravating factors can exist, such as their becoming the target of retaliation, backlash, or victim blaming after their complaining, or filing a formal grievance. Moreover, people who have experienced sexual harassment occupy a place in our society that is similar to where rape victims were placed in the past, and they can be abused further by the system that is supposed to help and protect them. Indeed, the treatment of the complainant during an investigation or litigation can be brutal, and add further damage to their life, health, and psyche. Depending on the situation, a sexual harassment victim can experience anything from mild annoyance to extreme psychological damage, while the impact on a victim's career and life may be minimal, or leave them in ruins.
Some of the effects a sexual harassment victim can experience:
Decreased work or school performance as the victim must focus on dealing with the harassment and the surrounding dynamics and/or effects; psychological effects of harassment can also decrease work and school performance
Increased absenteeism to avoid harassment, or because of illness from the stress
Having to drop courses, or change academic plans; academic transcripts may be weakened because of decreased school performance
Retaliation from the harasser, or colleagues/friends of the harasser, should the victim complain or file a grievance (retaliation can involve revenge along with more sexual harassment, and often involves stalking the complainant)
Having one's personal life offered up for public scrutiny --the victim becomes the "accused," and their dress, lifestyle, and private life will often come under attack. (Note: this rarely occurs for the perpetrator.)
Being objectified and humiliated by scrutiny and gossip
Becoming publicly sexualized
Defamation of character and reputation
Loss of trust in environments similar to where the harassment occurred
Loss of trust in the types of people that occupy similar positions as the harasser or their colleagues
Extreme stress upon relationships with significant others, sometimes resulting in divorce; extreme stress on peer relationships, or relationships with colleagues
Being ostracized from professional or academic circles
Having to relocate to another city, another job, or another school
Loss of job and income; loss of tuition because of having to leave school
Loss of references/recommendations
Loss of career
Weakening of support network: colleagues, friends, and even family may distance themselves from the victim or abandon them altogether.
Some of the health effects, psychological and physiological, that can occur in someone who has been sexually harassed:
Depression
Anxiety and/or panic attacks
Traumatic stress; post-traumatic stress disorder (PTSD)
Sleeplessness and/or nightmares
Shame and guilt; self-blame
Difficulty concentrating
Headaches
Fatigue or loss of motivation
Difficulties with time (forgetting appointments, trouble gaging time)
Stomach problems; gastrointestinal disorders
Eating disorders (weight loss or gain)
Feeling betrayed and/or violated
Feeling angry or violent towards the perpetrator
Feeling powerless, helpless, or out of control
Increased blood pressure
Loss of confidence and self esteem
Overall loss of trust in people; problems with intimacy
Problems with sex (sexual dysfunction)
Withdrawal and isolation
Suicidal thoughts or attempts; suicide
Friday, November 14, 2008
"Flirting, or Sexual Harassment?
Flirting, or Sexual Harassment?
Welcome or Unwelcome?
Behavior that is enjoyed or welcome, such as two students enjoying "flirting" with each other, is not sexual harassment.
"Unwelcome" is a key determinant in whether or not behavior constitutes sexual harassment or not. To quote the U.S. Department of Education, "Conduct of a sexual nature is unwelcome when the student being harassed did not request or invite the conduct and regarded it as offensive or undesirable."
There are situations where it is obvious and reasonable (to most people) that behavior is unwelcome (offensive verbal taunting, physical grabbing -- again, of a sexual nature). But there are also situations where it may not be so obvious.
For Example
Julie no longer wants to date John and has told him so.
John, however, continually behaves as if they are still dating. He phones her for dates. In the halls at school he comes up to her and touches Julie in ways that are no longer welcomed by her. John is really making a pest of himself!
John may be unaware because of their past relationship that what he is doing is really not welcomed by Julie; but he had better catch on soon!
John's conduct is affecting Julie's ability to participate or learn at school. John's behavior, because it is sexual in nature and is repeated and not wanted, is SEXUAL HARASSMENT. A "hostile environment" exists in which Julie no longer feels safe.
Examples of Sexual Harassment
These are all examples of sexual harassment. Behaviors like these can create a school environment that feels threatening or unsafe and can interfere with a student's ability to participate or learn. Hostile environment sexual harassment can come from a teacher or other school official, but most often it comes from fellow students.
Sexual comments about your body
Sexual advances/propositions/suggestions
Sexual touching
Sexual graffiti
Sexual gestures
Sexual "dirty" jokes
Spreading rumors about other students' sexual activity
Touching oneself in a sexual fashion in front of others
Talking about one's own sexual activities in front of others
Showing offensive/sexual pictures, stories, objects
Sexual Harassment affects all women in some form or the other. Lewd remarks, touching, wolf-whistles, looks are part of any woman?s life, so much so that it is dismissed as normal. Working women are no exception. In fact, working women most commonly face the backlash to women taking new roles, which belong to male domains within patriarchy. Sexual Harassment at work is an extension of violence in everyday life and is discriminatory, exploitative, thriving in atmosphere of threat, terror and reprisal.
Sexual harassment is all about expression of male power over women that sustain patriarchal relations. It is used to remind women of their vulnerability and subjugated status. In a society where violence against women, both subtle and direct, is borne out of the patriarchal values operating in society, force women?s conformity to gendered roles. These patriarchal values and attitudes of both men and women pose the greatest challenge in resolution and prevention of sexual harassment.
Studies find that sexual harassment is still endemic, often hidden, and present in all kinds of organisations. Yet it is still not always viewed as a problem, which has to be systematically tackled. The issue is of concern for both women and the employers as studies show that sexual harassment touches lives of nearly 40-60% of working women.
Thus, combating sexual harassment involves developing understanding of what is sexual harassment and change of attitudes in all- be it employees, colleagues, friends, administrators, employers or the law makers.
• Federal law defines sexual harassment as:
• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal or physical conduct of a sexual nature when
o submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or academic success or
o submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals or
o the conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or sexually offensive working environment.
Examples of sexual harassment include:
• Uninvited touching or hugging
• Requesting sexual favors for rewards related to school or work
• Suggestive jokes of a sexual nature
• Sexual pictures or displays
• Continuing unwelcome flirtation or propositions
• Obscene gestures or sounds
• Written notes of a sexual nature
Sexual harassment typically falls into 2 categories: quid pro quo and hostile environment. Quid pro quo harassment occurs when a professor or staff member causes a student to believe that he or she must submit to unwelcome sexual conduct or risk a negative academic outcome. For example, if a professor tells a student that s/he will not pass a course unless requests for sexual favors are granted, this is known as "quid pro quo" sexual harassment. This type of sexual harassment usually involves a situation where one person has more power than the other person.
Hostile environment harassment occurs when unwelcome sexually harassing conduct is so severe, persistent or pervasive that it affects a student's ability to participate in University activities or creates an intimidating, threatening or abusive educational environment. If a supervisor (or coworker or fellow student) makes sexual jokes, obscene gestures and/or posts sexual pictures that make people uncomfortable, this is called "hostile environment" sexual harassment.
It is important to understand that any type of sexual harassment can be blatant or it can be very subtle. It can take the form of one serious incident or more subtle acts that continue over time. Sexual harassment can be intentional or unintentional.
What can I do to prevent sexual harassment?
It is important to be aware that sexual remarks or physical conduct of a sexual nature may be offensive or can make some people uncomfortable even if you wouldn't feel the same way yourself. Follow these guidelines to help avoid making someone else uncomfortable:
• Do not repeat behavior if you have been told that it is not wanted. If you are in doubt, stop the behavior.
• Ask if something you do or say is being perceived as offensive or unwelcome. If the answer is yes, stop the behavior.
• Do not interpret someone's silence as consent. Look for other nonverbal signals.
• Do not retaliate if someone accuses you of sexual harassment. Retaliation is against the law and is considered an additional or separate offense.
How do I help a friend?
• It's important to take what your friend says seriously. Experiencing sexual harassment can be confusing and difficult to sort out. Providing a sympathetic ear will help your friend feel understood.
• Learn as much as you can about the available resources. It may be difficult for your friend to take the first step to talk to someone. You can call any of the resources and discuss the situation without identifying the people involved or filing a formal complaint. Gathering this information for your friend can help them make the best decision for their situation.
• Don't confront the harasser. Although it is normal to want to do this, it may only make things worse for your friend.
• Encourage your friend to save any physical evidence, including notes, pictures and emails. If your friend decides to file a complaint at some point, this evidence will be very important.
• If you are a residence hall staff member, be sure to follow your reporting protocols.
• It's important to recognize that hearing about your friend's situation could affect you in many different ways. Taking care of yourself will enable you to provide your friend with better support.
Fighting Sexual Harassment
Use the law and your employer's complaint procedures to protect yourself from on-the-job harassment.
In legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. In real life, sexually harassing behavior ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography to an outright sexual assault. It can happen to men and women, gay or straight -- in other words, sexual harassment is an equal opportunity offense.
Fortunately, there are state and federal laws that protect workers from sexual harassment on the job. These are the same laws that protect workers from discrimination based on gender. At the federal level, Title VII of the Civil Rights Act forbids harassment. In addition, most states have their own fair employment practices laws that prohibit sexual harassment, many of them more strict than the federal law.
If you are being sexually harassed at work, there are a number of things that you should do to protect yourself.
Tell the Harasser to Stop
Initially, you can try telling the harasser to stop. Although this confrontation may be difficult for you, it is often the most effective way of dealing with harassment. You're more likely to be successful if the harassment hasn't gone beyond things like off-color jokes, inappropriate comments about your appearance, or tacky cartoons posted onto the office refrigerator.
Clearly saying you want the offensive behavior to stop is important, because it lets the harasser know that the behavior is unwelcome (which it must be in order to meet the legal definition of sexual harassment). It is also a crucial first step if you later decide to take more formal action against the harasser.
Welcome or Unwelcome?
Behavior that is enjoyed or welcome, such as two students enjoying "flirting" with each other, is not sexual harassment.
"Unwelcome" is a key determinant in whether or not behavior constitutes sexual harassment or not. To quote the U.S. Department of Education, "Conduct of a sexual nature is unwelcome when the student being harassed did not request or invite the conduct and regarded it as offensive or undesirable."
There are situations where it is obvious and reasonable (to most people) that behavior is unwelcome (offensive verbal taunting, physical grabbing -- again, of a sexual nature). But there are also situations where it may not be so obvious.
For Example
Julie no longer wants to date John and has told him so.
John, however, continually behaves as if they are still dating. He phones her for dates. In the halls at school he comes up to her and touches Julie in ways that are no longer welcomed by her. John is really making a pest of himself!
John may be unaware because of their past relationship that what he is doing is really not welcomed by Julie; but he had better catch on soon!
John's conduct is affecting Julie's ability to participate or learn at school. John's behavior, because it is sexual in nature and is repeated and not wanted, is SEXUAL HARASSMENT. A "hostile environment" exists in which Julie no longer feels safe.
Examples of Sexual Harassment
These are all examples of sexual harassment. Behaviors like these can create a school environment that feels threatening or unsafe and can interfere with a student's ability to participate or learn. Hostile environment sexual harassment can come from a teacher or other school official, but most often it comes from fellow students.
Sexual comments about your body
Sexual advances/propositions/suggestions
Sexual touching
Sexual graffiti
Sexual gestures
Sexual "dirty" jokes
Spreading rumors about other students' sexual activity
Touching oneself in a sexual fashion in front of others
Talking about one's own sexual activities in front of others
Showing offensive/sexual pictures, stories, objects
Sexual Harassment affects all women in some form or the other. Lewd remarks, touching, wolf-whistles, looks are part of any woman?s life, so much so that it is dismissed as normal. Working women are no exception. In fact, working women most commonly face the backlash to women taking new roles, which belong to male domains within patriarchy. Sexual Harassment at work is an extension of violence in everyday life and is discriminatory, exploitative, thriving in atmosphere of threat, terror and reprisal.
Sexual harassment is all about expression of male power over women that sustain patriarchal relations. It is used to remind women of their vulnerability and subjugated status. In a society where violence against women, both subtle and direct, is borne out of the patriarchal values operating in society, force women?s conformity to gendered roles. These patriarchal values and attitudes of both men and women pose the greatest challenge in resolution and prevention of sexual harassment.
Studies find that sexual harassment is still endemic, often hidden, and present in all kinds of organisations. Yet it is still not always viewed as a problem, which has to be systematically tackled. The issue is of concern for both women and the employers as studies show that sexual harassment touches lives of nearly 40-60% of working women.
Thus, combating sexual harassment involves developing understanding of what is sexual harassment and change of attitudes in all- be it employees, colleagues, friends, administrators, employers or the law makers.
• Federal law defines sexual harassment as:
• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal or physical conduct of a sexual nature when
o submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or academic success or
o submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals or
o the conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or sexually offensive working environment.
Examples of sexual harassment include:
• Uninvited touching or hugging
• Requesting sexual favors for rewards related to school or work
• Suggestive jokes of a sexual nature
• Sexual pictures or displays
• Continuing unwelcome flirtation or propositions
• Obscene gestures or sounds
• Written notes of a sexual nature
Sexual harassment typically falls into 2 categories: quid pro quo and hostile environment. Quid pro quo harassment occurs when a professor or staff member causes a student to believe that he or she must submit to unwelcome sexual conduct or risk a negative academic outcome. For example, if a professor tells a student that s/he will not pass a course unless requests for sexual favors are granted, this is known as "quid pro quo" sexual harassment. This type of sexual harassment usually involves a situation where one person has more power than the other person.
Hostile environment harassment occurs when unwelcome sexually harassing conduct is so severe, persistent or pervasive that it affects a student's ability to participate in University activities or creates an intimidating, threatening or abusive educational environment. If a supervisor (or coworker or fellow student) makes sexual jokes, obscene gestures and/or posts sexual pictures that make people uncomfortable, this is called "hostile environment" sexual harassment.
It is important to understand that any type of sexual harassment can be blatant or it can be very subtle. It can take the form of one serious incident or more subtle acts that continue over time. Sexual harassment can be intentional or unintentional.
What can I do to prevent sexual harassment?
It is important to be aware that sexual remarks or physical conduct of a sexual nature may be offensive or can make some people uncomfortable even if you wouldn't feel the same way yourself. Follow these guidelines to help avoid making someone else uncomfortable:
• Do not repeat behavior if you have been told that it is not wanted. If you are in doubt, stop the behavior.
• Ask if something you do or say is being perceived as offensive or unwelcome. If the answer is yes, stop the behavior.
• Do not interpret someone's silence as consent. Look for other nonverbal signals.
• Do not retaliate if someone accuses you of sexual harassment. Retaliation is against the law and is considered an additional or separate offense.
How do I help a friend?
• It's important to take what your friend says seriously. Experiencing sexual harassment can be confusing and difficult to sort out. Providing a sympathetic ear will help your friend feel understood.
• Learn as much as you can about the available resources. It may be difficult for your friend to take the first step to talk to someone. You can call any of the resources and discuss the situation without identifying the people involved or filing a formal complaint. Gathering this information for your friend can help them make the best decision for their situation.
• Don't confront the harasser. Although it is normal to want to do this, it may only make things worse for your friend.
• Encourage your friend to save any physical evidence, including notes, pictures and emails. If your friend decides to file a complaint at some point, this evidence will be very important.
• If you are a residence hall staff member, be sure to follow your reporting protocols.
• It's important to recognize that hearing about your friend's situation could affect you in many different ways. Taking care of yourself will enable you to provide your friend with better support.
Fighting Sexual Harassment
Use the law and your employer's complaint procedures to protect yourself from on-the-job harassment.
In legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. In real life, sexually harassing behavior ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography to an outright sexual assault. It can happen to men and women, gay or straight -- in other words, sexual harassment is an equal opportunity offense.
Fortunately, there are state and federal laws that protect workers from sexual harassment on the job. These are the same laws that protect workers from discrimination based on gender. At the federal level, Title VII of the Civil Rights Act forbids harassment. In addition, most states have their own fair employment practices laws that prohibit sexual harassment, many of them more strict than the federal law.
If you are being sexually harassed at work, there are a number of things that you should do to protect yourself.
Tell the Harasser to Stop
Initially, you can try telling the harasser to stop. Although this confrontation may be difficult for you, it is often the most effective way of dealing with harassment. You're more likely to be successful if the harassment hasn't gone beyond things like off-color jokes, inappropriate comments about your appearance, or tacky cartoons posted onto the office refrigerator.
Clearly saying you want the offensive behavior to stop is important, because it lets the harasser know that the behavior is unwelcome (which it must be in order to meet the legal definition of sexual harassment). It is also a crucial first step if you later decide to take more formal action against the harasser.
"Am I Sexually Harassed?"
For Evaluating Behaviors That May Be Sexual Harassment
For a common sense, everyday way of looking at behavior to help recognize sexual harassment when it occurs, evaluate the behavior using the following :
Sexual harassment is behavior that:
1. is unwanted or unwelcome
2. is sexual in nature or gender-based;
3. is severe, pervasive and/or repeated;
4. has an adverse impact on the workplace or academic environment;
5. often occurs in the context of a relationship where one person has more formal power that the other (such as a supervisor over an employee, or a faculty member over a student) or more informal power (such as one peer over another)
Sexual Harassment Comes in Many Forms
The following are behaviors which could be viewed as sexual harassment when they are unwelcome
VERBAL
-Whistling or making cat calls at someone
-Making sexual comments about a person's clothing or body
-Telling sexual jokes or stories
-Asking personal questions about sexual life, fantasies, preferences or history
-Repeatedly "asking out" a person who is not interested
-Turning work discussions to sexual topics
-Referring to an adult woman or man as a hunk, doll, babe or honey
-Telling lies or spreading rumors about a person's personal sex life
NON-VERBAL
-Paying unwanted attention to someone (i.e., staring, following, blocking a person's path)
-Displaying sexually suggestive visuals
-Making facial expressions such as winking, throwing kisses, or licking
-Giving personal gifts or a sexual nature
-Making sexual gestures with hands or through body movements
PHYSICAL
-Hanging around, standing close, or brushing up against a person
-Touching a person's clothing, hair, or body (to include giving a massage around the neck and shoulders)
-Touching or rubbing oneself sexually around another person
-Hugging, kissing, patting or stroking
What To Do If You Are Sexually Harassed
If you feel you are the victim of sexual harassment, you should try to immediately undertake some course of action. The Affirmative Action/Equal Opportunity (AA/EO) Office can provide advice and/or assistance to you in a timely, professional, and confidential manner. Remember, sexual harassment is against the law, it is not your fault and it does not "come with the job."
Here are some specific options that you might want to consider:
1. Talk to the harasser if possible. Tell him/her that you find the behavior offensive. Describe how the harassment negatively affects your work.
2. Continue going to classes/work.
3. Document all sexual harassment incidents or conversations about the incidents. Record the date, time, place, people involved, and who said what to whom.
4. Consider talking to others (co-workers/student) to see if they have experienced sexual harassment.
5. Put your objection to the harassment in writing, sending a copy by (registered mail to the harasser and keeping one in you file. Say
a. On "this date" you did "this"
b. It made me feel "this"
c. I want "this" to happen next (i.e., I want "this" to stop)
Who To Talk To About Sexual Harassment Concerns
A. If you you feel you are the victim of sexual harassment, you may talk to or file a complaint with: The Affirmative Action/Equal Opportunity Office,Women Desk
B. You may also choose to file a complaint with one or more of the following PNP/ HUMAN RIGHTS offices:
- Women Desk
- Human Rights
-The Office of Civil Rights, Department of Education
C. You are encouraged to discuss the issue with your supervisor or somebody in you supervisory chain
D. There are several offices on campus that can assist you and possibly provide some support and you are encouraged to use them as resources. However, the AA/EO Office has ultimate responsibility for investigation and resolving complaints of sexual harassment. Some of these other offices include:
-The Women's Center 797-1728
-The Counseling Center 797-1012
Sexual Harassment Is Against The Law
1. a complaint may be brought to the Affirmative Action/Equal Opportunity office within 180 days of occurrence;
2. the Affirmative Action/Equal Opportunity Director shall conduct an inquiry/investigation into the complaint;
3. an appeal may be filed if the findings are questioned by either party
4. all sexual harassment matters and all complaints will be handled with discretion, confidentiality, and respect for the privacy of all parties;
5. retaliation against an individual who has made charges, testified, assisted, or participated in any way in any proceeding, investigation, or hearing in regard to the violations, or alleged violations of laws or orders requiring equal educational and/or employment opportunity is prohibited.
For a common sense, everyday way of looking at behavior to help recognize sexual harassment when it occurs, evaluate the behavior using the following :
Sexual harassment is behavior that:
1. is unwanted or unwelcome
2. is sexual in nature or gender-based;
3. is severe, pervasive and/or repeated;
4. has an adverse impact on the workplace or academic environment;
5. often occurs in the context of a relationship where one person has more formal power that the other (such as a supervisor over an employee, or a faculty member over a student) or more informal power (such as one peer over another)
Sexual Harassment Comes in Many Forms
The following are behaviors which could be viewed as sexual harassment when they are unwelcome
VERBAL
-Whistling or making cat calls at someone
-Making sexual comments about a person's clothing or body
-Telling sexual jokes or stories
-Asking personal questions about sexual life, fantasies, preferences or history
-Repeatedly "asking out" a person who is not interested
-Turning work discussions to sexual topics
-Referring to an adult woman or man as a hunk, doll, babe or honey
-Telling lies or spreading rumors about a person's personal sex life
NON-VERBAL
-Paying unwanted attention to someone (i.e., staring, following, blocking a person's path)
-Displaying sexually suggestive visuals
-Making facial expressions such as winking, throwing kisses, or licking
-Giving personal gifts or a sexual nature
-Making sexual gestures with hands or through body movements
PHYSICAL
-Hanging around, standing close, or brushing up against a person
-Touching a person's clothing, hair, or body (to include giving a massage around the neck and shoulders)
-Touching or rubbing oneself sexually around another person
-Hugging, kissing, patting or stroking
What To Do If You Are Sexually Harassed
If you feel you are the victim of sexual harassment, you should try to immediately undertake some course of action. The Affirmative Action/Equal Opportunity (AA/EO) Office can provide advice and/or assistance to you in a timely, professional, and confidential manner. Remember, sexual harassment is against the law, it is not your fault and it does not "come with the job."
Here are some specific options that you might want to consider:
1. Talk to the harasser if possible. Tell him/her that you find the behavior offensive. Describe how the harassment negatively affects your work.
2. Continue going to classes/work.
3. Document all sexual harassment incidents or conversations about the incidents. Record the date, time, place, people involved, and who said what to whom.
4. Consider talking to others (co-workers/student) to see if they have experienced sexual harassment.
5. Put your objection to the harassment in writing, sending a copy by (registered mail to the harasser and keeping one in you file. Say
a. On "this date" you did "this"
b. It made me feel "this"
c. I want "this" to happen next (i.e., I want "this" to stop)
Who To Talk To About Sexual Harassment Concerns
A. If you you feel you are the victim of sexual harassment, you may talk to or file a complaint with: The Affirmative Action/Equal Opportunity Office,Women Desk
B. You may also choose to file a complaint with one or more of the following PNP/ HUMAN RIGHTS offices:
- Women Desk
- Human Rights
-The Office of Civil Rights, Department of Education
C. You are encouraged to discuss the issue with your supervisor or somebody in you supervisory chain
D. There are several offices on campus that can assist you and possibly provide some support and you are encouraged to use them as resources. However, the AA/EO Office has ultimate responsibility for investigation and resolving complaints of sexual harassment. Some of these other offices include:
-The Women's Center 797-1728
-The Counseling Center 797-1012
Sexual Harassment Is Against The Law
1. a complaint may be brought to the Affirmative Action/Equal Opportunity office within 180 days of occurrence;
2. the Affirmative Action/Equal Opportunity Director shall conduct an inquiry/investigation into the complaint;
3. an appeal may be filed if the findings are questioned by either party
4. all sexual harassment matters and all complaints will be handled with discretion, confidentiality, and respect for the privacy of all parties;
5. retaliation against an individual who has made charges, testified, assisted, or participated in any way in any proceeding, investigation, or hearing in regard to the violations, or alleged violations of laws or orders requiring equal educational and/or employment opportunity is prohibited.
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