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
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