Sexual Harassment
Are any of these educators guilty of sexual harassment?
- A swimming coach hugs a student athlete after the team has won a regional meet.
- A high school science teacher notices an insecure and somewhat dowdy female student
has tidied up her appearance with make-up and new clothes. "Gee, you look great
in that dress," he says.
- A teacher assistant notices two boys taunting a distraught 15-year old girl about
the length of her mini-skirt but does nothing.
What does the law say?
The law says that in any organization, those designated in positions of authority
can be held legally liable for sexual harassment within the ranks.
What does this mean for the hypothetical employees listed above? It means they can
be charged with sexual harassment because they are in positions of power over their
students and, as such, are considered supervisors in the work place.
Sexual harassment is a violation of the 1964 Civil Rights Act, as amended in 1972,
because it is a form of discrimination. Title IX of the Civil Rights Act refers
specifically to education.
The legal definition of sexual harassment includes "unwelcome sexual advances, requests
for sexual favors, sexually motivated conduct or verbal or physical conduct of a
sexual nature when:
submission to that conduct or communication is made a term or condition of retaining
employment, or of obtaining education;
submission to or rejection of that conduct or communication is used as a factor
in decisions affecting that individual's employment or education; or
that conduct or communication has the purpose or effect of substantially or unreasonably
interfering with an individual's employment or education, or creating an intimidating,
hostile, or offensive employment or educational environment."
What does the law mean?
That last point is the greatest concern for educators. Teachers may say something
that is misinterpreted or considered offensive by students. Or they think students
will understand they are being funny or simply showing appreciation for a deed well
done.
Sexual harassment is determined by the victim. So, the swim coach may unintentionally
cause the student discomfort by touching him or her. And the science teacher trying
to bolster a student's ego may end up harassing her.
What about the employee who witnesses sexual harassment between students and does
nothing? Again, that employee is a supervisor and is responsible for maintaining
an educational atmosphere free of sexual harassment.
Employees need to know their district's reporting procedures
and policies. The person to talk to is usually the Title IX coordinator.
While schools are required to provide an education atmosphere - that is free of
sexual harassment - and, thus, carry the liability, employees and administrators
may be sued and victims can be awarded punitive damages.
All students, and educators, deserve the right to learn in an environment that is
free of all forms of discrimination. DSEA urges its locals to bargain protections
for both the accused and the accuser.
In the meantime, don't touch!