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 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.

You need to know your district's or state agency'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.