Final Sexual Harassment Presentation2012a - rgccisd

Sexual Harassment inthe Education Workplace

DescribeA Definition of“Sexual Harassment.”

Sexual Harassment1) Unwelcome Sexual advances,requests for sexual favors,and other inappropriateverbal or physical conduct ofa sexual nature when madeby any member of the schoolstaff to another staff memberor student;

Sexual Harassment1) Unwelcome Sexual advances,requests for sexual favors,and other inappropriateverbal or physical conduct ofa sexual nature when madeby any member of the schoolstaff to another staff memberor student;2) When made by any studentto a staff member; or3) When made by any studentto another student

Sexual Harassment1) Unwelcome Sexual advances,requests for sexual favors,and other inappropriateverbal or physical conduct ofa sexual nature when madeby any member of the schoolstaff to another staff memberor student;2) When made by any studentto a staff member; or3) When made by any studentto another student

Sexual Harassment1) Unwelcome Sexual advances,requests for sexual favors,and other inappropriateverbal or physical conduct ofa sexual nature when madeby any member of the schoolstaff to another staffmember;2) When made by any staffmember to a student; or3) When made by any studentto another student

Forms of Sexual HarassmentPhysicalVerbalVisual

Sexual Harassment May Include:Verbal Harassment Or Abuse► Sexual innuendo► Suggestive comments► Insults► Humor and jokes about sex or gender► Sexual propositions► Threats accompanied by implied or explicit threats concerning one’sjob, grades, etc.► Making sexual comments about a person's clothing, body, or looks► Turning work or academic discussions into sexual discussions► Asking about sexual fantasies, preferences, or history, and► Asking personal questions about social or sexual life

Sexual Harassment May Include:Non-Verbal Harassment►Suggestive or insulting sounds►Leering (looking at someone in a sexuallysuggestive manner)►Whistling►Obscene gestures►displaying pornography, sexually suggestivepictures, cartoons, posters or literature►having sexually suggestive software on awork or academic computer

Sexual Harassment May Include:Physical Harassment►Touching►Brushing the body►Coerced sexual activity►Assault►Unwanted massages►Pinching , Patting, caressing, or fondling►Impeding or blocking movement►Standing closer than appropriate ornecessary for the work being done►Touching or rubbing oneself sexuallyaround or in view of another person

Inappropriate Behavior Such As:

Two Kinds of Sexual HarassmentQuid Pro QuoHostile environment

Quid Pro QuoSimply Stated:“You Do Something For Me And I’ll Do Something For You”

• Quid Pro Quo sexualharassment occurswhen a person inauthority, usually asupervisor, demandssexual favors of asubordinate as acondition of getting orkeeping a job benefit.Quid Pro Quo

Hostile Environment• Any unwelcome sexually oriented conduct oratmosphere that is so severe or pervasive that it isintimidating or offensive to a “reasonable person”of the same gender as the victim.• It may be unwelcome and create a hostileenvironment for persons other than the victim whoare present at the time the behavior occurs.

Hostile Environment• Employee suffers repeated abuse by ahostile work environment. Such anenvironment arises when a co-worker orsupervisor, engaging in unwelcome andinappropriate sexually based behavior,renders the workplace atmosphereintimidating, hostile or offensive.• A hostile work environment can representdiscrimination under Title VII.

Example of Hostile Work Environment

• Unwelcome Sexual Advances,• Requests For Sexual Favors, And• Other Inappropriate Verbal Or PhysicalConduct Of A Sexual Nature• When Made By Any Staff Member To AStudent

• Unwelcome Sexual Advances,• Requests For Sexual Favors, And• Other Inappropriate Verbal Or PhysicalConduct• Of A Sexual Nature• When Made By Any Student To AnotherStudent

(1) Quid Pro Quo Harassment(2) Hostile Environment Harassment

What constitutes“conduct of sexual nature?”• Sexual advances• Sexual touching• Sexual graffiti• Explicit drawings, &pictures• Sexual gestures• Sexual or “dirty” jokes• Spreading rumorsabout other studentsas to sexual activity

Common Reasons forSexual Harassment• Thought it was funny (59%)• It’s just part of school life/A lot of people doit/It’s no big deal (30%)• I thought the person liked it (32%)• I wanted a date with the person (17%)• I wanted something from that person (20%)• I wanted the person to think I had some sort ofpower over them(10%)

Sexual Harassment• Common at every stage of education.• Verbal and physical harassment begins inElementary.• 4 out of 5 children experience some formof sexual harassment.• 6 out 10 will experience some form ofphysical sexual harassment.

StatisticsStudent-on-StudentSexual Harassment• Survey of 2064 students 8 th -11 grade• 83% girls have been sexually harassed.• 78% of boys have been sexually harassed.American Association of University Women 2002

Who is Liable?• The School District has Liability– When an official decision to “not act” is madeby the District.– When the school district knew the harassmentwas occurring.– When the harassment was occurring in acontext subject to the school district’s control.– When the school district’s deliberateindifference causes students or staff toundergo harassment or made students orstaff vulnerable to it by failing to take action.

Individual Liability• Harassment by an Employee or Teacher• Government immunity may not always protectschool officials.• Supervisors or principals may be liable if:• The school official received notice of a pattern ofimproper acts committed by a teacher oremployee.• The school official demonstrated “deliberateindifference.”• The school official failed to take sufficient remedialaction.• Failure to take action caused injury to theemployee or student.

• School personnel have aresponsibility to protectstudents and staff fromknown or reasonablyforeseeable harmoccurring during or inconnection with schoolactivities• School personnel areresponsible for properlymonitoring and discipliningsubordinates such asteachers or employeesover whom they exerciseauthority.As an Employee, What is YourResponsibility?

What can you do to help prevent orstop sexual harassment in school?• Recognize what it is and when it isoccurring.• Take all reports of harassmentseriously.• When you observe inappropriatebehaviors, take intervening steps.