ightsED | <strong>Tackling</strong> <strong>sexual</strong> <strong>harassment</strong>What is <strong>sexual</strong> <strong>harassment</strong>?Resource sheetSexual <strong>harassment</strong> is any unwanted or uninvited <strong>sexual</strong> behaviour that is offensive, embarrassing,intimidating or humiliating. It has nothing to do with mutual attraction or friendship.Sexual <strong>harassment</strong> is serious – and against the law. Sexual <strong>harassment</strong> can take many different forms– it can be obvious or indirect, physical or verbal. It includes behaviour that creates a <strong>sexual</strong>ly hostile orintimidating environment.For example:• unwelcome touching• staring or leering• suggestive comments or jokes• <strong>sexual</strong>ly explicit pictures, posters, screensavers, calendars• unwanted invitations to go out on a date• requests for sex• intrusive questions about a person’s private life or body• insults, name-calling or taunts based on your sex• derogatory graffiti• <strong>sexual</strong>ly explicit emails, text messages, etc.Where does it happen?Sexual <strong>harassment</strong> can occur in the workplace, in schools, colleges and universities, in clubs, or whenbuying goods or receiving services, seeking or obtaining accommodation, as well as when usingCommonwealth services.Female students are protected against <strong>sexual</strong> <strong>harassment</strong> in schools under the federal SexDiscrimination Act. Male students are likely to be protected from <strong>sexual</strong> <strong>harassment</strong> by other studentsunder state and territory laws.What’s the legal situation with <strong>sexual</strong> <strong>harassment</strong>?At schoolAs a student you are entitled to an education free of <strong>sexual</strong> <strong>harassment</strong>. The same applies to teachers– they are entitled to a workplace free from <strong>harassment</strong>. Schools have an obligation to deal with <strong>sexual</strong><strong>harassment</strong> and all other forms of bullying.Sexual <strong>harassment</strong> by a member of staffRegardless of your age, it is unlawful for a teacher to <strong>sexual</strong>ly harass you.Sexual <strong>harassment</strong> by another studentRegardless of your age, it is unlawful for an adult student to <strong>sexual</strong>ly harass you. Certain types ofbullying, about sex or sex-based characteristics, may also be <strong>sexual</strong> <strong>harassment</strong>.Who is responsible?Anyone aged over 16 years is considered an ‘adult student’, which means they are personally liablefor <strong>sexual</strong>ly harassing another student or teacher. If you are harassed, you may be able to lodge acomplaint against the student and, in some cases, against the school.A complaint of <strong>sexual</strong> <strong>harassment</strong> can’t be made against another student if the harasser is under 16years of age. In these circumstances, however, you may be able to make a complaint against theschool as it has a duty of care to protect students from <strong>harassment</strong> and discrimination.14© <strong>Australian</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> 2010 | www.humanrights.gov.au/education/tackling_<strong>sexual</strong>_<strong>harassment</strong>
ightsED | <strong>Tackling</strong> <strong>sexual</strong> <strong>harassment</strong>What is <strong>sexual</strong> <strong>harassment</strong>?Activity sheetLook at these situations:Situation 1:There is a group of boys in the school yard. They gather near the entrance to the girls’toilets. They pick on some girls, but not others. Some girls tell them to get lost; somejust laugh at it; some ignore it; some are really upset and affected by it.There is one girl they always harass, and try to flick her school uniform up as she goespast. They also make <strong>sexual</strong> comments and remarks to her. They always make sure thatthere are no teachers around when they do this.They have told other students that there’s no harm in it – it’s just a bit of fun.Situation 2:There is a boy who is very friendly with a group of girls. He doesn’t mix with the sportymales. They call him names and pick on him whenever they can, especially in front ofthe girls.He starts to avoid places where these boys hang out, so starts to spend more timealone, and away from a lot of the school facilities. Some of the girls stick up for him,but most just walk away when he is being harassed by the gang of boys.Choose one of the cases above. Think about why the harassers are doing the action, how theharassed kids feel, what other possible actions could be taken, what the implications are for thoseinvolved and for the whole school.Summarise your ideas on each of the questions in the spaces below. Comment on it fromeach of the following points of view:The student beingharassedOne of the harassersA friend of the studentbeing harassedA friend of the harasserA bystander© <strong>Australian</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> 2010 | www.humanrights.gov.au/education/tackling_<strong>sexual</strong>_<strong>harassment</strong>15