Preventing Sexual Harassment In Our Schools

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Preventing Sexual Harassment In Our Schools
Asheboro City Schools
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There are several forms of harassment.

• Harassment can be based on
• Sex
• Race
• National Origin
• Disability
• Religion
• All are illegal and a violation of civil rights!

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Discrimination Law Rights and Responsibilities

• Education and Employment
• Sexual harassment is a form of sex
  discrimination under both Title VII of the 1964
  Civil Rights Act and Title IX of the 1972
  Education Amendments.

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Title VII

• Prohibits discrimination on the basis of race,
  color, religion, national origin, and sex in
  employment. This law covers all kinds of public
  and private employment, whether or not federal
  funds are involved.
• 1964
  Civil Rights Act

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Title IX

• The federal law known as Title IX, which
  addresses gender discrimination in institutions
  receiving federal funds, provides as follows
  No person in the United States shall, on the
  basis of sex, be excluded from participation in,
  be denied the benefits of, or be subjected to
  discrimination under any educational program or
  activity receiving Federal assistance.
• Education Amendments of 1972,20 U.S.C. Sec. 1681
  (a)

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Title IX Regulations

• Different treatment based on sex
  prohibited in
• three main areas
• Admissions and recruitment
• Programs and activities
• Employment

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Title IX applies to

• Admissions
• Recruitment
• Financial Aid
• Academic Programs
• Student treatment/services
• Counseling and guidance
• Discipline
• Classroom assignment

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Title IX applies to (continued)

• Grading
• Career and Technical Education
• Recreation
• Physical Education
• Housing
• Employment
• Athletics

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Sexual harassment is the most common form of
harassment in schools.
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Whats your responsibility?

• As an employee you are obligated to foster a
  working environment that is free of sexual
  harassment.
• As an employee of Asheboro City Schools, you
  have a duty to provide a learning environment
  that is free of sexual harassment.

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In schools sexual harassment is...

• A Student Issue

• An Employee Issue

Anyone can be a victim or perpetrator of sexual
harassment
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What is sexual harassment?

• Any unwelcome behavior of a sexual nature,
  whether the behavior is written, verbal, or
  physical.

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Two types of Sexual Harassment

• Quid pro quo harassment occurs when a school
  employee causes a student to believe that he or
  she must submit to unwelcome sexual conduct in
  order to participate in a school program or
  activity. It can also occur when an employee
  causes a student to believe that the employee
  will make an educational decision based on
  whether or not the student submits to unwelcome
  sexual conduct. For example, when a teacher
  threatens to fail a student unless the student
  agrees to date the teacher, it is quid pro quo
  harassment.

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Two types of Sexual Harassment (continued)

• Hostile environment harassment occurs when
  unwelcome sexually harassing conduct is so
  severe, persistent, or pervasive that it affects
  a student's ability to participate in or benefit
  from an education program or activity, or creates
  an intimidating, threatening or abusive
  educational environment. A hostile environment
  can be created by a school employee, another
  student, or even someone visiting the school,
  such as a student or employee from another
  school.

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Verbal forms of sexual harassment may include.

• Sexual or gender based jokes or teasing
• Words such as honey, sweetie or babe
• Wolf whistles or other derogatory noises
• Rumors about a persons sex life
• Comments about a persons body
• Derogatory comments based on gender

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This may also include visual forms of sexual
harassment such as.

• Obscene posters, cartoons, and pin-ups
• Computer graphics and obscene messages on
  computer bulletin boards
• Offensive models, statues, and figurines
• Inappropriate clothing

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Physical forms of sexual harassment may include.

• Inappropriately touching another person
• Grabbing and/or fondling
• Rubbing up against a person
• Massaging or stroking another person
• Stalking

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Sexual harassment can also result from..

• Staring
• Physical gestures that have a sexual connotation
• Suggestive looks and facial expressions that have
  sexual implications
• Blocking the pathway of another to make a sexual
  advance

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What do we know about sexual harassment?

• Sexual harassment is most prevalent in
  (elementary, middle, or high) schools. (choose
  one)
• Answer Middle School
• Where in the school building does most sexual
  harassment occur?
• Answer Hallways (71) classrooms
  (61)
• What percent of girls experience some form of
  sexual harassment during their K-12 education?
• Answer 78
• Source American Association of University
  Women, 2002

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What do we know about sexual harassment?
(continued)

• A one-time comment, joke, or verbal
  innuendo does not
• constitute sexual harassment.
• Answer True. Verbal forms of sexual
  harassment are considered least offensive, but
  can become the basis for sexual harassment if
  comments are persistent.
• The number of sexual harassment claims by
  males is
• increasing.
• Answer True. Increased from 49 to 56 since
  1993.
• I didnt mean anything by it is a valid
  defense to excuse
• offensive behavior.
• Answer False. It is the impact, not the
  intent, that is important.
• Source Martin Auville, Rockingham County
  Schools

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What constitutes sexual harassment?

• Limits a students ability to participate in, or
  benefit from, an educational program, or
• Creates a hostile or abusive environment.
• An act that is severe, persistent, or pervasive.

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Who are the likely victims?
Unattractive or unstylish girls.
Physically mature girls.
Boys or girls who dont fit the stereotypic mold
for their gender.
Source Martin Auville, Rockingham Co. Schools
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How does sexual harassment issues show up in
schools..

• Peer-to-peer sexual harassment among students.
• Sexual harassment behavior between school staff
  members including administrators.
• Inappropriate touching of students by teachers
  and staff members.
• Inappropriate behavior of coaches in athletic
  programs.

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Professional Ethics

• Whats the problem?

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The problem is

• In a major 2004 study commissioned by the U.S.
  Department of Education, nearly 10 percent of
  U.S. public school students have been targeted
  with sexual attention by school employees.
  Indeed, sexual abuse by teachers has been
  described as 100 times more frequent than abuse
  by priests.
• Source Kupelian, WorldNetDaily Exclusive
  Commentary, March, 2006

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What standards are educators held to?

• Local school board policies
• State Board requirements
• - Code of Ethics, Standards of Professional
  Conduct
• - Testing Code of Ethics
• State statutory requirements
• - Specified powers and duties of employees

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Who is affected by employee misconduct?

• The employee
• School/school system staff
• Your school board
• Students
• Potential employees

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What are the effects of employee misconduct?

• On the employee
• - Dismissal/resignation
• - Criminal charges jail time
• - License revocation
• - Civil suit for damages
• - Future employment
• - Impact on family
• - Notoriety

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What are the effects of employee misconduct?

• On school staff
• - Criminal charges
• - Civil suit for damages
• - License revocation?
• - Impact on family
• - Emotional toll

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What are the effects of employee misconduct?

• On the school system
• - Civil suit for damages
• - Damage to reputation
• - Legal costs
• - Morale issues

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What are the effects of employee misconduct?

• On your community
• - Loss of trust, respect
• - Division those who believe, those
• who dont
• - Local taxes

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What are the effects of employee misconduct?

• On students
• - Non-victims
• doubt
• curiosity
• confusion
• distraction from learning
• harassing the victim
• - What lesson does employee misconduct
  present to students?

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What are the effects of employee misconduct?

• On student victims
• - Physical
• - Psychological
• - Cognitive
• - Behavioral
• Typical repercussions include depression,
  ulcers, colitis, chronic low selfesteem,
  problems with relationships, developmental
  delays, migraines, self-abuse, acting out,
  attempted suicide, suicide.
• Source Shoop, Sexual Exploitation in the
  Schools How to Spot It and How to Stop It (2004)

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What are the effects of employee misconduct?

• On potential employees
• - Concerns about our school
• system
• - May attract the undesirable

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How will we hear of the misconduct?

• From
• Students
• Parents
• Staff members
• Community members
• Media
• Law enforcement

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A word of caution

• Sexual harassment behavior can be a career
  killer.
• Even unsubstantiated allegations can be very
  damaging.
• Dont take unnecessary risks!

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If you witness any type of harassment do the
following

• Take prompt action and stop the harassment.
• Report all incidents to the appropriate school
  
• administrator.
• Provide the names of all parties involved and
• any witnesses.
• Help document exactly what was said or done.

Remember that liability begins when nothing is
done!
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Sexual Harassment Complaint Process for Employees
(Policy 1736)

• Step 1 Reporting the complaint (30 days)
• a) to immediate supervisor or
• b) the director of human
  resources
• Step 2 Investigating the complaint
• Step 3 Investigators Report (15 days)
• Step 4 1st Appeal
• to Superintendent (5 days)
• written response by
  Superintendent (10 days)
• Step 5 2nd Appeal
• to Board of Education (5 days)
• written response by Board of
  Education (30 days)

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Policy CodesClick on number to read entire
policy

• Sexual Harassment Defined 1736
• Sexual Harassment Complaint Procedure for
  Employees 1755
• Staff-Student Relations 4040/7310
• Prohibition Against Discrimination and Harassment
  1710

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For additional information contact

• Curt Lorimer, Title IX Coordinator
• 1126 South Park St.
• P.O. Box 1103
• Asheboro, NC 27203
• 625-5104 ext. 233

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To verify participation in this training session
click here.
The Asheboro City Schools Board of Education
believes that all employees and students should
be free of unlawful discrimination, including
harassment, as a part of a safe, orderly and
inviting working and learning environment. The
board expressly prohibits unlawful
discrimination, harassment, or bullying,
including on the basis of race, color, national
origin, sex, pregnancy, religion, age or
disability. The board also prohibits retaliation
against an employee or student who has exercised
any rights made available through state or
federal law. Policy Code 1710