When Flirting Turns Fierce: Sexual Harassment in Schools

Most employed adults in America are probably familiar with their rights concerning sexual harassment in the workplace. Unfortunately, our children are not so lucky. Sexual harassment can occur at any age, and it is a rampant problem in many schools across the country. A 1993 survey of 1,632 eighth to eleventh graders, conducted by the American Association of University Women (AAUW), reported that 76 percent of males and 83 percent of females have been the victims of unwanted sexual confrontation at school (Fineran, 2002). The laws concerning sexual harassment are much stricter in workplaces than they are as they apply to schools (Grube, 2003), and many people may not realize that only in the last two decades was sexual harassment in schools even addressed by courts and lawmakers. Studies have shown that sexual harassment has detrimental effects in an educational setting. The same AAUW study reported that victims "feel threatened, depressed, even suicidal; dread going to school; have difficulty paying attention; are reluctant to participate in class; experience falling grades; and have considered changing schools" (Couch, 2004). Because a school can be held financially liable for sexual harassment on its premises, school counselors should do all they can to prevent and address this problem.

Sexual harassment often goes on unnoticed by school officials because 90 percent of victims do not report their harassment to school officials or teachers (Stone, 2000). When they do report these behaviors, many students are not taken seriously. The same study also stated that high school students are actually more tolerant of sexual harassment than college students or adults. This is not suggesting it has less negative effects, but that younger students do not understand their rights and are not confident enough to stand up against harassers. Because harassment and bullying are commonplace in many schools, students learn to accept thes behaviors or ignore them. Stone surveyed teachers in 20 different counties to find their perceptions, reactions, and attitudes towards sexual harassment. It found that many teachers do not react appropriately when they witness harassment. The most common reaction was for the teacher to speak with the victim about how to handle future harassment. The second choice was verbally confronting the perpetrator. Very few teachers surveyed would have reported the harasser so that consequences or corrective action could be taken (Stone, 2000). It seems that teachers and students alike have trouble recognizing the difference between annoying but harmless teasing and harassment.

Although there should be strict consequences for sexual harassers in school, this alone is not an appropriate method of prevention because most harassment will go unreported and unpunished. Students as well as parents and school staff need to be educated about what behaviors can be considered sexual harassment, the implications of these behaviors, and the legal ramifications (Murdock, K.W. & Kysilko, D., 1998). The survey conducted by AAUW described 14 different categories of sexual harassment including, "sexual comments, gestures, jokes, or looks; spreading sexual rumors; being touched, grabbed, or pinched in a sexual way; "flashing" or "mooning"; clothing pulled at, off, or down in a sexual way; being called gay or lesbian; being shown or given sexual messages, pictures, or notes; forced kissing; being forced to do something sexual other than kissing; and being spied on while dressing or showering" (Murdock, K.W. & Kysilko, D., 1998). The legal definition of what constitutes sexual harassment has changed several times since it was first recognized. Because sexual harassment has only been addressed in recent decades, the parents of school aged children and teens may not be aware of the laws regarding this issue as it applies to schools.

Susan Fineran's 2002 article examines peer on peer sexual harassment through a historical and legal perspective. Sexual discrimination in general was first addressed in Title VII of the Civil Rights Acts of 1964, but the term "sexual harassment" did not arise until later on. In 1972, Title IX of the Education Amendment of 1972 prohibited gender discrimination in any educational institution receiving funding from the federal government. The Equal Employment Opportunity Commission (EEOC) issued guidelines defining two types of sexual harassment in 1986. "Quid pro quo" harassment takes place when a person in authority requests sexual favors in return for advancement or evaluation decisions. "Hostile Environment" harassment occurs when anyone in a school or workplace is harassed to a point where the atmosphere becomes "hostile, intimidating, or offensive, and unreasonably interferes with an employee's job or a student's work" (Fineran, 2002, p.67). The hostile environment definition is what makes schools liable for peer on peer harassment. In 1991, a Minnesota court made a school liable for $15,000 to compensate for a female student who had been harassed by male peers (Fineran, 2002).

The U.S. Supreme Court used this ruling as a precedent when it ruled in 1992 that any school could be monetarily liable under Title IX. At this point students were beginning to be protected by the law, but not in all cases same-sex harassment and harassment of homosexual students had not been addressed (Fineran, 2002). The 1993 Survey conducted by AAUW found that 63 percent of harassment was from peers of the same gender as the victim, and that "19 percent of gay and lesbian students suffered physical attacks associated with sexual orientation; 13 percent skipped school at least once a month; and 26 percent dropped out of school altogether (Fineran, 2002). In Seamons v. Snow, a high school football player was taped naked to a towel rack while his teammates forced a girl to come in and see him. The case was dismissed becaus the victim and perpetrators were of the same sex. The school considered this a "hazing" incident, "not abnormal behavior for boys" (Fineran, 2002, p.69). In 1998 The Clinton Administration urged Supreme Court to come to a conclusion on the matter of same-sex harassment, and they ruled that no person should have to endure sexual harassment, regardless of their orientation or gender (Fineran, 2002).

A landmark case in school sexual harassment was Davis v. The MonroeCounty Board of Education. After a 1994 court had ruled that student-on-student harassment was not covered under Title IX, the Supreme Court overruled the ruling, issuing a landmark decision that schools will be responsible for peer-to-peer sexual harassment that is reported to them if they are "deliberately indifferent to information about severe, pervasive, and objectively offensive harassment." In this case, a fifth grade girl was harassed by a boy who sat next to her and was persistently "grabbing at her breasts and crotch" (Stone 2000, p. 5). The girl complained to parents and her teacher each time it happened, but not until 3 months of complaining did they move his desk away from hers, and he was still not punished. After five months of harassment, her mother filed a lawsuit against the school district (Grube, 2003). While some felt that the Supreme Court ruling was a step in the right direction, it After Davis v. Monroe, the courts made it harder for a school to be held liable for sexual harassment than a workplace. A student had to come forward and complain, and the school is not responsible to fix the problem, but to "respond to peer harassment in a way that is not clearly unreasonable" (Grube, 2003, p. 179). It advised the courts to "bear in mind that school is not like the workplace, and that children may regularly interact in a manner that is not acceptable among adults" (Grube, 2003, p. 179).

In 2003, Lacasse, Purdy, and Mendelson conducted a study in a Quebec school district to
identify students attitudes towards moderate and severe sexual harassment. They pointed out that if a girl likes a boy, she may not be bothered by the same actions that would offend her if she was not interested in him. It is difficult for some boys to read the girl's reactions, and a boy may end up harassing a girl when he is just trying to flirt with her or get her attention. Young students may not always know the difference between what is appropriate and what is not (Lacasse, 2003). This study of students at a high school in Quebec found that students were more upset by moderate and severe behaviors if they are perpetrated by the same sex. Boys being victimized by girls reported being the least upset by the harassment, but this could also be due to expectations for boys to enjoy sexual attention. They may not want to admit that it bothers them. They also mentioned that the relationship between the victim and the perpetrator may influence how upset the victim gets. For example, moderate harassment from friends may be common and not extremely upsetting to either sex (Lacasse, 2003).

Sexual harassment is clearly a problem that goes unnoticed and unaddressed in many of our schools. It is likely that school districts which have been held liable for monetary damages did not realize how bad the problem was until it was brought to their attention in the form of a lawsuit. School counselors have a responsibility to make sure they are doing everything in their power to educate parents, students, teachers, and administrators about the negative effects of an atmosphere that tolerates sexual harassment. Research has shown that one assembly is not enough to deter harassers from engaging in this type of behavior (Murdock, K.W., Kysilko, D., 1998). Sexual harassment prevention needs to be taken seriously as a major agenda of school counselors and other educators not only to prevent lawsuits, but to ensure that all students are able to learn in a harassment free environment.

References

Fineran, Susan. (2002). Sexual Harassment between Same Sex Peers: Intersection of Mental

Health, Homophobia, and Sexual Violence in Schools. Social Work. 47(1). 65-74.

Grube, B., Lens, V. (2003). Student-to-Student Harassment: The Impact of Davis v. Monroe.

Children & Schools. 25(3). 173-185.

Lacasse, A., Purdy, K.T., & Mendelson, M.J. (2003). The mixed company they keep: Potentially

offensive sexual behaviours among adolescents. International Journal of Behavioral

Development. 27(6). 532-540.

Murdock, K.W., Kysilko, D. (1998). Sexual Harassment in Schools: What is it, What to do.

National Association of State Boards of Education. (Alexadria, VA).

Pellegrini, A.D. (2002). Bullying, Victimization, and Sexual Harassment During the Transition to Middle School. Educational Psychologist, 37(3), 151-163.

Stone, Carolyn B. (2000). Advocacy for sexual harassment victims: Legal support and ethical

aspects.ProfessionalSchool Counseling. 4(1). 23-30.

Stone, M., Couch, S. (2004). Peer Harassment Among High School Students: Teachers'

Attitudes, Perceptions, and Responses. The High School Journal. (Oct/Nov). 1-13.