Sexual Harassment

Definitions

School-based sexual harassment can take place between students, between teachers and students, or between other educational staff persons and students. Sex discrimination in the public school environment [Page 750]is expressly prohibited by the Equal Protection Clause of the Fourteenth Amendment, Title VII of the Equal Rights Act of 1964, and by Title IX of the Education Amendments of 1972 as well as state- and local-level human rights acts. Students are protected by Title IX, while employees are covered by Title VII. Sexual harassment can be classified under a variety of different legal claims, including gender harassment, unwanted sexual attention, or sexual coercion.

School-based sexual harassment is a serious and growing problem and is found in classrooms throughout the country. For instance, a 1993 national survey conducted by the American Association of University Women (AAUW), titled “Hostile Hallways: The AAUW Survey on Sexual Harassment in America's Schools,” reported that 83% of the girls and 60% of the boys surveyed reported experiencing unwanted sexual attention in the school environment. Reported instances of school-based sexual harassment or abuse appear to be on the rise.

Historically, sexual harassment and abuse charges against school boards and their employees were often dismissed. However, the impact of recent research and scholarship demonstrating sexual harassment's detrimental impact on the educational environment through increased student absenteeism, lower achievement, increased dropout rates for victims of sexual harassment, and other negative results has drawn the attention of the courts to the discriminatory impact of school-based sexual harassment. According to statistics, the majority of reported school-based sexual harassment cases occur among students, often referred to as peer-to-peer sexual harassment. In a report by the National Coalition for Women and Girls in Education, 90% of the students who reported sexual harassment were harassed by other students. Researchers assert that the most common reason for sexual harassment of students by other students is related to the need to assert power.

The courts typically refer to the U.S. Equal Employment Opportunity Commission (EEOC) for legal guidance relating to sexual harassment issues originating in the workplace. Beginning in 1988, the EEOC has published a document annually, Policy Guidance on Current Issues of Sexual Harassment, outlining behavior that legally qualifies as sexual harassment. Specifically, the EEOC guidelines indicate that sexual harassment is a form of sexual discrimination that is illegal under Title VII of the 1964 Civil Rights Act. Title VII provides that employees have the right to work in an environment free from discrimination based on intimidation, insult, or ridicule. Pursuant to EEOC guidelines, two distinct forms of sexual harassment have evolved: quid pro quo and hostile work environment.

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