Sexual Harassment in the School Bronwyn Blake Texas

Sexual Harassment in the School Bronwyn Blake Texas Advocacy Project

National Council for Victims of Crime (www. ncvc. org) Sexual harassment is unwanted sexual behavior. It may take different forms, including: �Physical contact, like grabbing, pinching, touching your breast or butt or other body parts, or kissing you against your will; �Sexual comments, like name-calling (slut, whore, fag), starting rumors about you, making sexual jokes at your expense, or making sexual gestures at or about you; �Sexual propositions, like asking you for sex or repeatedly asking you out when you have said no; �Unwanted communication, like phone calls, letters, or e-mails. These can be mean, nasty, or threatening, or they can seem flattering or nice but still make you uncomfortable.

Work? School?

In the US, the Civil Rights Act of 1964 prohibits employment discrimination based on race, sex, color, national origin or religion.

Two kinds: 1) Quid Pro Quo 2) Hostile Environment

SEXUAL HARASSMENT = A form of sex discrimination under Title IX of the Education Amendments of 1972

Title IX (1972) �“No person…shall, on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance…”

Despite the Sexual Harassment Panda… �Title IX applies to all public and private educational institutions that receive Federal funds, including elementary and secondary schools, school districts, proprietary schools, colleges, and universities.

Department of Education Office of Civil Rights: SEXUAL HARASSMENT GUIDANCE: HARASSMENT OF STUDENTS 1 BY SCHOOL EMPLOYEES, OTHER STUDENTS, OR THIRD PARTIES In contrast to the variety of situations in which a school may be liable for sexual harassment by its employees, a school will be liable under Title IX if its students sexually harass other students if (i) a hostile environment exists in the school's programs or activities, (ii) the school knows or should have known of the harassment, and (iii) the school fails to take immediate and appropriate corrective action 28

HISD- FFH �Sexual harassment of students is conduct that is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the school. Sexual harassment does not include simple acts of teasing and name-calling among school children, however, even when the comments target differences in gender. Davis v. Monroe County Bd. of Educ. , 526 U. S. 629 (1999)

Magic Words: “I’d like to file a Title IX Complaint”

Davis VS Monroe County Board of Education (1999) �"deliberate indifference“ �"known" acts of sexual harassment.

Ortralla Mosley 20/20: Violence and Dating: 4/1/05 http: //abcnewsstore. go. com/ www. ortrallafoundation. org

Components of the Austin school district policy � Definition of sexual harassment, dating violence and bullying � Interventions by school staff � Safety planning � Complaint form � Stay away agreement � Parent involvement � Support services for victims and perpetrators

Hostile Hallways �Eight in 10 students (81 percent) experience some form of sexual harassment during their school lives �Girls are more likely than boys to experience sexual harassment ever (83 percent vs. 79 percent) AAUW. org

How common is sexual harassment? � � � 58% report physical harassment 35% were first harassed in K-5 grades 7% were harassed by a teacher Over 1 in 4 experience it often One of the most common and most distressing forms of sexual harassment was being called gay or lesbian Bullying, Teasing, and Sexual Harassment in School (AAUW, 2001)

The Public Performance of Gendered Violence (Stein, Classrooms & Courtrooms, 1999) �“Sexual harassment has become normalized as its public performance is tolerated, even expected, and allowed to flourish. A school culture has been created that gives, in effect, permission to proceed, potentially turning schools into practice fields and training grounds for dating/domestic violence and other forms of interpersonal gender violence. ”

Bronwyn Blake �Founder and Senior Attorney, Teen Justice Initiative �Texas Advocacy Project �bblake@Texas. Advocacy. Project. org � 1 -800 -374 -HOPE