Definition and examples of sexual harassment

• Sexual harassment is unwelcome behavior of a sexual nature that interferes unreasonably with a student's or teacher's ability to learn/teach, study, work, achieve, or participate in school activities.
• Examples include: insults and name-calling; off-color jokes; intimidation by words or actions; offensive touching; pressure for sexual activity, sexual assault and rape.
• Sexual Harassment can happen anywhere: on school property, off school grounds in school-sponsored programs.
• Males and females can engage in or be victims of sexual harassment.
• Sexual Harassment is part of a continuum of offensive behavior: teasing, bullying, hazing, harassment, assault, rape.

Laws: Title IX, Civil Rights Law; NH laws

• Sexual harassment is illegal because of federal laws against sex discrimination and against sexual orientation discrimination; New Hampshire laws also prohibit discrimination on the basis of sex and sexual orientation.
• New Hampshire laws require each school district to adopt a RULE prohibiting sex discrimination, and to adopt a policy that guarantees an environment free of sexual harassment that will be published and distributed throughout the school community.
• New Hampshire Laws also prohibit hazing (any act of coercion or intimidation of a student to act or to participate in acts likely to be the cause of physical or psychological injury);
• New Hampshire Laws also require that local school boards shall adopt policies that address bullying behaviors.
• The illegality of sexual harassment indicates that:
• Schools may be deemed LEGALLY LIABLE when sexual harassment and related behaviors occur;
• Perpetrators may be held responsible and removed from the school environment, and even legally prosecuted
• The educational environment may be contaminated by ongoing and unresolved issues of sexual harassment.

Scope/Extent of Sexual Harassment in Schools

• 81% of students experience some form of sexual harassment during their school lives. Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School, 2001
• 83% of girls and 79% of boys have experienced sexual harassment in schools
• 76% experience nonphysical sexual harassment; 58% experience physical sexual harassment; 32% are afraid of being sexually harassed.
• 47% of all students who experience sexual harassment feel upset; they are likely to react by avoiding the person who harassed them, not wanting to go to school, changing their seat in class and finding it hard to pay attention in school.
• 20% of harassed students told no one; 67/% told a friend, 22% told a family member, 11% told a teacher.

School Responsibility Regarding Sexual Harassment

• OCR guidelines: Schools must take "reasonable steps to prevent and eliminate sexual harassment".
• "Prompt and effective action calculated to end harassment prevent recurrence, and, as appropriate, remedy its effects" must be taken.
• Sexual harassment policies must be developed and disseminated to faculty, staff, parents and students.
• A Title IX Coordinator must be appointed to enforce all Title IX Regulations, including sexual harassment; the entire educational community must be advised of this person's position and responsibilities.
• Investigative procedures including consequences of sexual harassment must be established and enforced.
• Training of all administrators, faculty and staff, and, if possible, students about sexual harassment should be implemented annually.