Sharon:
You raise a good point. While schools should be aware of their legal
obligation to maintain a learning environment free of sexual
harassment, we are also talking about a larger cultural shift that
needs to happen. In a sense, what's happening in schools as people
become aware of sexual harassment as a problem mirrors what happened
in the workplace starting in the 1970s -- a growing recognition that
certain behavior -- sexual harassment -- is discriminatory because it
operates as a barrier to equality between men and women.
Students, educators, school adminstrators, parents, and other members
of the school community can and should talk about what is and isn't
appropriate behavior in lay person's terms. One reason this is
important is that the legal definition of sexual harassment is
actually quite difficult to meet. For example, the harassment must be
so "severe or pervasive" that it creates a hostile environment.
That's why an isolated verbal comment usually wouldn't rise to the
level of sexual harassment. But putting aside the legal standard, a
school community might want to instill in its members an understanding
that sexual comments and a range of other behaviors that potentially
amount to sexual harassment are inappropriate. Dealing with
situations before they legally become "sexual harassment," and thus
avoiding litigation, serves everyone's interests.
I understand that labelling something "sexual harassment" can be a
turn off to those who resist change or are in denial, but I think it's
important at some point to name the behavior. It can be powerful and
persuasive to put sexual harassment in schools in the context of our
civil rights laws. It can even help us counter some of the arguments
about "adolescent horseplay" and "teasing." In contrast to those
scenarios, sexual harassment is a form of discrimination because it
violates the federal mandate that schools provide an educational
environment in which boys and girls can benefit equally. I just want
to be careful that we don't shy away from using the term "sexual
harassment" in all situations.
Yolanda Wu
NOW LDEF staff attorney
ywu@nowldef.org
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