This is in response to Peter Vogel's request for clarification on
terminology.
I'm a little confused about the word "sex-based harassment" and couldn't
find that term in our previous conversation. That I thought maybe you
meant the difference between sexual harassment and gender violence or
sex-based violence in schools. If that's it, read on.
Terminology is tricky. There are some words that have legal definitions
that are extremely clear. Other words just get used without clear
definitions.
The term sexual harassment was defined by the EEOC back in 1980 to deal
with workplace sexual harassment. Definitions adopted by most states and
school districts look pretty similar to the EEOC definition. That's the
one that says "unwanted, unwelcome behavior of a sexual nature," and goes
on to distinguish between two kinds: quid pro quo (threat to lose a
benefit) or hostile environment.
There is no clear definition of sexual violence. Some of the problem is
that a number of crimes come under the term sexual violence and they are
defined differently in different states. Schools usually want a working
definition for the behaviors that include sexual assault, attempted rape,
rape and other physical behaviors that they deem very serious. They are at
the extreme end of the large continuum that is called sexual harassment.
Schools are also increasingly concerned about date rape, relationship
violence and other interpersonal violence that takes place at school where
the people know each other intimately. Outside of school, these
behaviors may be called domestic violence or relationship violence.
Some people call it gender violence, or gendered violence when it takes
place at school, probably to distinguish it from physical assaults and
weapons violence that most of the safe schools movement talks about.
Weapon violence takes place mostly boys to boys. Sexual violence takes
place mostly males to females.
The ways of dealing with relationship violence in schools
seems somewhat different than the ways to deal with sexual
harassment that comes from an acquaintance or someone unknown. I think
that's why people are looking for different words.
Hope this helps a bit. The lawyers may have a different view.
Eleanor Linn
On 2 xxx -1, Peter Vogel wrote:
> In the literature, I read bout sexual harrassment and sex-based
> harrassment, which I understand to be different things, with some
> overlap. I see only the term "sexual harrasment" used here...
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