Sexual Harassment in Education Q&A

Often perceived as a workplace issue, sexual harassment can happen in other settings, such as the military and education. Dealing with sexual harassment is challenging, but different locations pose unique concerns.

We will answer the following questions about sexual harassment in education:

• How is sexual harassment related to sex discrimination?
• Can sexual harassment occur in education?
• What is sexual harassment in an educational setting?
• What types of sexual harassment can happen in the education setting?
• What are the Title IX requirements?
• What is a Title IX coordinator?
• What are some examples of sexual misconduct in education?
• How can students file discrimination complaints related to sexual harassment?
• What can you expect from a formal complaint process?
• Does Title IX cover off-campus incidents of sexual harassment?
• Are there any exemptions to Title IX?
• How does the federal government help end sexual harassment against students?
• What are some on-campus supportive measures?
• What is Title VII of the Civil Rights Act, and how does it apply to sexual harassment?
• Where can I find contact information for the Title IX coordinator?
• Talk to an attorney about sexual harassment

How Is Sexual Harassment Related to Sex Discrimination?

Sexual harassment is a complex form of gender or sex discrimination. Sexual harassment conduct can interfere with the victim's well-being and ability to function. Sexual harassment can include:

• Sexual
• Verbal
• Physical behavior

Examples include:

• Unwelcomed sexual advances
• Requests for sexual favors

Discriminatory behavior includes mistreating individuals based on their

• Sex
• Gender identity
• Sexual orientation

Incidents of sexual harassment can result in grave consequences. They affect the victim's life opportunities, health, and the environment where the harassment occurs.

Can Sexual Harassment Happen in Education?

Yes. The issue of sexual harassment in schools is a real and serious problem that affects students at all levels. It happens in elementary and secondary schools, colleges, and universities. It can affect any student, regardless of sex, race, or age. Sexual harassment can:

• Threaten a student's physical or emotional well-being
• Influence their school performance
• Make it difficult to achieve their career or academic goals

What Is Sexual Harassment in an Educational Setting?

Sexual harassment in education includes unwelcome sexual behavior. Such as:

• Sexual advances
• Jokes
• Statements that interfere with a person's access to educational opportunities
• Sex discrimination

It can also include these things based on a victim's sexual orientation or gender identity.

What Types of Sexual Harassment Can Happen in the Education Setting?

Sexual harassment can take various forms. Two main types of sexual harassment are a hostile environment and quid pro quo.

Quid Pro Quo

Quid pro quo harassment happens when a person of authority requests sexual favors for benefits. It involves a transparent exchange of sexual acts for educational benefits.

An example of quid pro quo harassment is when a teacher threatens to fail a student unless the student agrees to date the teacher.

Hostile Environment

A hostile environment happens when sexual behavior that you don't want continues. The unwelcome conduct creates a hostile, intimidating, or offensive environment.

These behaviors can include:

• Suggestive comments
• Jokes
• Images
• Or other forms of unwanted sexual behavior, such as unwanted touching

A hostile environment can affect students' ability to enjoy education programs or activities. Hostile environments include intimidating, threatening, or abusive educational environments.

Who can create a hostile environment?

• A school employee
• Another student
• Someone visiting the school, such as a student or employee from another school

A school must take immediate and appropriate steps to stop harassment and prevent it from happening again.

What Are the Title IX Requirements?

Title IX of the Education Amendments of 1972 (Title IX) is a federal civil rights law. It bans discrimination based on a student's sex in schools and colleges receiving federal funds or financial aid.

Institutions that get federal financial assistance must address and prevent sexual harassment under Title IX.

Prohibited discrimination occurs when:

• A school's employees treat students differently on the basis of their sex
• Engage in sexual harassment
• When the school is aware of a hostile environment
• The school condones, tolerates, or allows that environment to exist

Title IX aims to ensure equal access to educational programs and activities.

What Is a Title IX Coordinator?

A Title IX coordinator is a designated staff member who oversees the school's compliance with Title IX regulations. The Title IX coordinator handles all sexual harassment complaints from staff and students.

What Are Some Examples of Sexual Misconduct in Education?

• Sexual assault
• Sexual violence
• Dating violence
• Domestic violence
• Other unwelcome sexual behaviors that create a hostile environment

How Can Students File Discrimination Complaints Related to Sexual Harassment?

Students can file discrimination complaints by reporting incidents to their Title IX coordinator. There should also be other student authorities on campus to report to, such as campus police or school administration.

What Can You Expect From a Formal Complaint Process?

A formal complaint is a written document filed by a complainant. This formal complaint begins the institution's formal investigation process. The investigation should be what a reasonable person would consider fair and impartial.

The complaint process may lead to a hearing. A hearing gives each party an equal opportunity to share their stories or evidence of sexual conduct.

Who Is a Respondent in a Sexual Harassment Case?

The respondent is the person accused of engaging in the alleged sexual harassment.

Does Title IX Cover Off-Campus Incidents of Sexual Harassment?

Title IX may apply to off-campus incidents if they affect the educational environment.

School districts and educational institutions are responsible for implementing policies that prevent and address sexual harassment.

Community members can help support these implementations by:

• Raising awareness
• Advocating for effective policies that promote respect and inclusivity around the campus
• Upholding those policies

Are There Any Exemptions to Title IX?

Religious educational institutions may seek limited exemptions from aspects of Title IX based on religious beliefs.

How Does the Federal Government Help End Sexual Harassment Against Students?

The U.S. Department of Education's Office for Civil Rights (OCR) investigates and resolves complaints alleging that institutions receiving federal funds have failed to protect students from harassment on the basis of sex.

Agreements often resolve complaints. These agreements demand schools adopt effective anti-harassment policies and procedures. They must train staff and students, address the incidents, and take other steps to restore a nondiscriminatory environment.

Federal and state laws offer protection against other forms of discrimination, such as:

• Race
• Disability
• Age

What Are Some On-Campus Supportive Measures?

On-campus supportive measures offer support services to those with a sexual harassment complaint. They include:

• Counseling
• No-contact orders
• Health care referrals
• Academic accommodations to ensure their safety

What Is Title VII of the Civil Rights Act, and How Does It Apply to Sexual Harassment?

Title VII bans employment discrimination. This includes sexual harassment in workplaces, such as employees of educational institutions.

What Kind of Disciplinary Actions Happen in Cases of Sexual Harassment?

Disciplinary actions may range from educational interventions to expulsion. Disciplinary action will likely include getting law enforcement involved.

Where Can I Find Contact Information for the Title IX Coordinator?

Contact information for the Title IX coordinator is usually available on the institution's website or through the main administrative office.

Talk to an Attorney About Sexual Harassment

Sexual harassment is a serious problem at every educational level. If you, your child, or someone you know suffers from sexual harassment, seek legal advice. For additional information, contact an attorney.