SEXUAL HARASSMENT
IN THE SCHOOLS/UNIVERSITY
(An Information Guide for Students/Teachers)
Sexual harassment can occur to any person, male or female, regardless of age, occupation, physical appearance or marital status. It is not a new phenomenon. People have been the victims of sexual harassment for years, but until recently the problem was not taken seriously. Now, along with an increasing awareness of the extent of sexual harassment, there is concern about developing strategies to deal with it.
There are steps that students and teachers can take when faced with the problem and we have outlined these here. Sexual harassment and harassment on the basis of sex are prohibited under sections 12 and 13 of the Human Rights Code.
SEXUAL HARASSMENT: A Definition (Section 12)
The Code prohibits harassment on the basis of sex. Harassment in this context means a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome.
SEXUAL HARASSMENT: A Definition (Section 13)
A sexual solicitation or advance made by an employer or other person who is in a position to confer, grant or deny a benefit or advancement when the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.
No person in a position to confer or deny a benefit or advancement shall penalize, punish, or threaten reprisal against that person for the rejection of a sexual solicitation or advance.
As an student:
Your rights....
If you believe you are a victim of sexual harassment as described in the foregoing definition, you should contact the office of Human Rights Commission and explain that you wish to lay a complaint under section 12 or 13 of the Human Rights Code.
The Human Rights Commission will investigate your complaint after obtaining all the necessary information from you. It is the mandate of the Human Rights Investigator to endeavor to effect a settlement through negotiation. If the negotiations fail, the Commission may order a Board of Inquiry.
IN THE EVENT OF AN INCIDENT OF SEXUAL HARASSMENT, WHAT SHOULD YOU DO?
1. Make it clear to the harasser that the conduct is unwelcome and unacceptable.2. Document each case of sexual harassment i.e. time, date, place, person involved, description of the type of harassment, any witnesses. If there are witnesses, have them sign your documentation.
3. Check with fellow students to see if they have experienced similar harassment and document their cases.
4. Report all cases of sexual harassment to a person in a position of authority, i.e. the Principal, Vice-Principal, Dean, President.
5. Use the legal protection available. Before you decide to leave school, college, university, because of sexual harassment, report the case to the Human Rights Commission and obtain advice on the proper action to take.
6. Remember, you do not have to tolerate sexual harassment. Say "no" firmly and indicate you will not be intimidated and that you will take whatever action is necessary to protect your rights.
DON'T FEEL GUILTY: IN SEXUAL HARASSMENT CASES, IT IS THE HARASSER WHO IS WRONG - NOT THE VICTIM!!
As a Principal, Dean, School Board Official (Employer), etc.:
Your responsibility is....
To know that you may be held accountable for harassment perpetrated by a member of your staff. As an employer you can be named as a party to any complaint of sexual harassment brought by a student against a teacher under section 12 or 13 of the Human Rights Code.
And what you can do:
1. Send out a letter defining sexual harassment and your policy on it, to all teachers. Have it posted in all staff rooms.2. Discuss sexual harassment in Principal and Teacher Workshops. Make supervisory personnel aware of the repercussions of sexual harassment and what it means to the work environment.
3. In orientation sessions with new teachers, deal with the issue of sexual harassment and make it known that you will treat any complaints seriously.
4. Ensure that parties to complaints of sexual harassment are protected from reprisals during the investigative process.
WHY ARE STUDENTS ESPECIALLY VULNERABLE?
"Students are vulnerable to sexual harassment because of the nature of the student-teacher relationship. Students are subordinate to their teachers. They are dependent upon teachers for grades, scholarly and financial assistance, and recommendations for jobs and fellowships. Thus, a student is in a vulnerable position should the faculty member choose to exploit his (or her) power and position for sexual gain."
Excerpt from: SEXUAL HARASSMENT ON CAMPUS
By: Arjun P. Aggarwal
HUMAN RIGHTS OFFICERS ARE AVAILABLE UPON REQUEST TO GIVE SEXUAL HARASSMENT PRESENTATIONS AND WORKSHOPS.
FOR FURTHER INFORMATION CONTACT:
Gladys Vivian, Executive Director
The Human Rights Commission
P.O. Box 8700
St. John's, Newfoundland
A1B 4J6
Telephone: (709) 729-2709
729-2326
Toll Free: 1-800-563-5808
Fax: 729-0790