Defining and recognizing sexual harassment may seem confusing at first, but in a general sense sexual harassment is any unwelcome behavior of a sexual nature, usually persistent. Harassment may be verbal, physical, visual or involve job endangerment. The Guilderland Central School District Sexual Harassment Policy uses Equal Employment Opportunity Commission (EEOC) guidelines as the basis for defining sexual harassment.

Sexual harassment interferes with a student’s right to learn, study, work, achieve, or participate in school activities in a comfortable and supportive atmosphere. Similarly, sexual harassment interferes with an employee’s ability to perform productively in a comfortable and respectful environment. According to state and federal laws, sexual harassment of students or school employees is illegal and is prohibited in the New York Public Schools.

The following pages provide the EEOC definition and examples of sexual harassment as well as an exercise for recognizing sexually harassing behaviors. Also included is information on the distinctions between flirting and sexual harassment.

• Is the behavior of a sexual nature?

• Is the behavior unwelcome by anyone involved?

• Does the behavior make you or any other person feel uncomfortable?

• Does the behavior interfere with anyone’s ability to learn or to enjoy school or classroom activities?

• Does the behavior involve one person trying to have some kind of power over another person?

• Is the behavior part of a pattern of repeated behavior?

• Would you want this behavior directed toward a member of your family or toward a friend?

In 1980, the EEOC formally defined sexual harassment. This definition has been accepted by the courts. The legal definition follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when ...

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education.

• Submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individuals.

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance.

• Such conduct creates an intimidating, hostile, or offensive working or education environment.

Accordingly, sexual harassment is categorized as either Quid Pro Quo Harassment or Hostile Work Environment Harassment.

• Quid Pro Quo Harassment: generally involves the harasser demanding sexual favors in return for something. This may include job endangerment, pay increases, promotions, or satisfactory/superior grades or recommendations.

• Hostile Work Environment Harassment: describes instances where threats or trade offs are not as obvious. Such incidents include behaviors which are sexually offensive and make it uncomfortable for the individual to work or learn.

There are four general types of sexual harassment:

1. Verbal harassment/abuse: requests for sexual favors, lewd comments, name calling, dirty jokes

2. Physical harassment/abuse: unwanted touching, kissing, cornering, massaging (in the extreme - rape)

3. Visual harassment: leering or displaying sexually explicit photos or other objects

4. Job endangerment: threats of discipline based upon demands for sexual favors.

(Some of the information above adapted, paraphrased or borrowed from Sexual Harassment. (Guidebook). 1993. Baltimore County Public Schools and Sexual Harassment: AFT Resource Guide. Prepared by AFT Human Rights and Community Relations Department. Women’s Rights Committee.)

• Social norms

• Lack of clear communication

• Sex role stereotyping

• Adult attitudes

• Lack of sexual harassment policy, procedure, and training in organizations

• Lack of follow through on sexual harassment complaints

• No consequences to harasser

• Lack of reporting by the victim

(Factors adapted and borrowed from Sexual Harassment and Teens. 1992. by Susan Strauss. Free Spirit Publishing, Inc. P.84)

• Sexual harassment affects only women.

• By the way they dress and act, people are responsible for being sexually harassed.

• A firm "no" is enough to discourage anyone’s sexual advances.

• Sexual harassment is only found in blue-collar work.

• Only bosses are in a position to sexually harass.

• If people do not report sexual harassment, then it is probably not happening.

• Women who object to pinching and patting have no senses of humor.

• Women who cannot handle the pressure of the working world should stay at home.

• The most common forms of sexual harassment are: receiving sexual comments, gestures or looks (reported by 89 percent of the girls and young women); being touched, pinched or grabbed (reported by 83 percent).

• When sexual harassment occurs, it is not a one-time-only event: 39 percent of the girls and young women reported being harassed at school on a daily basis during the last year.

• Almost two-thirds of the girls told their harassers to stop. Over a third resisted with physical force.

• Most harassed girls and young women tell someone when they have been harassed. Three-quarters (76 percent) of all the girls and women in the sample told at least one person about being harassed in school.

• Harassment is a public event; other people are present at over two-thirds of the incidents reported.

• Sexual harassment happens in all kinds of schools, to all kinds of people -- there are few differences by type of school attended or by racial or ethnic background.

• Girls are most often harassed by fellow students, but 4 percent of girls reported being harassed by teachers, administrators or other school staff.

• Most harassers are male.

• Girls are more likely to do nothing or to walk away without telling the harasser to stop if the harasser is a teacher, administrator or other staff member, than if the harasser is a fellow student.

• Schools are less likely to do something about harassment when the harasser is a teacher.

• While most victims of sexual harassment are women or girls, boys and men are also sexually harrassed.

Stress related physical symptoms and problems including:

• changes in body weight

• colds

• dependence on alcohol or other drugs

• headaches/stomach aches/backaches/other physical aches and pains

• illness

• nausea

• sleeplessness/sleep disturbances

• ulcers

• anger 

• irritability

• depression 

• loss of trust in others

• embarrassment 

• low self-esteem

• fear 

• mood swings

• feeling degraded

• self-blaming

• feeling intimidated 

• self-doubt

• feeling powerless 

• shame

• guilt 

• stress

• "acting out" (behaving inappropriately to get attention)

• damaged reputation

• delayed graduation

• drop in quality of school work

• dropping out of schools

• lower grades

• switching classes

• switching schools

• tardiness

• truancy

• loss of promotional opportunities and job-related educational opportunities

• dread of work

• distraction from tasks

• inability to work

• drop in work quality

• loss of job recommendations

• absenteeism

• tardiness

• Financial liability, litigation costs

• Loss of administrative time, energy dealing with harassment complaints

• Damage to reputation and community relations

• Decreased productivity due to staff/student absence, stress and poor interpersonal relation

• Financial liability, litigation costs

• Suspension, expulsion or discharge

• Damage to reputation as well as personnel/student record

• Hurt and embarrassment to family

• Loss of credibility and trust of others

• Failure to fully respect, appreciate and value others

• Concern that the same may happen to them

• Damage to trust of others, in particular school administrators

• Receive negative messages about appropriateness of harassing behaviors

Remember: Behaviors must be of a sexual nature and many need to be repeated in order to be defined as sexual harassment. Pay attention to how others react to your behaviors. Sexual harassment does not have to be intentional. If you are uncertain if you have offended someone - ask! As a matter of common courtesy and respect, if your behavior is insulting, offensive, or makes others feel uncomfortable, STOP! In all cases, respect the wishes and feelings of others.

Flirting? Flirting is not a problem. Indeed flirting is normal for adolescents and adults. It’s fun and it’s one of many ways in which people figure out if another person finds them attractive. To be certain, flirting is not sexual harassment. What are the distinctions between sexual harassment and flirting? Among other things - flirting feels good and it’s fun. Both people enjoy it. People choose to flirt. Flirting involves a situation of mutual interest between two people. If interest is not mutual, in other words, if one person is not interested in the other, then advances and flirting should STOP.

When can "flirting" become an issue of sexual harassment? "Flirting" may become an issue of sexual harassment when it continues despite the fact that one person is not interested in the other. For example, repeatedly asking someone out after she has rejected previous offers. Or winking at someone everyday when no positive or reinforcing response is offered.

Sexual harassment does not feel good, is demeaning and unwanted by one party. Ultimately, sexual harassment is about power. Sexual harassment allows one person to have "fun" or build himself up at the expense of another. This is never acceptable.

FLIRTING or SEXUAL HARASSMENT?

• Feels good or Feels bad?

• Wanted or Unwanted?

• Flattering or Demeaning?

• Reciprocal or One-sided?

• Attraction or Power?

Dating among peers is normal and acceptable. Asking someone for a date is not sexual harassment. Consensual relationships are not sexual harassment. However, in New York State, law states that there can be no consensual sexual relationship with persons 16 years of age or under. As such, sexual intercourse with a minor constitutes statutory rape, which is a felony.

Sexual relationships between faculty and students are inadvisable for other important reasons. Among others, faculty/student relationships are unprofessional and may be grounds for dismissal in New York State. Relationships between faculty and students are inherently unequal, placing the student in a vulnerable position. Intimate relationships may impair objectivity and result in inequitable academic treatment for the student involved as well as others. Faculty/student relations can ruin careers and reputations.

Consider the following situations and determine whether they describe sexual harassment. Base your answers on the legal definition of sexual harassment:

1. A group of boys "hangs out" in the hallway between classes. They shout ratings of girls’ physical characteristics using a scale of one to ten. Some girls go along, some ignore it, others are visibly shaken. This happens daily.

2. A teacher in an advanced math class frequently "puts down" girls in his class. One day, when Ruth did not understand a particular question, he said, "That’s why girls should not be in math!" Another time he stated, "Boys and intelligent girls will find the assignment easy." Only yesterday, after Judy got an answer wrong, he snapped, "Shouldn’t you be taking home economics instead?"

3. John was talking to a group of school mates. Everyone was joking. Suddenly, Jane grabbed his genitals and giggling, she said, "I just couldn’t resist." Everyone laughed. John was upset but said nothing.

4. Betty, a junior, has been subjected to comments about her breasts and mooing sounds since middle school. In particular, a small group of boys taunt her with loud mooing sounds and milking gestures whenever she walks by. Although she is hurt and angry, she tries to ignore the behavior and has never said anything to them.

5. John Doe, a faculty member, is attracted to one of his students. He asks her for a date. She refuses. He asks her again. She refuses. He continues to ask her out, finally suggesting that she should worry more about getting an "F" in his class.

6. Many boys hang nude or suggestive pictures of women inside their lockers. Other boys stick these inside their notebook covers. Girls have seen them and are angry and upset.

7. The principal has a habit of calling his female faculty and staff "girls". One woman has told him that this is offensive but he continues to refer to the women as "girls". 

8. A new teacher has joined the faculty. A number of boys in school think she’s great looking. Some whistle at her when she walks by. Others have made comments about her body for which she reprimanded them. One boy approached the teacher after class and brushed against her breasts. He bragged about it later.

9. A small group of male faculty gather for coffee in one of their cubicles before class in the morning. They often tell sexual jokes to each other, usually about women, or they jokingly discuss their sexual exploits - which women they "scored" with, etc. The cubicles are in close proximity to those of other faculty, and students are frequently nearby. The women complain among themselves.

1. Yes - sexual harassment: This rating behavior is of a sexual nature and clearly makes some girls feel threatened or uncomfortable. It has continued over a period of days. Hostile environment.

2. No - gender harassment: The teacher’s comments, while inappropriate, are not of a sexual nature. Rather, his comments are related to the gender of the students.

3. Yes - sexual harassment: Hostile environment. Jane’s behavior was unacceptable and of a sexual nature. In this case, her behavior would be considered sexual harassment even if she did not repeat it.

4. Yes - sexual harassment: The comments directed toward Betty were sexual in nature, made her very uncomfortable and angry and persisted over some period of time. This created a hostile environment.

5. Yes - sexual harassment: Quid pro quo. Mr. Doe’s behavior suggested a trade between a date and grades.

6. Yes - sexual harassment: The pictures are of a sexual nature and make many girls angry or uncomfortable. The pictures create a hostile environment for students.

7. No - gender harassment: While calling women "girls" may be inappropriate and offensive, such behavior is based on gender - and not of a sexual nature.

8. Yes - sexual harassment: Such whistling and sexual comments create an uncomfortable working environment for the new teacher. Hostile environment.

9. Yes - sexual harassment: Sexual jokes and public discussion of sexual exploits may make many women uncomfortable and create a hostile working environment.