Eleanor Finch
Sexual harassment is a pervasive issue in workplaces around the world, undermining the safety, dignity, and career progression of countless individuals. It can take many forms, including physical, verbal, and visual harassment. It is important for employers to establish clear and accessible procedures for handling reports of sexual harassment, and to take any claims seriously. This includes providing training to employees, maintaining confidentiality during the investigation process, conducting a prompt inquiry, and taking appropriate action to prevent further incidents. While most people assume that managers and supervisors are more likely to be harassers, this behaviour can also come from co-workers or third-party clients. Understanding what constitutes sexual harassment and how administrators should handle it is crucial for creating a safe and respectful workplace.
| Characteristics | Values |
|---|---|
| Definition | Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature |
| Who can be harassed? | Anyone, regardless of sex. The victim and harasser can be the same sex. |
| Who can be a harasser? | The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee |
| Where can it occur? | In the workplace, in schools, or anywhere else |
| What should administrators do? | Ensure employees understand their responsibilities for reporting sexual harassment, establish an effective complaint process, provide anti-harassment training, and take immediate and appropriate action |
| What should employees do? | Report unwelcome conduct as soon as possible to a responsible official, inform the harasser directly that the conduct is unwelcome and must stop |
| What should schools do? | Consider the age and maturity of students, inform the harassed student (and the student's parent, depending on their age) of their options, ensure employees understand their responsibilities for reporting |
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What You'll Learn
What constitutes sexual harassment
Sexual harassment is a serious issue that can occur in a wide range of circumstances, including in the workplace, schools, colleges, universities, theatres, and the music business. It is important to understand what constitutes sexual harassment in order to effectively address and prevent it.
Sexual harassment can take many forms, and it is often perpetrated by someone in a position of power over the victim, such as a boss, supervisor, teacher, or other authority figure. However, it is important to note that sexual harassment can also occur between coworkers, subordinates, vendors, or even strangers.
At its core, sexual harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. This can include inappropriate touching, hugging, kissing, or any other form of unwanted physical contact. It also encompasses verbal harassment, such as telling dirty jokes, spreading sexual rumors, or making sexually colored remarks or demands.
Sexual harassment also includes creating a hostile work or learning environment through offensive remarks about sex, sexually explicit communications, images, or graffiti, and displaying pornography. This type of harassment can make the victim feel intimidated, humiliated, or unsafe and can affect their employment or educational opportunities.
It is important to recognize that sexual harassment can be subtle and that both men and women can be perpetrators or victims. Additionally, same-sex advances can also constitute sexual harassment, and it is not always directed at a specific person or specifically about sexual behavior. For example, negative comments about women as a group may also be considered sexual harassment.
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How to report sexual harassment
If you are experiencing or witnessing sexual harassment, there are several steps you can take to report it and seek resolution. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. It is important to note that both the victim and the harasser can be of any gender, and they can be of the same gender. Harassment is not always of a sexual nature and can include offensive remarks or jokes about a person's sex, slurs, name-calling, physical assaults or threats, intimidation, and more.
- Inform the harasser: If you feel comfortable and safe doing so, you can directly inform the harasser that their conduct is unwelcome and must stop. This can be an effective first step in resolving the issue.
- Report to a responsible official or supervisor: If direct communication is ineffective or not possible, you should report the incident to a responsible official or supervisor. In a workplace setting, this could be a first- or second-line supervisor, the offending person's supervisor, the post's management officers, the bureau's Executive Director, or the Office of Civil Rights (OCR or S/OCR). In an educational setting, this could be a teacher, principal, faculty member, administrator, security officer, affirmative action officer, or professional staff member in the office of student affairs.
- Utilize mediation: Mediation is an informal way to resolve sexual harassment issues using a trained mediator. This can be pursued in addition to or separately from reporting to a supervisor.
- File a formal complaint: If you wish to take more formal action, you can file a formal complaint with the relevant authority. In the case of workplace harassment, this could be the organization's Human Resources department or a designated harassment reporting channel. In an educational setting, a formal complaint can be filed with the school's Title IX coordinator or the U.S. Department of Education's Office for Civil Rights (OCR).
- Seek external support: If you feel unsafe or uncomfortable reporting to internal channels, you can seek support from external organizations that specialize in handling sexual harassment cases. They can provide guidance and assistance in reporting and seeking resolution.
Remember, it is unlawful to harass an employee or applicant because of their sex, and employers are responsible for taking prompt and appropriate corrective action upon receiving a report of sexual harassment. Your identity and information will be protected during the investigation process, and retaliation against individuals who report sexual harassment is prohibited by law.
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How to handle a sexual harassment report
Handling a sexual harassment report promptly, thoroughly, and impartially is crucial for fostering a safe and respectful environment. Here is a step-by-step guide on how to handle a sexual harassment report effectively:
Receive the Report
It is important to designate multiple avenues for individuals to report sexual harassment, ensuring they feel safe and supported. Reports can be made to a trusted official, such as a supervisor, manager, or a dedicated Office of Civil Rights (OCR) department. In educational institutions, reports can be made to teachers, principals, administrators, or a Title IX coordinator.
Protect the Reporter
The identity of the individual making the report should be protected, unless it is necessary to disclose for the investigation. Retaliation against the reporter is unacceptable, and measures should be taken to safeguard them from any potential backlash or repercussions.
Investigate Promptly
A thorough and timely investigation should be conducted. This includes gathering information about the incident, such as the nature of the conduct, the context, and any relevant witnesses. The investigation should be impartial, and the alleged victim and harasser's privacy should be respected throughout the process.
Take Corrective Action
If the allegation is found to be credible, immediate steps must be taken to end the unwelcome behavior. This could include disciplinary actions, additional training, or other corrective measures to ensure the behavior does not continue or reoccur.
Follow-up and Support
Provide ongoing support to the individuals involved. This may include offering counselling services, additional security measures, or other resources to help them cope with the aftermath of the incident. It is important to foster an environment where individuals feel empowered to speak up and know that their concerns will be addressed effectively.
Administrators play a vital role in handling sexual harassment reports, and their response can significantly impact the well-being of those involved and the broader community. It is essential to approach each case with sensitivity, discretion, and a commitment to justice.
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How to support the victim
Supporting victims of sexual harassment should be a priority for any organisation. Here are some ways in which administrators can support victims:
Listen and Believe: It is crucial to create an environment where employees feel free to raise concerns and are confident that those concerns will be addressed. Listen to the victim without judgement and believe their account. Take the allegation seriously and assure them that their concerns will be addressed.
Protect the Victim's Interests: Take immediate steps to ensure the victim's safety and well-being. This may include separating the victim and the alleged harasser, offering counselling or support services, and protecting the victim's identity during the investigation process to prevent potential retaliation.
Offer Flexible Reporting Options: Some victims may prefer not to confront the harasser directly. Provide alternative avenues for reporting, such as a trusted supervisor, a designated harassment officer, or an anonymous reporting system. Ensure that victims know they have multiple options and can choose the one they are most comfortable with.
Provide Information and Updates: Keep the victim informed about their rights, the investigation process, and any actions taken. Provide clear information about the organisation's policies and procedures, as well as external resources or support groups that may be helpful.
Be Responsive and Timely: Respond promptly to the victim's reports and concerns. Time is of the essence when dealing with sexual harassment. Any delays in addressing the issue may cause further distress to the victim and allow the harassment to continue.
Tailor Responses to the Context: Administrators should use their judgement to tailor their response to the specific context. For example, in an educational setting, consider the age and maturity of student victims when responding to allegations and involve parents or guardians as appropriate.
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How to discipline the harasser
When it comes to addressing sexual harassment, administrators and employers must take prompt and effective action to end the unwelcome behaviour. Here are some steps to discipline a harasser:
- Investigate and Address: Upon receiving an allegation of sexual harassment, it is crucial to initiate a thorough and impartial investigation. The Office of Civil Rights (OCR) or S/OCR is typically responsible for overseeing these investigations, ensuring they are conducted promptly and with discretion to protect the identities of those involved.
- Protect the Victim: During the investigation, the primary focus should be on ensuring the safety and well-being of the alleged victim. This includes protecting them from any potential retaliation or further harassment.
- Communication and Support: Administrators should maintain open lines of communication with both the victim and the harasser. It is important to listen to both parties, offering support and guidance as needed.
- Corrective Action: If the allegation is found to be credible, immediate corrective action must be taken. This could include disciplinary measures such as official warnings, suspension, or even termination, depending on the severity and frequency of the harassment.
- Prevention and Training: To prevent future incidents, administrators should implement anti-harassment policies and provide comprehensive training to all employees or students. This includes educating individuals on what constitutes sexual harassment, how to report it, and the consequences of such actions.
- Continued Monitoring: Even after disciplinary measures are taken, administrators should remain vigilant and continue to monitor the situation to ensure the harassing behaviour ceases and there is no retaliation.
It is important to adapt these steps to the specific context, whether in a workplace or educational setting, and always adhere to relevant laws and policies, such as Title IX in the case of schools.
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Frequently asked questions
Sexual harassment can be verbal, nonverbal, or physical. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Harassment can also include offensive remarks about a person's sex, such as making offensive comments about women in general. It is important to note that both the victim and the harasser can be of any gender.
When an allegation of sexual harassment is made, administrators should first report it to a responsible official, such as a supervisor or the Office of Civil Rights (OCR/S/OCR). They should then take immediate steps to investigate the allegation promptly and impartially. If the allegation is found to be credible, effective measures should be taken to end the unwelcome behavior and protect the identities of those involved. Administrators should also take steps to prevent further harassment from occurring during the investigation.
Employers and administrators should establish an effective complaint or grievance process and provide anti-harassment training to their managers and employees. They should also clearly communicate that unwelcome harassing conduct will not be tolerated and take immediate action when an employee complains. In educational settings, schools should ensure that employees understand their responsibilities for reporting sexual harassment and inform students and parents of their options for reporting.
