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Sexual harassment in special education

Like all other students, students with disabilities experience sexual harassment in school as both victims and perpetrators. Some disabilities could cause a lack of control over impulses, a lack of awareness of the effects of their words and actions, and a lack of social skills needed to avoid sexually harassing behavior. In some circumstances, a student with disabilities could exhibit a behavior that would constitute sexual harassment without intentionally trying to be malicious or inappropriate. In these cases, where a disability could lead to sexually harassing behaviors, positive behavior intervention plans are often put into place by a team often including parents, school administrators, teachers, school psychologists, and counselors. These types of plans could also be made during Individualized Education Program meetings regarding the student.

Edits for gender double standard

When it comes to sexual harassment or abuse cases involving a male teacher as the perpetrator to a female student, severe punishments are often the result. According to David Ring, a lawyer working with sexual abuse cases, it is not uncommon for the male teachers to be convicted, face jail time, or owe partial civil damages to the student victim depending on the severity of the case. When a female teacher is the perpetrator of sexual harassment to a male student, there are arguments that the female teachers are given lighter sentences and the male victims are given lower amounts of compensation due to the reasoning that teenage males would be willing to have sexual encounters with older, female teachers as a response to changes in their hormones.

While the effects vary from student to student, evidence shows that both male and female victims exhibit similar psychological effects.

Statistics

Demographics

Gender

According to surveys conducted by the AAUW in 1993 and 2001:

• While in both surveys, female students reported experiencing sexual harassment more than the male students, the percentage of male students reporting occasional sexual harassment increased from 49% in 1993 to 56% in 2001.

• In 2001, female students who had been sexually harassed in school reported male-to-female harassment that was one-on-one while male students who experienced sexual harassment reported either one-to-one harassment by a female, or harassment by a group of females.

Race

In the same studies (AAUW 1993, 2001) it was found that:

• 21% of white male students reported having had someone tug at or pull down their clothing in an inappropriate way, while only 10% of African American male students reported this.
• While 51% of Hispanic and 51% of white female students experienced being touched in an inappropriate, sexual manner, 67% of African American females experienced this.
• 18% of Hispanic, 15% of white, and 28% of African American female students reported having been forced to kiss someone.
• 30% of Hispanic, 32% of white, and 50% of African American female students have had someone tug or pull down their clothing in an inappropriate way.

Sexual harassment court cases

Franklin v. Gwinnett County (GA) Public Schools (1992)

In 1992, the Supreme Court decided that, out of the violation of their civil rights, students who were victims of sexual harassment have the right to seek monetary damages from their school district. This was a major step taken by the Supreme Court where before this decision, compensation was not up for grabs from the damage in sexual harassment cases.

Davis v. Monroe County Board of Education

In 1994, when a judge ruled that the school district was not liable for the sexual harassment that occurred when a fifth grade boy allegedly made attempts to inappropriately touch another female student, the case made its way to the Supreme Court. In 1999, the Supreme Court decided that once sexual harassment among peers has been reported to a school district, they must be held responsible.

Bruneau v. South Kortright (NY) Central School District (1996)

When a sixth grade girl was sexually harassed by some of her male peers, under Title IX, she was able to file charges against her school district, teacher, and assistant superintendent, and receive compensation for the damages. Ultimately, because the school district was made aware of the situation and failed to address it, they were found liable for this incident.

Types of sexual harassment in schools

There are three primary types of sexual harassment found in schools: verbal, nonverbal, and physical. The most common type is verbal, followed by physical, and nonverbal. A survey conducted by the AAUW in 2000 found that 6 out of 10, or 58% of the students reported experiencing some form of physical harassment at some point during their time in school, and 76% reported experiencing nonphysical (verbal or nonverbal) at some point during their time in school.

Verbal

Verbal sexual harassment includes unwanted sexual humor, sexual rumors, inappropriate sexual name calling and homophobic slurs, judging or rating others' body parts, pressure for sexual relationships, and and sexual harassment via phone calls.

Nonverbal

Nonverbal sexual harassment includes unwanted written sexual communication (notes, text messages, letters), unwanted sexual facial expressions or gestures, indecent exposure, and the showing of sexual pictures.

Physical

Physical sexual harassment includes sexually brushing against someone, having one's clothing pulled or tugged in a sexual manner, unwanted sexual touching, and any forced kissing or touching.

Peer-to-peer sexual harassment

In a study of middle-school students, results showed that 22% of the female students and 32% of the male students claimed to have made comments with sexual innuendos to their peers.

Peer-to-peer sexual harassment is three times more likely than perpetration by teachers or other school faculty. Sexual harassment between peers may also be a result of students trying to conform to expected gender norms created by society. It can also be used as a tool for gender policing. For example, this could be seen if a male is exhibiting behavior not seen to peers as being masculine, so others may label him with homophobic slurs in order to reinforce gender conformity through a form of nonphysical sexual harassment. Students may exhibit, accept, or tolerate this conforming behavior as to not cause rifts in peer groups.

Developmental causes may also result in sexual harassment among students. Those who are unprepared to interact with those of the opposite sex, are unable to appropriately read social cues, or try to exhibit sexual interest in another while not understanding appropriate boundaries, may end up engaging in sexually harassing behavior.  

Effects (edits)

• 35% of male college students reported feeling very or somewhat upset about being sexually harassed.

• 61% of male students reported feeling not very upset or not at all upset about experiencing sexual harassment.  

• 20% of male students reported feeling worried about sexual harassment, to some extent

• 54% of female students reported feeling worried about sexual harassment, to some extent

Sexual harassment in the school system

Studies have shown that if the sexual harassment was done by a male, both male and female victims experienced behavioral problems, than if the female was the perpetrator. Being absent from school frequently, having difficulties concentrating on school work, and performing poorly on academic work often result. In a nationwide survey of 7th-12th grade students, 32% of students who had experienced sexual harassment did not want to return to school it occurred. This included 37% of female students and 25% of male students. 31% of the surveyed students felt physically sick after being sexually harassed, 30% had difficulties studying and focusing on school as a result of sexual harassment, and 19% of students reported having a difficult time sleeping due to sexual harassment. Other effects include getting into trouble at school, changing the route in which one gets to and from school, and stopping doing activities and sports.

LGBT students

• 60% of LGBT college students try to avoid their harasser

• 24% of LGBT college students have difficulties paying attention in class and studying

• 17% of LGBT college students who had experienced sexual harassment have considered transferring to a different school and 9% made the transfer

Handling sexual harassment

Schools, under Title IX, are required to investigate a situation where there is a report of sexual harassment as well as formally addressing the issue to students, staff, and parents as a preventative measure.

In a study conducted by the AAUW in 2011, of 7th to 12th grade students, only 12% of the surveyed students felt that their school did enough to address sexual harassment.

In colleges and universities

When college students were surveyed, it was found that 35% do not tell anyone about a sexual harassment occurrence, 49% tell a friend, and only 7% go to a school faculty member to report the incident. Female students especially were noted to hesitate to report these incidents in fear that the incidents are not important enough or a large enough deal. 54% of the surveyed college students listed this as a reason for not reporting sexual harassment.

Policies and procedures

79% of surveyed college students know of sexual harassment policies in their colleges. The U.S. Department of Education's Office for Civil Rights has mandated that schools create policies for sexual harassment as well as procedures for how to handle reports of these instances. The Office for Civil Rights' guidelines for effective sexual harassment policies include:

• Issuing a policy against sex discrimination
• Incorporating grievance procedures
• Creating specific investigation plans and timelines
• Explain where one can file a report
• Designate one person (at least) to be the Title IX coordinator for complaints and provide the school faculty and students with that person's contact information
• Create a disciplinary plan for the perpetrators
• Ensure that all of the sexual harassment policies and procedures are easily accessible to students, teachers, faculty, and parents

Along with sexual harassment policies in colleges and universities, brochures or informational handouts are often distributed, and there are often designated locations or personnel on campus where victims can report sexual harassment. Under Title IX, schools that receive federal funding must designate a coordinator to whom those who need to report sexual harassment can go to, as well as who can receive suggestions and feedback from students on how to improve upon how the school is dealing with sexual harassment. This is required of all schools who receive federal funding, not only in higher education.

Prevention

Aside from dealing with sexual harassment as it occurs, prevention is a method used to eliminate sexual harassment before it begins, particularly in schools.The U.S. Department of Education's Office for Civil Rights has stated that training is part of the prevention of sexual harassment in schools and in their 2001 publishing of Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students or Third Parties, they have indicated that not only should academic institutions provide faculty and teacher training, but also provide students with classroom resources in order to make them aware of what constitutes sexual harassment and what to do if it occurs. It is often recommended that consistent anti-sexual harassment workshops begin in the younger grades so that students remain informed and the policies are strongly enforced.