S 371.52 1373 and Montana Schools: and Creating Maintaining Haressmant-Fraa Laarning Monograph Sorias Wo. 3 Sexual Harassment and Montana Schools: Creating and Maintaining Harassment-Free Learning Developed and written by Pat Callbeck Harper Office of Public Instruction State of Montana First Print - June, 1993 Second Print - February, 1994 ° Th, ce °f Publ ^^ ?C eenan lc It1str Star Su Action P^ntendc n r u, S'a" C* dena Mo„ a - 406 , ( ) 444.1 " « «, ^-n. 1 °ur Aope t/,J,?, ser'« of identify paper$ , '°pics confront^' WiH be ^Pfufy^ 3nd ^sourc n con'empo OUr S!u U « ad****, rar . Ues « Pr7o1v,6id'enfotmalion ;« d.es <Jents an(i SJ° ^ e op ‘hheermeosvvtt,,Pnr5es'sf,d.n aw,arenA, school“ 'fined Io . S and r , 2 ”S: ™ ~ »"«C “I p™"«.M"",“ .*« r m'z^. 2zz£ » 'ism-**, ““«»*„./ **r« »*WK «,a* * .^r ^-- P- ' n>Ur Action. am Nancy Keenan, Superintendent State Capitol Helena, Montana 59620 ^ This documentwas producedentirelywith federal funds from a Title IVDesegregation Assistance grant awarded to the Montana Office of Public Instruction. It was printed with state funds and is available from: The Office ofPublic Instruction State Capitol Helena, Montana 59620 The Montana Office ofPublic Instruction does not discriminateon the basis ofrace, sex, age, religion, handicap or national origin. < y Table of Contents Introduction 1 Purpose 2 What Sexual Harassment? 3 is — A Sexual Harassment Spectrum 7 Who can he Harassed? 8 Examples of Harassment/Intimidation 9 Some Case Studies From Montana 12 Common Questions 14 Critical Legal Decisions Affecting Schools 18 How Big is this Problem? 22 Effects of Sexual Harassment 24 The School's Responsibilities 26 "Seeing is Not Believing..." 29 An Abuse of Power in Order to Control 31 What Can be Done-Student Harassment 32 Personal Strategies 36 More Frequently-Asked Questions 37 What Students Should Know 38 Checklist for Students 41 What Families Should Know 42 Successful Montana School Strategies 43 Written and Audiovisual Resources 44 Important Contacts 47 Glossary 48 ^ ** ,v ' ' ' ' : if . ; Introduction - • October 1991 Sexual harassment is raised to national prominence by the Anita Hill/Clarence Thomas hearings before the Senate Judiciary Committee. • February 1992 — In its Franklin decision, the U. S. Supreme Court issues a powerful warning to schools that victims of sex discrimination in educational programs may now sue for monetary damages. — • March 1993 National clipping services estimate that over 700 articles on sexual harassment appear in U.S. newspapers each week. Maybe you recall images ofAnita Hill and Clarence Thomas at the witness table before the Senate Judiciary Committee. That "national lesson" left in its wake strong feelings, more than a little anxiety and anger, and very little accurate information about sexual harassment. In the months that followed, public awareness, attitudes and behavior, and court opinions have been changing rapidly. Sexual harassment in schools has become a critical issue warranting national attention. Sexual harassment and intimidation do occur in Montana schools. Examples include "Friday Flip-Up Day," cross-dressing sexual skits, verbal harassment in hallways and buses, and inappropriate touching and assault. This affects the lives and careers ofstudents, teachers, and stafffrom the largest to the smallest districts. The good word is that Montana educators, parents, and students have been active since 1990 addressingsexual harassment issues in training awareness raising andpolicy development. But, state agencies are still deluged with requestsfor training and assistance. It is not an exaggeration to state that sexual harassment and intimidation in schools remain pressing legal issues facing many Montana schools today. We hope these resources will help you with basic information, as well as some ideas forfollow- up with your school, students, and community. Pat Callbeck Harper, Specialist Pat Reichert OPI Gender Equity Program May 1993 1 Purpose of this Monograph This monograph and resources are intended for educators, administrators, students and parents. Included are the basic information and examples, summaries of critical legal decisions, responses to common questions, and suggestions for compliance and training activities. It is designed to help individuals: • Learn basic definitions, legal decisions, and examples; • Identify school district and employee responsibilities; and • Clarify the roles we mustplay in intervening in suspect harassment among students or adults in school programs. Detailed information on processing reports, and conducting inquiries and investigations are not included. This information, and technical assistance are available by contacting the Office of Public Instruction, Gender Equity Program, or other educational agencies targeting sexual harassment prevention such as the Montana School Boards Association, and the School Administrators of Montana. 2