Law and Ethics Equal Employment Opportunity Commission

Question: Analyze the concept of "sexual harassment." Discuss actions that constitute sexual harassment in the education environment. How frequently does it occur? Answer: As per the Equal Employment Opportunity Commission (EEOC), an act is said to be an act of sexual harassment when there are any sexual advances which are unwelcome for favors that are sexual in nature or any other physical or verbal conduct takes places that are sexual in nature ("An Overview of Sexual Harassment", 2016). There are two types sexual harassments that take place in an education environment (a) quid pro quo when the academic decision regarding a student is dependent upon the submission of the student to a conduct that is sexual in nature; (b) hostile environment this occurs when there is conduct that is unwelcomed of sexual nature which creates a threatening, abusive, intimidating environment of learning or is persuasive, persistent and severe to the extent that the ability to benefit or participate becomes affected. It is however not always necessary, though is more prevalent, that it is only someone with authority and power which engages in a behavior that is harassing. It can be peers or a student harassing a supervisor as well (Kingsbury, 2016). The case of sexual harassment are the most litigated and most prevalent in various educational institutions, and there is a lot that is being done by the institutions that such activities are prevented ("An Overview of Sexual Harassment", 2016). In a landmark case of Bethel School District v. Fraser, A Minor, et al. 478 U.S. 675 (1986) wherein a nominating speech by a student in a school general assembly describing a candidate with sexual metaphors which were strong. The issue that was raised was whether this speech was protected under the First Amendment. The court opined that there may be the determination by the schools that some modes of expressions are not appropriate, and sanctions may be applicable to the speech. The court held that there needs to be a balance between the freedom that was undoubted regarding advocacy of controversial and unpopular issues in classrooms and schools against the countervailing interest of the society in teaching the appropriate social behavior and its boundaries. There was an outweighing of the lewd and vulgar speech from the First Amendment right of the student (Bethel School District v. Fraser, A Minor, et al., 1986). If there is the student to student sexual harassment and there is the failure on the part of the school to take appropriate action, then the school shall be held liable for it. In the case of Davis v. Monroe County Board of Education (119 S.Ct. 1661) Sandra Day O. Connor while writing for majority opined that under Law Title IX will be liable under federal law. In this case a fifth-grade girl LaShonda Davis of Macon, GA was groped at regularly be her classmate. She told her teachers, but they did not pay heed to her, slowly her grades in class fell, and she became suicidal. Later the boy confessed and moved district after the parents had filed a criminal complaint against him. They also took a out a sexual harassment/sex discrimination case against the school as well (Davis v. Monroe County Board of Education, 1999). Early efforts to control a potentially harassing situation are very important. Behavior believed to be sexual harassment should be reported immediately, especially if it is recurring. The University must know about incidents of sexual harassment in order to stop them and to prevent future incidents. Administrators and others in a supervisory role must take sexual harassment seriously. All members of the University community should avoid behavior or conduct toward another member which could be interpreted as sexual harassment. Potential offenders should understand that sexual harassment is a serious matter that can have serious consequences. References An Overview of Sexual Harassment. (2016). Strategies. Retrieved from https://www.tandfonline.com/doi/abs/10.1080/08924562.2005.10591145#.U-0pcKOwU08 Bethel School District v. Fraser, A Minor, et al., 478 U.S. 675 (1986). Davis v. Monroe County Board of Education, 119 S.Ct. 1661 (1999). Kingsbury, A. (2016). Toward a safer campus: The ivory tower is more secure than ever, but more safeguards may still be needed. U.S. News World Report, 4852.