Sexual Harassment in the Academic Setting

Sexual harassment is one of the most common forms of gender-based discrimination that has spread in the recent past despite its impact on victims with regards to depriving them equality and dignity. Generally, sexual harassment involves sexual discrimination that infringes civil rights through unwanted sexual advances, verbal or physical sexual conduct, and requests for sexual favors in a manner that affects a person's work performance or social relations.

The victims of this form of gender-discrimination and crime usually feel powerless and have low self-esteem because its most common injuries are emotional. The prevalence of this crime is evident in its current spread in the education environment as well as other workplaces. Actions Constituting Sexual Harassment in the Education Environment Given its current spread, sexual harassment has become common in the modern education environment. Similar to other workplaces, sexual harassment in the education environment occurs between teachers and their employers.

However, students are also vulnerable to sexual harassment to an extent that it is a serious and real issue in education across all levels i.e. elementary and secondary schools, colleges, and universities (Education Department, 1997). Apart from affecting any student, sexual harassment generates considerable physical and emotional effects on students, which influences their academic performance and realization of career goals. In light of the increased occurrence of sexual harassment in the education environment, it is increasingly important to determine and understand actions that contribute to this crime.

Some of the actions that constitute sexual harassment in the education environment include physical sexual assault, sexist remarks by an educator regarding a student's clothing or body, demands or suggestions for sexual favors, unwelcome sexual advances by educators or coaches, and repetitive behaviors of a sexual nature (Stier, 2005, p.13). In most cases, these actions are perpetrated by educators or coaches as well as other professionals in the educational setting or environment.

This implies that sexual harassment in the education environment is usually an issue of authority of power since the individual in power or authority tends to be harasser. Case Law Relating to Sexual Harassment in the Education Setting Case law relating to sexual harassment in the education setting is based on some provisions of the Civil Rights Act of 1964, particularly Title VII, because this form of sexual discrimination breaches these provisions.

According to case law, it is illegal for a student to be subjected to discrimination under any academic activity or program, especially one obtaining financial help from the federal government ("Davis v. Monroe County Board of Education," 1999). Educational institutions may be held liable under federal and state law for failure to protect students from the circuitous acts of third parties including sexual harassment. In addition, case law on sexual harassment in the education environment is also based on Title IX of the 1972 Education Amendments.

This provision forbids the exclusion of a student from involvement in and benefits of any education program or activity in a discriminatory manner. Schools' Responsibility to Prevent or End Sexual Harassment Schools have a role to play in preventing or ending sexual harassment under the law given the increased occurrence of this discrimination in the education setting. The.