Sexual Harassment in the Education Sector

Authors

DOI:

https://doi.org/10.17159/1727-3781/2011/v14i6a2613

Keywords:

Sexual harassment, schools, workplace rights, educational rights

Abstract

Education should safely shape the minds and attitudes of young adults and children, especially with the in loco parentis principle in mind. Young adults who have experienced sexual harassment in the very environment that should have protected them as learners suffer greatly from social problems and from emotional and academic strain. Victims often become future harassers themselves. Sexual harassment should be eradicated from the education sector in toto to ensure a safe learning environment.

 

High incidences of harassment have been found among college students in America, while a very small percentage of such transgressions have been reported. Similar statistics in South African universities are not available, the problem is therefore managed in a void. The position in schools is more alarming.  In South Africa it has been found that 30 per cent of girls are raped at school and that male learners and educators are the main culprits.

 

Not only is the magnitude of this problem gravely underestimated, but the effect of sexual harassment on learners has also not been managed properly. The authors argue that the focus is on avoiding legal responsibility and accountability, rather than on being proactive. The historic invisibility of sexual harassment in education can be attributed to the wrongful silencing thereof.

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References

Bibliography

Cherner-Ranft 2003 NW U L Rev

Cherner-Ranft M E "The Empty Promise of Title IX: Why Girls Need Courts to Reconsider Liability Standards and Pre-emption in School Sexual Harassment Cases" 2003 NW U L Rev 1891-1926

De Wet and Oosthuizen 2007 TG Supp

De Wet A and Oosthuizen I "Opvoeder-tot-leerder seksuele teistering in sekondêre skole" 2007 TG Supp 7(4) 86-102

Dziech and Weiner Lecherous Professor

Dziech BW and Weiner L The Lecherous Professor: Sexual Harassment on Campus 2nd ed (University of Illinois Press Champaign 1994)

Eckes 2006 Education Digest

Eckes S "Reducing peer harassment in schools" 2006 The Education Digest 71(7) 36-41

Espelage and Holt 2007 Youth Adolescence

Espelage DL and Holt M "Dating Violence and Sexual Harassment across the Bully-Victim Continuum among Middle and High School Students" 2007 Youth Adolescence 799-811

Eyre 2000 Gender and Education

Eyre L "The Discursive Framing of Sexual Harassment in a University Community" 2000 Gender and Education 12(3) 293-307

Fitzgerald 1997 J Appl Psychol

Fitzgerald LF "Job-Related and Psychological Effects of Sexual Harassment in the Workplace: Empirical Evidence from Two Organisations" 1997 J Appl Psychol 401-415

Gruber and Fineran 2007 Violence against Women

Gruber JE and Fineran S "The Impact of Bullying and Sexual Harassment on Middle and High School Girls" 2007 Violence against Women 627-643

Jorgenson and Wahl 2000 Harv Rev Psychiatry

Jorgenson LM and Wahl KM "Workplace Sexual Harassment: Incidence, Legal Analysis, and the Role of the Psychiatrist" 2000 Harv Rev Psychiatry 8(2) 94-98

Klusas 2003 TFCLCR

Klusas JA "Providing Students with the Protection they Deserve: Amending the Office of Civil Rights Guidance or Title IX to Protect Students from Peer Sexual Harassment" 2003 TFCLCR 8(1) 91-116

Le Roux, Orleyn and Rycroft Sexual Harassment

Le Roux R, Orleyn T and Rycroft A Sexual Harassment in the Workplace: Law, Policies and Processes (LexisNexis Butterworths Durban 2005)

Limpaphayom, Williams and Fadil 2006 Cross Cultural Management

Limpaphayom W, Williams RJ and Fadil PA "Perceived differences in sexual harassment between business school students in the US and Thailand" 2006 Cross Cultural Management: An International Journal 13(1) 32-42

Marczely 1999 Clearing House

Marczely B "Mixed Messages: Sexual Harassment in Public Schools" 1999 The Clearing House 315- 318

Mawson Weekly Mail and Guardian

Mawson N 'State liable for school rape' Weekly Mail and Guardian 15 January 2004 3

Michaelis 2000 BYU Educ & LJ

Michaelis KL "Title IX and Same-Gender Sexual Harassment: School District Liability for Damages" 2000 BYU Educ & LJ 47-89

Ormerod, Collinsworth and Perry 2008 PWQ

Ormerod A, Collinsworth L and Perry LA "Critical climate: relations among sexual harassment climate and outcomes for girls and boys" 2008 PWQ 113-125

Prinsloo 2006 SAJE

Prinsloo S "Sexual Harassment and Violence in South African Schools" 2006 SAJE 305-318

Ristow Sexual Harassment

Ristow L Sexual Harassment in Employment (LLM dissertation UPE 2004)

Robinson 2000 Studies in Cultural Politics of Education

Robinson K "'Great Tits, Miss!' The silencing of male students' sexual harassment of female teachers in secondary schools: a focus on gendered authority discourse" 2000 Studies in Cultural Politics of Education 21(1) 75-90

Rospenda, Richman and Others 2005 J Bus Psychol

Rospenda KM, Richman J and Others "Is workplace harassment hazardous to your health?" 2005 J Bus Psychol 20(1) 95-110

Russo 2001 Education and the Law

Russo CJ "Recent Developments in the United States Supreme Court: Update on Sexual Harassment in Schools" 2001 Education and the Law 13(1) 69-75

Snyman-Van Deventer and De Bruin 2002 Acta Academica Supplementum

Snyman-Van Deventer E and De Bruin J "Sexual Harassment in South African and American Law" 2002 Acta Academica Supplementum 196-221

Thomas 2004 Brit J Soc Educ

Thomas AM "Politics Policies and Practice: Assessing the Impact of Sexual Harassment Policies in the UK Universities" 2004 Brit J Soc Educ 25(2) 143-160

Timmerman 2003 Sex Roles

Timmerman G "Sexual harassment of adolescents perpetrated by teachers and peers: an exploration of the dynamics of power, culture and gender in secondary schools" 2003 Sex Roles 48(5/6) 231-244

Venter, Chikanga and Hansen Citizen

Venter L, Chikanga K and Hansen D 'Sex abuse at South African Schools increases' The Citizen 26 October 2001 3

Walsh, Duffy and Gallagher-Duffy 2007 Can J Behav Sci

Walsh M, Duffy J and Gallagher-Duffy J "A More Accurate Approach to Measuring the Prevalence of Sexual Harassment among High School Students" 2007 Can J Behav Sci 39(2) 110-118

Wear, Aultman and Borges 2007 Teaching and Learning in Medicine

Wear D, Aultman JM and Borges NJ "Retheorizing Sexual Harassment in Medical Education: Women Student's Perceptions at Five US Medical Schools" 2007 Teaching and Learning in Medicine 20-29

Register of case law

Cram v Lamson and Session Co 49 F 3d 466 (8th Cir 1995)

Davis v Monroe County Board of Education 74 F 3d 1186 (11th Cir 1996)

Davis v Monroe County Board of Education 526 US 629 (1999)

Doe v Town of Bourne 2004 WL 1212075 (D Mass)

Ellerth v Burlington Industries 912 F Supp 1101 (ND Ill 1996)

Farmer v Brennan 511 US 825 (1994)

Franklin v Gwinnett County Public Schools 503 US 60 (1992)

Gebser v Lago Independent Schools District 524 US 274 (1998)

Grobler v Naspers BPK 2004 5 BLLR 455 (C)

Henson v City of Dundee 682 F 2d 897 (11th Cir 1982)

J v M Ltd 1989 10 ILJ 755 (IC)

Kampmier v Emeritus Corp 472 F 3d 930 (7th Cir 2007)

Maepe v CCMA 2008 JOL 21837 (LAC)

Mokoena v Garden Court Art (Pty) Ltd 2008 29 ILJ 1196 (LC)

Ntshabo v Real Security CC 2003 24 ILJ 2341 (LC)

Prinsloo v Van der Linde 1997 6 BCLR 759 (CC)

PSA on behalf of Mthembu v Department of Health 2008 JOL 21638 (?)

Shrout v Black Clawson Co 689 F Supp 774 (SD Ohio 1988)

Soper v Hoben 195 F 3d 845 (6th Cir 1999)

Stadsraad van Pretoria v Pretoria Pools 1990 1 SA 1005 (T)

Stephen Vance v Spencer County Public School District 231 F 3d 253 (6th Cir 2000)

Williams v Saxbe 413 F Supp 654 (DCDC 1976)

Register of legislation

Children's Act 38 of 2005

Compensation for Occupational Injuries and Diseases Act 130 of 1993 (as amended)

Constitution of the Republic of South Africa, 1996

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007

Employment Equity Act 66 of 1995

Employment of Educators Act 76 of 1998 (as amended by the Education Amendment Act 53 of 2000)

Labour Relations Act 66 of 1995

Occupational Health and Safety Act 85 of 1993

Prevention of Family Violence Act 133 of 1993

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Protected Disclosures Act 26 of 2000

Sex Discrimination Act 1986 (Chapter 59 United Kingdom)

South African Council for Educators Act 31 of 2000

South African Schools Act 84 of 1996

Register of government publications

N 1367 in GG 19049 of 17 July 1998 (Code of Good Practice on the Handling of Sexual Harassment Cases)

GN 1589 in GG 24165 of 3 December 2002 (Regulations to Prohibit Initiation Practises in Schools)

Gen N 1357 in GG 27865 of 4 August 2005 (Code of Good Practice on the Handling of Sexual Harassment)

Register of internet sources

Hill and Silva 2005 www.aauw.org

Hill C and Silva E 2005 Drawing the Line: Sexual Harassment on Campus www.aauw.org/learn/research/upload/DTLFinal.pdf [date of use 8 Jul 2011]

Human Rights Watch 2008 www.hrw.org

Human Rights Watch 2008 Universal Periodic Review of South Africa www.hrw.org/legacy/englishwr2k8/docs/2008/01/31/safric17797.htm [date of use 15 Sep 2008]

McGrath 2007 www.mcgrathinc.com

McGrath MJ 2007 The psychodynamics of school sexual abuse investigations www.mcgrathinc.com/ArticlePDF/PsychodynamicsSAInvest.pdf [date of use 8 Jul 2011]

US EEOC [date unknown] eeoc.gov

US Equal Employment Opportunity Commission [date unknown] EEOC statistics eeoc.gov/eeoc/statistics/enforcements/sexual_harassment.cfm [date of use 13 Jul 2011]

Published

09-06-2017

Issue

Section

Articles

How to Cite

Smit, D., & du Plessis, V. (2017). Sexual Harassment in the Education Sector. Potchefstroom Electronic Law Journal, 14(6), 172-217. https://doi.org/10.17159/1727-3781/2011/v14i6a2613

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