Sexual Harassment: It�s Not Academic

By Todd A. Smith & Shoshana T. Bookson

The numbers are startling. According to a survey by the American Association of University Women (AAUW), four of five students in grades 8 through 11 have been sexually harassed at school, usually by classmates. For most of these students, the first episode was in grades 6 through 9, but one-third were first targets in elementary school.

While it may be tempting to dismiss at least some of these reported episodes as the normal and harmless hijinks of adolescence-classic "boys will be boys" behavior-the fact that the episodes are recalled and reported years later suggests that most are not so "harmless" after all.

We all know from firsthand experience that adolescence is a vulnerable time for both girls and boys. Parents know that these seemingly small events can have significant impact on their sons or daughters, and extensive research shows that sexual harassment is definitely not a "small" event. It can damage a child's school performance as well as his or her overall physical and mental well-being. When adults downplay or ignore the harassment, the perpetrators feel empowered and invulnerable and have no reason to stop, while the victims feel even more vulnerable and powerless.

Moreover, sexual harassment is against the law-a violation of Title IX. Schools must have a policy against sex discrimination, preferably one that is clear about sexual harassment. Schools also must investigate reported incidents promptly, have a grievance procedure to resolve complaints, and put a stop to sexual harassment when it is found. Schools that fail to do so can lose federal funding.

But what, exactly, is sexual harassment? There is no "exact" answer. The U.S. Department of Education (DOE) defines it as "unwelcome conduct of a sexual nature"--by students, teachers or other adults. Harassment can include sexual advances, pressure for sexual favors, touching, gestures, jokes, drawings and graffiti, or spreading rumors about others. Boys can be victims as well as girls.

A first-grader kissing another on the cheek is not sexual harassment, the DOE says, because the law takes into account the age and maturity of students. A high school athletic coach hugging a student who made a goal usually isn't sexual harassment either. What about kids telling dirty jokes on the bus or a group of boys heckling a girl as she passes in the hall? One joke or comment may not be enough, but repeated incidents or a pattern of verbal abuse could qualify under DOE guidelines.

Among adults, the one individual who always knows whether a given action is harassment is the perpetrator. He or she knows his or her state of mind and the intended consequences of the action. With adolescents and younger children, however, there may be genuine confusion. This is where parents come in. It is our role to make clear to our children the difference between flirting and sexual harassment. It is our role to provide examples and to make sure that our children understand that harassment has unhealthy consequences for both parties.

Here are a few other tips for parents offered by the National PTA:

Know what's happening with your children. Be alert to symptoms such as chronic anxiety, concentration problems, withdrawn or depressed behavior, insomnia, body image problems, or fear of going to school. Sexual harassment, or just plain bullying, may be a factor.

Request to see the school's written sexual harassment policy. If it doesn't have one, work with other concerned parents and staff to establish one.

Meet with the school principal to advocate for a sexual harassment prevention program.

If you report a sexual harassment incident to school officials without getting results, persevere. If you still have no success, contact your state department of education to file a formal complaint.

If you have any concerns at all, get involved and stay involved. The consequences of doing nothing can last a lifetime.

The National PTA's web site at www.pta.org is an excellent resource on this subject. Another is the American Association of University Women's site, www.aauw.org; or call toll-free at 800-326-AAUW. The U.S. Department of Education's web site,

www.ed.gov, also provides resources, including definitive material about the legal issues involved.

Todd A. Smith president of the Association of Trial Lawyers of America, is a partner in the Chicago, IL, law firm of Power Rogers & Smith.

Shoshana T. Bookson, president of the New York State Trial Lawyers Association, is a partner in the New York firm of Shandell, Blitz, Blitz & Bookson, LLP.