Peer sexual harassment is a significant social problem with consequences for both students and schools. Four out of 5 students report experiencing sexual harassment. These experiences have been linked to poor psychological health and academic withdrawal. Recognizing the seriousness of sexual harassment in schools, Supreme Court rulings have established school liability for known instances of sexual harassment under Title IX of the Education Amendments of 1972. Federal guidelines established by the Office for Civil Rights of the US Department of Education mandate schools to develop sexual harassment policies; however, the implementation of these guidelines has not been examined. Therefore, this study assessed the degree to which sexual harassment policies in primary and secondary schools adhered to said guidelines.
Introduction
School-based peer sexual harassment emerged as an area of research in the early 1990s, with researchers finding that it is both common and detrimental to youth. School-based sexual harassment is defined by social science researchers as any unwanted sexual behavior that interferes with a student's life or educational opportunities. Two of the largest nationally representative studies of sexual harassment in schools found that approximately 4 out of 5 students in grades 8 through 11 reported experiencing sexual harassment at some time during their school life. Subsequent studies have found equally high prevalence rates, indicating that sexual harassment is pervasive among American youth.
Both youth and schools report a number of negative consequences of sexual harassment. Perhaps most important are the psychological and academic consequences for students. Harassed youth report detrimental psychological outcomes such as feeling fearful, upset, worthless, and helpless against the harassment. Victimized students also experience academic consequences: approximately 25% report talking less in class; 20% indicate they are having difficulty paying attention at school; and 17% admit to skipping school, dropping out of activities, or dropping classes as a result of harassment.
Not only does sexual harassment harm the student targeted, but it also creates a hostile environment for all students, thereby negatively affecting school climate. Positive, safe school climates have been found to promote better teaching, learning, and psychological processing among both teachers and students. Behaviors that contribute to a negative school climate, such as sexual harassment, are in direct conflict with the primary goals of schools--to teach effectively and to enhance student learning.
Some students have filed formal charges against their schools for failing to intervene and end harassment. Such charges are costly for schools in a number of ways. Publicity resulting from students being harassed is likely to damage the reputation of the school as well as the surrounding community. The financial costs related to sexual harassment are also a concern. Supreme Court cases have established school liability for sexual harassment, allowing damages to be awarded to claimants if the school district showed deliberate indifference to known acts of sexual harassment.
The primary federal statute that protects students from sexual harassment is Title IX of the Education Amendments of 1972. Title IX specifically applies to federally fund educational ...