Preventing Sexual Harassment Handout
Transcription
Preventing Sexual Harassment Handout
Preventing Sexual Harassment in Massage Schools Presented by Associated Bodywork & Massage Professionals In massage schools students play a number of roles (client, therapist, student, friend, adversary, etc.) and social exchanges run the gambit from distant and polite, to warm and affectionate, to flirting and playful, to mutual sexual attraction, to one-sided sexual attraction. While schools regularly teach students how to set good sexual boundaries with their clients once they have gained their credentials, they often forget to teach students how to interact in the subtle day-to-day environment of the classroom. This article examines the challenges of massage school environments before looking at established guidelines for preventing sexual harassment on campuses. Challenges in Massage School Environments For school administrators, instructors, and students wading through sexual boundary issues can be a complicated process, especially in light of the unique challenges presented by massage school environments. Poor draping skills, poor body mechanics, body comments, lack of modesty, the power differential and changing student roles can lead to sexual harassment claims, break down the cohesiveness of a class, and create emotional distractions that prevent students from focusing on their course work. Draping & Sight Lines positioning oneself to see the client’s entire body. Body Mechanics Students often cite cases where the student acting as the therapist leaned against them throughout the session. Female students acting as the therapist might mistakenly touch the clients with their breasts. Both male and female therapists can cause discomfort if they mistakenly lean their genitals against the client. While this is usually accidental, it leaves the student-client in doubt of the studenttherapist’s intentions. Poor draping, sight lines, and individuals standing in the wrong places can lead to sexual harassment claims or increased classroom tension. Situations that lead to discomfort For S include: ch i n intentional or struc ool adm unintentional wad tors, an inistrato d in r undraping of bou g throu studen s, n t g s d the genitals or com ary issu h sexua breasts; loose l e plica ted s is a draping; proc ess. lifting the drape to straighten it and “flashing” others in the classroom; lack of modesty while changing out of clothing or getting on and off the massage table; and Body Comments Body comments are the most difficult element to control in a massage practice classroom. People compliment each other and express their affection by positively commenting on another person’s appearance. This can lead to discomfort if one person feels threatened when another compliments him. In some situations insensitive or overtly sexual comments go unchecked, or students adopt inappropriate language in an effort to be flip and funny. For example, most of the participants of one particular class adopted the saying “nude up” when it was time for massage exchanges. The instructor never redirected this practice and eventually one of the students complained. Dress Code & Modesty Students should be encouraged to wear clothing that does not draw attention to their bodies, avoiding short shorts and skirts, tight-fitting tops, and any top that exposes cleavage. Strictly enforced dress codes are important in massage school to create safety in the classroom and to prepare the student for the professional world. When one student dresses in a sexually suggestive manner other students may feel subconsciously uncomfortable or threatened. Some students may become complacent about modesty and not drape themselves adequately when they get on and off the massage table or change their clothes. This leads many in the class to feel uncomfortable and to be suspicious about their classmates’ motives for exposing themselves. important to understand the parameters of any roles the student plays. For example, how is the role of client defined in the massage classroom? How is this different than the role of student, or the role of therapist, or the role of friend? The Power Differential & Changing Roles When we contemplate these environmental factors its easy to understand how confusion or miscommunication can occur. How can schools support students in setting good sexual boundaries, practicing appropriate professional behavior, recognizing boundary transgressions, and preventing sexual harassment? Sensitivity to student-clients’ increased vulnerability when they are unclothed and lying on a massage table is of the utmost importance. It is not uncommon for a student acting as the therapist to take charge of the massage or object when student-clients prefer to wear undergarments; the therapist may insist that a drape is fine when clients express that they don’t feel covered. Students also make rapid role changes in massage school and this can lead to feelings of confusion and anxiety. It is Established guidelines published by groups like the U.S. Equal Employment Opportunity Commission (EEOC) and The American Association of University Women Education Foundation (AAUW) suggest that schools: 1. Clearly define sexual harassment and behavior that will not be tolerated either on campus grounds or in off-campus exchanges. 2. Publicize a written policy on how the school responds to sexual harassment claims. Sexual Harassment Defined According to the U.S. Equal Employment Opportunity Commission (EEOC) sexual harassment is a form of sex discrimination that violates Title VIl of the Civil Rights Act of 1964.1 Sexual harassment in educational settings is further defined in Title IX of the Education Amendments of 1972. Sexual harassment Case Study A female student constantly uses the terms “Romeo”, “Sweetheart”, and “Darling” when conversing with male students during classes. One male student has asked her not to use these nicknames when addressing him, but she persists. Is this female student harassing the male students in her classes? What action should the campus take to resolve this situation? 3. Publicize a grievance procedure so that students, faculty, and staff know how to file a sexual harassment claim. 4. Allocate classroom and meeting time to educate students, faculty, and staff about sexual harassment and ways in which it can be prevented. can take two forms: quid pro quo and ‘hostile environment’.2 from an educational program. The instructor, another school employee, a student or even somebody that is visiting the school can create a hostile environment. Sexual conduct only becomes unlawful when it is unwanted (in adult education settings). For this reason the EEOC suggests that “the victim should directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any complaint mechanism or grievance system available.” Examples of Sexual Conduct that can be Considered Harassing: • Repeated and unwanted requests for dates, sexual flirtation (e.g. repeatedly calling someone an unwanted nickname with a sexual connotation such as Romeo, hey sexy, hey handsome, etc.), or In general, quid pro quo harassment occurs when a school employee’s conduct causes a student to believe that he or she must submit to unwanted sexual behavior in order to participate in a school program, receive financial aid, or pass a class. In general, a ‘hostile environment’ is created when unwanted sexual conduct is so pervasive, persistent or severe that it affects a student’s ability to participate in, or benefit In massage schools students play a number of roles from client, to therapist, to student, to friend, to adversary. propositions of a sexual nature. • An insinuation by an instructor that the student’s grade will be improved if they submit to sexual advances. • Unnecessary touching, patting, hugging or brushing against a person’s body. • Sexually explicit comments, sexual jokes, sexual questions or sexist comments. • • • Gender-based harassment, which includes verbal, nonverbal or physical intimidation, or hostility based on sex or sexstereotyping (i.e. heckling of a gay student based on the student’s sexual orientation, sabotaging of a female student’s written assignment by a group of male students, etc.). Displaying or distributing sexually explicit drawings, pictures and written materials (e.g. a student brings a magazine featuring nude images to school and reads it in the classroom). Touching oneself sexually, or talking about one’s sexual activity in front of other students. The school’s definition of sexual harassment will become part of its written and publicized sexual harassment policy. Development of the School’s Sexual Harassment Policy According to HarassmentFree Hallways, a resource guide developed by the American Association of University Women Education Foundation (AAUW), every school should have a written policy prohibiting all forms of sexual harassment.4 While sexual harassment policy can take many forms the following elements should be included in the school’s policy: 1. A statement of the school’s commitment to prevent sexual harassment, to investigate claims of harassment in a timely manner, and to reach a fair resolution that includes appropriate and corrective action. 2. A definition of sexual harassment that includes all categories of people affected by the policy (students, faculty, staff, visitors, etc.) and offers examples of prohibited behaviors. 3. Directions for making informal complaints and how to file a formal complaint, along with the names, positions, and contact details of the individuals who are responsible for accepting and Case Study A male student shows up at a female students house and at her work. He also sends her e-mails asking her if she would like to go on a date. The female student answers the male students e-mails and says she is not interested in dating at this time. She sits with him when she is on a break at work but she feels uncomfortable. She goes to the Director of Education and demands the male student be removed from the program for sexual harassment. Is this sexual harassment? What action should the campus take to resolve this situation? managing complaints. 4. A statement that the school will maintain the confidentiality of the victims and witnesses as much as possible, and prohibit retaliation against those who report harassment or act as a witness in a harassment investigation. 5. An outline of the procedure the school will follow when a complaint Case Study A group of female students go to their instructor and tell him that they are not willing to exchange massage in or out of class with a particular male student. The male student is described as “creepy”, “off” and “strange” but no instances of inappropriate behavior have been described or documented. Is the male student harassing the female students? Are the female students harassing the male student? What action should the instructor take? is filed and the methods that the school will use to investigate incidents of sexual harassment. Informal and Formal Complaints The school’s complaint procedure should give instructions for making both informal and formal complaints. A sample might look like this: Informal Complaint Procedure (Sample) If you believe that another individual is harassing you, the school encourages you to firmly and promptly notify the offender that his or her behavior is unwelcome. This approach should only be used if you feel that the severity of the behavior warrants an unofficial resolution to the matter. In the case of a sexual assault (any type of unwanted sexual touching) an informal procedure is not appropriate and you should file a formal complaint immediately. In situations where power and status play a role in the relationship of the alleged harasser to the victim (i.e. instructor – student, supervisor – employee, etc.) the formal complaint process should also be used. Suggested Informal Procedures 1. Tell the alleged harasser that his or her behavior is unwelcome and that you want it to stop. Confrontation can be difficult. If you feel unsafe confronting the alleged harasser follow the formal complaint procedure. 2. Write the alleged harasser a letter describing the behavior that is unwelcome and state that the behavior is unwelcome. Include the date, time, place, and details of the incident. Explain to the alleged harasser how his or her behavior makes you feel. Keep a copy of the letter. If you have followed one of the informal procedures listed above and the behavior does not stop immediately, file a formal complaint. Formal Complaint Procedure (Sample) Oral Complaints: A student who believes that he or she has been sexually harassed may report the incident to any instructor, administrator, or counselor. Any instructor, administrator or counselor who receives a complaint must report it in writing to the complaint manager (the appropriate person(s), and title(s)) within 24 hours. Written Complaints: An individual who believes that he or she has been sexually harassed may submit a written complaint to the complaint manager (the appropriate person(s), title(s), and place where the complaint can be left). Complaint forms can be found in the student lounge, in the files outside the counselor’s door, and at the front desk. The complaint need not be made on an official form to be valid. completion of certain steps in the investigation. For example: Anonymous Complaints: Anonymous complaints will be accepted in the same manner as written complaints and investigated to the extent possible. Within five business days of receipt of the complaint, the complaint manager (name, title) will interview the complainant, witnesses, and the alleged harasser. Third-Party Complaint: Any school employee who receives information concerning employee-student sexual harassment must immediately report such information to the complaint manager (name(s), title(s)). Content of the Complaint: The complaint should include the name of the complainant, a description of the offending behavior, the date, time, and place where the behavior occurred, the name of the alleged harasser or if this is not known, any other useful information that may be used to identify him or her and the names of any witnesses or information that may be useful in identifying them. Investigation of Complaints The complaint procedures section of the school’s sexual harassment policy should include an outline of the methods that the school will use to investigate the grievance. It should also include a time-line for The final section of the school’s sexual harassment policy should include appeal procedures. Part of the appeal section should mention that an internal investigation and remedy is not the only option available for the complainant. They Every school should have a written policy prohibiting all forms of sexual harassment Within thirty days of receiving the complaint the school will determine whether sexual harassment has occurred. The school must conclude that sexual harassment has occurred before imposing disciplinary actions. The nature and circumstances of the incident will be considered. Within five days of reaching a decision the school will report their findings to the parties involved and decide upon appropriate disciplinary action. Actions may include academic probation, suspension or termination from the program. can also contact the U.S. Department of Education Office for Civil Rights, the U.S. Civil Rights Division of the Department of Justice, and the U.S. Equal Employment Opportunity Commission (for school employees wishing to appeal a decision). Publish the Policy & Procedure The sexual harassment policy should be broadly publicized throughout the school. It should be posted in public areas such as the student lounge, classrooms, and faculty room, and published in the school catalog, student handbook, faculty handbook, and employee handbook. It is important that the school ensure that the policy conforms to state and federal nondiscrimination laws. In some schools students, faculty, and staff are required to sign a document verifying that they have read and understand the school’s sexual harassment policy. Education is the Best Preventative Sexual Harassment on Campus Statistics 62% of female college students and 61% of male college students report having been sexually harassed at their university. 10% or less of student sexual harassment victims attempt to report their experiences to a university employee. 80% of students who experienced sexual harassment reported being harassed by another student or former student. 51% of male students admit to sexually harassing someone in college, while 31% of female students admitted to sexually harassing someone in college. 68% of female students reported feeling upset by the sexual harassment they experienced. 16% of female students who have been sexually harassed found it hard to study or pay attention in class. 9% of female students dropped a course or skipped classes in response to sexual harassment. 57% of female students who have been sexually harassed reported feeling self-conscious or embarrassed, while 55% reported feeling angry, and 32% reported feeling afraid. Periodic sexual awareness training for staff, faculty, and students is the best way to prevent sexual harassment. A survey of students can be conducted to find out whether sexual harassment is already occurring at the school. The statistics acquired through such a survey can be used to inform and direct training. A discussion forum on sexual harassment issues allows people to openly explore the definition and emotional ramifications of unwanted sexual behavior. Any discussion of sexual harassment issues in massage classrooms should address specific practical skills that can help to avoid or minimize such problems. These skills such as draping, body mechanics, communication guidelines, modesty, the power differential and changing student roles were examined in the previous section. The responsibility for keeping the classroom safe and helping students to navigate through the subtleties of professional verses nonprofessional behavior falls largely on the shoulders of instructors. These are some of the steps instructors can take to ensure safe and functional classrooms: Review Draping Skills Regularly: Draping often gets sloppy as students progress through a massage program. When loose or sloppy draping is witnessed take action to help the student correct the skill immediately. Enforce Modesty: Many students become more comfortable with their bodies as a massage program progresses. While this is a positive occurrence it can lead to situations of decreased modesty. Help students to differentiate a healthy acceptance of their bodies from immodesty, and promote modest behavior at all times in the classroom. Leaning on the Table: A bad habit that many therapists develop over time is leaning on the massage table. This habit can lead to inappropriate body-to-body contact with clients. Be vigilant and correct students who demonstrate this habit. Body Comments: Review the need to minimize body comments regularly and remind students to pay attention to the body comments they make. When you catch students making a body comment, remark on it and redirect their communication. Changing Roles: Regularly define the roles the students are playing in the classroom at any given time. For example, it is appropriate to say, “Students acting as clients I want you to pay particular attention to draping from therapists today. If you feel that a drape is loose point it out to the therapist immediately. Remember, in your role as a client you are not a friend with the therapist right now. To help your therapist get the most out of the exchange pay attention to how you feel as a client and give them good, constructive feedback throughout the massage.” Review Boundary Issues Regularly: Sexual harassment issues should be reviewed at the beginning of every new term or quarterly. While students might complain that they have “heard it all before” the reminder helps them set good boundaries or recognize when situations make them feel uncomfortable and need to be resolved. While instructors are on the “front lines” of preventing sexual harassment in classrooms, they need the support of school administrators in the form of clear and specific policies, guidelines on disciplinary action in the classroom, and training in methods for managing sexual issues in the classroom. When schools are proactive about educating staff and students about sexual harassment, people feel empowered to voice their concerns and sexual harassers either change their ways or are removed. 1. U.S. Equal Employment Opportunity Commission, “Facts About Sexual Harassment,” http:// www.eeoc.gov/facts/fssex.html (accessed 3/10/06). 2. Coordination and Review Section Civil Rights Division of the Department of Justice, “Title IX of the Education Amendments of 1972,” http://www.usdoj.gov/crt/ cor/coord/titleix.htm (accessed 3/10/06). 3. Office for Civil Rights, “Sexual Harassment: It’s Not Academic,” http:// www.ed.gov/about/offices/ list/ocr/docs/ocrshpam.html (accessed 3/10/06). 4. American Association of University Women Educational Foundation, Harassment Free Hallways: How to Stop Sexual Harassment in Schools. A Guide for Students, Parents, and Schools,” http:// www.aauw.org/ef/harass/ pdf/completeguide.pdf (accessed 3/13/06).