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
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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).