Defining sexual harassment

Sexual harassment and sexual assault have been two perpetually heated topics in every facet of education and employment in the United States since 1964, when Congress passed Title VII of the Civil Rights Act.

The Act prohibits discrimination on the basis of race, color, religion, national origin and sex.

Of the intensive studies done in the U.S. collegiate and university community, it has been found that 20 to 30 percent of female undergraduates (1.4 million to 2.1 million women), along with 30 to 40 percent of female graduate students have experienced some form of sexual harassment throughout their collegiate careers.

Sexual assault is another, more serious form of sexual violation that can lead to dire consequences for the victim. While it is possible for men to be victims of sexual assault, but women have been reported to be the majority of victims, especially at the collegiate level.

One in four women in college has experienced sexual assault. What is most disturbing fact, though, is that 90 percent of these women knew their assailant before the attack.

The true tragedy comes when only 27 percent of these women report their incidents. This leaves the guilty party believing that what he or she did was OK; it sets him or her free to do it again.

Some believe that a woman owes a man sex if he spends money on her. Some also believe that women are playing "hard to get" and truly mean "yes" when they say "no."

Another reason that could lead to unreported cases is alcohol. It is a fact that 75 percent of campus sexual assault cases involve alcohol consumption by either or both parties.

A third reason why victims do not report the incidents may be pure naiveté. It is feasible that the students simply do not know that they are being harassed or assaulted.

In that case, it is time for students to know what sexual harassment and assault are so we can begin to stop these incidents and provide for a safer educational institution and campus life.

A simple definition of sexual harassment can be any action that qualifies as "unwanted and unwelcome behavior that interferes with your life. Sexual harassment is not behaviors that you like or want."

The Equal Employment Opportunity Commission, created in 1964 by the Civil Rights Act, provides an extended definition of sexual harassment for the workplace, which can be extended to the campus community.

The EEOC says, "Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

· The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker or a non-employee.

· The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.

· Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

The state of California Fair Employment and Housing Commission regulations include a more detailed description of instances that can be deemed sexual harassment.

The CFEHC Regulations cite these incidents in addition to those laid down by the EEOC: "leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons or posters, making or using derogatory comments, epithets, slurs or jokes, verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations, touching, assault, and impeding or blocking movements."

It is important to note that sexual harassment and sexual assault are two different categories. Sexual assault includes taking sexual harassment one step further.

According to the Wisconsin Coalition Against Sexual Assault, sexual assault is a form of violence where sex is used as the weapon. It is "any act that breaks a person's trust and/or safety and is sexual in nature. Victims of sexual assault are forced, coerced and/or manipulated to participate in unwanted sexual activity."

Instances included in sexual violence/assault are: rape, incest, child sexual assault, ritual abuse, date and acquaintance rape, marital or partner rape, exposure and voyeurism.

Now you know what legally constitutes both sexual harassment and assault. Those who have experienced it, report it. Those who will experience it in the future, report it. It is a detestable, unfortunate part of college life that must be stopped.

It is time to stop the abominations of sexual harassment and assault in their tracks, and it starts at the ground level. It starts with you.