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We can prevent sexual harassment from happening by educating students and letting them know that they are not exaggerating and it’s ok to complain about it. They do have rights. How is a student supposed to learn in a hostile environment?
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Solange Castro Belcher: What should students know about their rights regarding sexual harassment in schools?
Rocio Córdoba: Sexual harassment in schools is a very serious issue. It’s important for students to know that if they feel that they’ve been sexually harassed that they realize it’s serious and against the law and they should be able to find recourse for it. They are not exaggerating or making a big deal about something. It’s a form of gender discrimination.
The definition of sexual harassment is unwelcomed or unwanted sexual contact or advancement. It’s something that can be experienced by both boys and girls, men and young women. It can take place with an adult being the harasser and it can also take place peer to peer, where students are the harassers. According to Title IX of the education amendment, the federal law that prohibits gender discrimination in schools that receive federal funding, sexual harassment is against the law.
Sexual harassment can take place in two kinds of categories. One is called "quid pro quo," where a teacher could say to a student, "I will give you an A, if you come to my office." In other words, making the student feel compelled to respond to unwelcomed sexual advances because otherwise she will suffer repercussions. This type of sexual harassment is often carried out by a school official or teacher or someone who has the power to do that. The other type of sexual harassment is called "hostile environment" and that is just like what it sounds and can be created by other students. For example, a girl could be followed by another student or group of students who call her sexual names and be placed in fear of being attacked or fondled or touched in an unwelcome way. One of the biggest dangers about sexual harassment in schools is that it really creates the kind of environment where students feel unsafe. And some of the courts have found that students miss school due to this, that it can create fear or discomfort or embarrassment, or it can also cause problems at home. It’s a serious disruption to a students' educational process. For that reason, it’s very important that students realize that, one, it is wrong, two, it is against the law and three, that they can do something about it. The law protects students and there are certain steps that the student can take.
It’s also recommended that students talk with someone they trust. And, depending on the relationship they have with their families, it’s recommended that students talk to their families and make a complaint. Students should also find out if there is a Title 9 or sexual harassment policy at their school and find out what that process is. There is usually an administrator who is assigned to be the person who takes the Title 9 complaint. Once a complaint is filed, the school is held accountable for the conduct of one of their employees. The school is then directed to take action and to begin an investigation or to request that the office of civil rights, under the Title 9 program, undertake an investigation. If something becomes pervasive, students can also file a law suit to be brought to federal court. There are law cases that have wound up in the Supreme Court. We can prevent sexual harassment from happening by educating students and letting them know that they are not exaggerating and it’s ok to complain about it. They do have rights. How is a student supposed to learn in a hostile environment? Besides the psychological damage that sexual harassment causes, it is a serious disruption to any students’ ability to concentrate and focus on her studies.
SCB: What can teachers do to educate their students on this issue?
RC: Teachers can incorporate awareness of this issue into their curriculum, a social studies course. It can become part of the education process. Another thing that schools and teachers can do is host an anti-sexual harassment policy in a visible place, in the main office area. They can make it very clear that sexual harassment is not tolerated at their school. Finally, student groups can organize a panel or an event or an assembly around this issue. Students and teachers need to realize that this is about school safety.
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There have been studies that show that the more comprehensive sexuality education students have, the more likely that the teen pregnancy rate will go down.
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SCB: What do you think young women should know about their reproductive rights and protecting their bodies?
RC: Young women in California have a constitutional right to privacy. This means that they have the right to make choices about their reproductive health care confidentially, without their parents’ consent. This includes access to birth control and reproductive health care, including getting an abortion, without parental consent. This is something that happened as a result of years of advocacy to protect students’ rights. The concern about parental consent laws is that if young people feel that they need parental consent in order to get birth control, then they are not going to seek it. The first step is education about birth control. A lot of it stems from self-esteem issues. Young people need to know that it’s ok to want to take care of yourself and your body, and to be concerned about other people’s welfare, if you’re affecting it. The rates of STDs among teens is high. There have been studies that show that the more comprehensive sexuality education students have, the more likely that the teen pregnancy rate will go down. The United States has the highest teen pregnancy rate in industrialized nations. Unfortunately, this issue is very politicized and conservative policy makers are putting a lot of emphasis on abstinence only education. Our perspective is that there should be comprehensive sexuality education that has abstinence as a component. However, some teens are going to be sexually active and its important for them to know the consequences in terms of pregnancy and in terms of their health.
Schools are not required to have sexuality education. So reproductive health is an issue that really has to be advocated at the local level. The one thing that is required under California law is education about HIV and AIDS prevention. However, it is very important for students and young people to know thir reproductive rights because they help students become more self-aware and exercise responsibility about their actions and the repercussions of unsafe sexuality.
SCB: Can you describe the Latina Rights Project?
RC: The Latina Rights Projects is a new initiative of the ACLU of Southern California and we launched it officially on International Women's Day of this year. The goal of the project is to focus on the civil rights of Latina women and girls in California with two primary priority areas--one being education and the other being health. Within health, there is a focus on reproductive health. The goal of the project is to promote the civil rights of Latina women and girls. We combine litigation, public policy advocacy, and bilingual/bicultural public education about these issues.
We’re also doing some research related projects that will ultimately lead to policy recommendations. This includes a series of discussion groups with Latina college students to try to explore why is it that only 15 % of Latina girls go to college and only 40% graduate from high school. We’re trying to get the perspective of the few girls who actually made it to college. The ultimate goal is to make public policy recommendations around our findings and to educate the public about the status of Latinas in education.
In reproductive health we’re looking at Latina teens in Orange County and Santa Ana, which is predominately Latino, and identifying the knowledge base of their reproductive rights and the extent to which they’ve had any comprehensive sexuality education. Ultimately, we aim to create public education materials that talk about Latina rights and to provide an action plan about what they can do to be advocates in their schools and communities.
There are very few research studies that look at Latina students in particular. Some of the studies have looked at Latino students, then there’s a lot of research on gender. So we’re looking at what happens specifically to girls of color. What are the institutions doing to perpetuate stereotypes? What are they doing to create obstacles to equal educational opportunities for these girls? We’re hearing a lot of issues about not getting enough counseling about college. Another really dominant issue is the need to reach out to the families who may not support their daughters who are doing well in school and trying to get into college. Young women have to be advocates for themselves to their parents so that their parents will let them go to college. We want to develop recommendations so that these girls don’t have to take on the additional burden of convincing their families. It’s hard enough to apply to college and apply to financial aid.
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