Sexual harassment and rape on campus

When I started thinking about writing on the topic of hazing on campuses and its psychological implications, I had to stop and think of something more severe and tragic that impacts the life of a victim. No, it's not bullying, although it is an important issue but not so common at the college campuses. As I was doing my research on the subject matter, too many stories unfolded and too many people did not want to talk about it. After all, sexual harassment and rape are uncomfortable topics and it becomes even more daunting when it’s about “at college campuses”.

I want to take up a reported case of a University of Virginia’s incident. I am omitting names of the people involved, bullying was not the first step, it was the subtle deception enveloped in an intimidating invitation to the party at the fraternity house- a powerhouse of testosterone. It involved consumption of alcohol and possibly sedatives, deceiving a female student who was gang-raped after given the drink. The school ignored the complaint as it seems like a pattern with some schools to ignore such things or their inability to deal with the issues. Take the case of a school that has some stories buried under the historic cathedral-like buildings; Yes I am talking about Yale, which on a first look gives a sense of piety, wisdom, and sanctuary. In both cases of UV and Yale, it is reported that complaints, protests and repeated pleas for justice were ignored and rather frowned upon.   

  

The irony of the issue is that sometimes campus rape is classified as “date rape”, as if somehow, the rapist is not a criminal but out of the heat of the passion committed the crime against his “date”, presumably who may have had consensual sex anyway? So the “date” rapist gets his image softened up and we talk about it with less disgust and outrage. This is particularly true when it comes to the fraternities of colleges. Why? we should ask ourselves. Why is rape not a crime of constitutional violation of the right to be safe and live in dignity as a free person and pursue happiness, why isn't it considered terrorism against an individual and torture along with sexual battery? Why isn't the book thrown on the rapist for the violation of basic human rights? Why are those laws reserved for political issues and not the crimes inflicted on individuals?  

There is a short distance between date rape and sexual harassment. Date rape is defined as physical sexual violation and battery against a victim and sexual harassment is interpreted as a psychological intimidation.  In the gang rape incident that involved Phi Kappa Psi on September 28, 2012, the fraternity shamelessly denied the charges and the Burden of shame were put upon the victim who is generally reluctant to come forward, to begin with. It was swept under the blankets as fast as it appeared but a sexual harassment scandal unfolded at Yale. This is not the first one but who wants to talk about “Yale” in a negative manner, a university that produces presidents and executive management of the Government, powerful corporate Moguls and world leaders. So the sexual harassment complaints were also swept under the rugs or filed away in at least one case for decades according to a report. Different entities classify sexual harassment differently. It is wrongfully classified as sex discrimination in my opinion, which again softens the impact of the crime on a victim who generally in a subordinate position of need. Following is a definition of sexual harassment by EEOC;

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when 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 victim, as well as the harasser, may be a woman or a man. The victim does not have to be of the opposite sex.

·         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 harasser's conduct must be unwelcome.

It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee files a complaint.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

United States Department of State has instituted the following policy;

The Department of State is committed to providing a workplace that is free from sexual harassment. Sexual harassment in the workplace is against the law and will not be tolerated. When the Department determines that an allegation of sexual harassment is credible, it will take prompt and appropriate corrective action.

What Is Sexual Harassment?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1)  An employment decision affecting that individual is made because the individual submitted to or rejected the unwelcome conduct; or

2)  The unwelcome conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or abusive work environment.

Certain behaviors, such as conditioning promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong.

Unwelcome actions such as the following are inappropriate and, depending on the circumstances, may in and of themselves meet the definition of sexual harassment or contribute to a hostile work environment:

·         Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail;

·         Verbal abuse of a sexual nature;

·         Touching or grabbing of a sexual nature;

·         Repeatedly standing too close to or brushing up against a person;

·         Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested (supervisors, in particular, should be careful not to pressure their employees to socialize);

·         Giving gifts or leaving objects that are sexually suggestive;

·         Repeatedly making sexually suggestive gestures;

·         Making or posting sexually demeaning or offensive pictures, cartoons or other materials in the workplace;

·         Off-duty, unwelcome conducts of a sexual nature that affect the work environment.

How to safeguard yourself from Sexual harassment & Sexual misconduct of any degree at the campus or workplace?

1.      Set the limits: It has become fashionable for girls to act cool by using profanity and acting tough, this gives an opening for the boys too sometimes cross the limits and begin the process. There are cases that a victim does not even know the subtle harassment until it becomes an obvious issue of disturbance. Be who you are but do not try to fit in by giving your standards.

2.      Admonish the perpetrator: Make sure that you communicate your displeasure clearly and what is not welcomed by you and for him/her to stop that behavior. Try to do that in public and in the presence of the witnesses.

3.      Do not participate: Do not respond to the pranks, jokes, and comments which seem  inappropriate and unacceptable to you

4.      Protect yourself: meet friends in public and stay in groups. Do not be a superwoman. Use caution and always be on a look out for stalkers and unfamiliar faces around campuses. Report to campus security and police for any person or activities. The worst thing that could happen as a result of your over reaction is a false alarm but the best thing is that you could save your and others lives.

5.      Information on your whereabouts: Inform your friends and family members of your whereabouts and approximate time of your activities so they worry about an unusual delay and try to contact you.

6.      Know your rights:  It is important to know your basic legal rights and do not get intimidated by the power of the perpetrator, every pharaoh eventually drowns so do not put yourself in a compromising position and do not compromise your principles. Sexual harassment is not a normal behavior of any culture and it is not acceptable. Why did I talk about sexual assault and harassment in the same articles? Because they are close relatives and they both can leave the same psychological impact on a victim. Stay safe!