Sexual Harassment's Gray Area 

Be Respectful at All Times to Avoid Even the Hint of Misconduct

By Dave Arnold

A custodian was walking up a stairwell at school just as a group of students was coming down. A teen-age girl missed her step and fell into his arms. He saved her from what might have been a painful fall.

Unfortunately, he grabbed her quickly and in an area of the body that embarrassed them both. The custodian was immediately struck with fear. He instantly and instinctively looked around for a reliable witness.

Fortunately, the principle saw everything and assured him not to worry. For a brief moment he was sweating bullets. Why? Sexual harassment.

Good Intentions

He was concerned that he might be charged with harassing the student who accidentally tripped and landed in his arms. He was concerned that he was in the exact wrong place at the exact wrong time. Could the student have misunderstood the custodian’s instinct to break her fall? Maybe.

Sexual harassment is a subject that we should take seriously, especially because it pertains to all ESP. Anyone could be a victim of unfounded harassment charges just as much as a victim of harassment.

At school, most people are friendly with their co-workers and students. But it is prudent to know that our friendliness and good intentions might be misconstrued. It is wise to keep in mind that being respectful of others is worth its weight in attorneys' fees.

Whether we are sharing a recent joke or just chitchatting, we should remember to be cautious of the other party’s feelings. When a person appears to be offended, then the conversation or activity should subsist and an apology immediately rendered.

Act Appropriately

At school, I have made it a personal policy to never touch anyone unless they touch me. A simple handshake or pat on the upper-back is fine. A hug is different. I never hug anyone unless they hug me first. I do my best to avoid “misunderstandings.”
This sounds extreme, but I’m the only adult male in my building for most of the day. As head custodian at Brownstown Elementary School in Illinois, I choose to be safe than sorry.

At your school, a co-worker or even a student could become aggressive and overbearing. Education Support Professionals (ESP), teachers, administrators and other school staff could be on the receiving end of unwelcome advances. Though unintentional, if you don’t like being treated a certain way then don’t take it.

"No” means “no way, no how.” In some cases, legal action might be necessary. You can use your own judgment about notifying your building principle, superintendent, or supervisor before contacting a lawyer.

They will likely try to talk you into dropping the matter, but you are not legally obligated to get their permission to file charges or a lawsuit. In some cases, a supervisor might be the offender.

This is often true in the case of Quid Pro Quoi, that is, “some thing for some thing.” A supervisor might offer a job promotion or special favor in exchange for a date or sexual favor. This is clearly sexual harassment and you have every right to fight back!

Sexual harassment doesn’t always involve members of the opposite sex. There have been cases of sexual harassment involving members of the same sex. The same rules apply for gay men and women as for others.

Falsely Accused

If you should happen to be falsely accused of sexual harassment, immediately secure witnesses and documents in your defense. Hire a lawyer. This is where you have an advantage as a member of the National Education Association (NEA).

Your UniServ director can suggest a lawyer who is endorsed by the Association. NEA supports federal legislation designed to combat sexual harassment. Resolution I-49 states that “sexual harassment is a form of sex discrimination or abuse.”

Navigating the gray area of human relationships in today’s working environment is not easy. If you are a target of harassment at school, help is available through your local Association and the NEA. They are also there for anyone who has been falsely accused. 

(Dave Arnold, a member of the Illinois Education Association, is head custodian at Brownstown Elementary School in Southern Illinois.)

The views expressed in this column are those of the author and do not necessarily reflect the views of the NEA or its affiliates.