The Baldwin Insurance Group Inc.

08/20/2024 | Press release | Distributed by Public on 08/20/2024 15:06

Addressing Sexual Harassment in Schools

Sexual harassment is a sensitive topic, making it even more critical for schools to foster an inclusive environment for learning that's physically and emotionally safe for everyone on campus. Prioritizing a culture of respect and awareness not only helps prevent such incidents but also creates a supportive atmosphere where all members of the school community can thrive.

The emotional toll that sexual harassment has on victims is difficult to quantify. Additionally, the fallout from these incidents can also damage a school's reputation and lead to costly litigation. Schools have every reason to ensure they're doing all they can to reduce sexual harassment on campus and at any school-sponsored activities.

Creating a meaningful and lasting transformation within schools demands a collaborative and well-coordinated approach. While the outcomes may require significant time, schools can proactively take steps in the short term to enhance the safety of everyone on campus.

6 actionable recommendations for school administrators:

Assess your policies
Is your school's sexual harassment policy effective? Under Title XI, recipients of federal financial assistance need to create and maintain anti-discrimination and reporting procedures that address sex discrimination, which includes sexual harassment. Clearly define which behaviors constitute sexual harassment and list the repercussions that perpetrators will face should they engage in inappropriate behavior.

These policies and procedures must be well-publicized and clearly state that sexual harassment will not be tolerated, as well as steps to report this behavior. Involve the entire school community, including students, teachers, school employees, and parents, when developing or evaluating your policies to ensure they're practical and easy to understand. Have your policies legally reviewed so that they meet all legal requirements.

Have clear guidelines for reporting incidents

Your policy should outline the formal complaint procedure that informs the school community about the following:

  • How, where, and with whom to file a complaint
  • What the investigative process will entail
  • Penalties for being found at fault for committing sexual harassment
  • How those found guilty can file an appeal
  • Other legal remedies available for the complaining party
  • How you'll ensure confidentiality and protect accusers from retaliation

Implement training programs

All employees should undergo sexual harassment training upon their initial hire and receive periodic refresher training. This program should strongly underscore the school's dedication to creating a harassment-free environment for the entire school community. Training should provide detailed explanations about what constitutes sexual harassment, familiarize employees with reporting procedures, and remind employees of the disciplinary consequences of failing to report complaints. Consider collaborating with staff from domestic violence and sexual assault agencies to implement staff training.

Promote student awareness

It's an unfortunate reality for students to experience sexual harassment. Because of this, students need to know what recourse they have if it's something they or their peers experience. There are age-appropriate ways to deliver this information. If you're unsure how to share this information with your student body, consider tapping into the knowledge of expert consultants in the space to draft and communicate this information.

Investigate incidents effectively

Upon receiving notice of a possible incident, take immediate and appropriate steps to investigate the reported incident. Though the way you conduct the investigation will vary based on the particulars of the allegations, all investigations should be prompt, thorough, and impartial. The process should include interviews with the accuser, the accused, and anyone else who can provide valuable information. Limit the disclosure of information solely to people who need to be involved, and instruct anyone who is part of the investigation, including witnesses, to not discuss the details with anyone. While prompt action is crucial, avoid hasty judgments. It is equally important to consider whether the investigation should be conducted internally or by an external source. Additionally, always remember the significance of thorough documentation. Maintaining comprehensive records of the investigation is vital, ensuring that an external party could reconstruct the entire process based on your documentation.

Take corrective measures to prevent similar incidents from happening again

Once you've completed the investigation, it's your school's responsibility to take actions that will keep the harassment from happening again. Disciplinary actions should match the severity of the conduct. If the incidents of harassment prove to be endemic of larger institutional problems, reevaluate and redistribute your policies along with appropriate trainings. Your response to an incident should not negatively impact a student who has been the victim of harassment.

Ensuring a safe and respectful environment within a school is a paramount responsibility, encompassing the well-being of students, teachers, and all staff members, with a specific focus on preventing incidents of sexual harassment. By fulfilling this duty, schools not only enhance the emotional, educational, and physical wellness of their campus community but also protect their institution from potential financial and reputational liabilities.

Navigating the intricacies of this sensitive issue can be challenging without the proper resources or expertise. Our experienced team has encountered a multitude of scenarios and is well-prepared to help you reduce your exposures related to sexual harassment.

For more information

We're ready to help when you are. Get in touch and one of our experienced Baldwin advisors will reach out to have a conversation about your business or individual needs and goals, then make a plan to map your path to the possible.

This document is intended for general information purposes only and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an "as is" basis, without warranty of any kind. The Baldwin Insurance Group Holdings, LLC ("The Baldwin Group"), its affiliates, and subsidiaries do not guarantee that this information is, or can be relied on for, compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability. This publication is not intended to be legal, underwriting, or any other type of professional advice. The Baldwin Group does not guarantee any particular outcome and makes no commitment to update any information herein or remove any items that are no longer accurate or complete. Furthermore, The Baldwin Group does not assume any liability to any person or organization for loss or damage caused by or resulting from any reliance placed on that content. Persons requiring advice should always consult an independent adviser.