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Sexual harassment in the education sector. Education should safely shape the minds and attitudes of young adults and children, especially with the in loco parentis principle in mind. Young adults who have experienced sexual harassment in the very environment that should have protected them as learners suffer greatly from social problems and from emotional and academic strain.

Victims often become future harassers themselves. Sexual harassment should be eradicated from the education sector in toto to ensure a safe learning environment. High incidences of harassment have been found among college students in America, while a very small percentage of such transgressions have been reported.

Similar statistics in South African universities are not available, the problem is therefore managed in a void. The position in schools is more alarming. In South Africa it has been found that 30 per cent of girls are raped at school and that male learners and educators are the main culprits. Not only is the magnitude of this problem gravely underestimated, but the effect of sexual harassment on learners has also not been managed properly.

The authors argue that the focus is on avoiding legal responsibility and accountability, rather than on being proactive. The historic invisibility of sexual harassment in education can be attributed to the wrongful silencing thereof. Sexual harassment; schools; workplace rights; educational rights. Sexual harassment in the education sector is a burning issue, both in South Africa and in foreign jurisdictions.

However, because of the lack of reliable statistics, this issue has had to be managed in the dark in South Africa. Such statistics merely form part of the larger category of unfair dismissals. The history and sociology underlying sexual harassment have been disregarded to a great extent due to the emphasis that is being placed on avoiding liability.

Sexual harassment in schools is a way of expressing and confirming masculinity within a heterosexualised racial and gender order. Not only is an employer subject to strict liability if a case of sexual harassment occurs in the workplace or at learning institutions, but a plethora of claims can follow and has been known to follow the employer of the harasser. This applies especially to the education sector where the in loco parentis principle reigns supreme and where codes of conduct and policy need to be developed to protect both learners and educators.

A study done in America shows that nearly two thirds of all college students experience sexual harassment during their tuition and that female learners are predominantly the victims. It has also been found that gendered performance intersects intimately with relations of power. The reinforcement of male heterosexuality and the authentication of male masculinity are often the cause of females becoming victims of the sexual harassment in an education environment.

Tertiary institutions and schools are no longer the ivory towers of the past. They have become a breeding ground for unfair discrimination and victimisation on sexual grounds. Gender stereotyping is one of the main reasons for the high number of sexual harassment cases reported in the education sector in South Africa and other jurisdictions. Only if the socio-political, historical and cultural factors underlying this phenomenon are fully understood can sexual harassment ever be eliminated.

As part of the expanding global village, South Africa has a variety of cultures and races of which the education sector must take cognisance in order to fully eradicate all forms of sexual harassment in education. According to Robinson 1 , empirical evidence from studies done in Australia over a ten-year period shows that the relationship between masculinity and sexual harassment in secondary schooling still stems from the perception that men, collectively, have power over women and that the very definitions of manhood maintain this notion.

Sexual harassment seems to be integral to the performance of homogenised masculinity. The connection between sexism and harassment cannot be stressed enough. Victims often ask themselves what they have done wrong, what part of the problem they own, what they have done to contribute to sexual harassment, what they have wrongly observed and to what they have silently given consent.

It must be kept in mind that learning institutions are not only vehicles for teaching learners but remain a workplace for educators as well. Whereas sexual harassment often begins in elementary school it often escalates in high school, both in frequency and type, as students progress through school to tertiary institutions. This phenomenon has been described as a "disturbingly prevalent trend. Sexual harassment at universities has been understood as the exercise of power by specific individuals, and it has been dealt with via insufficient policies and grievance procedures.

From an article written by Linda Eyre from the University of Brunswick, it is clear that this problem is far greater than the mere deviance by individual students. Catharine MacKinnon first brought the problem of sexual harassment on campus to the attention of the broader community.

She described the harassment of students, especially female students, as a form of violence against women and coined the term "sexual harassment. The same problem was experienced by all - the lack of a mechanism that would encourage victims to come forward and use the system. It is argued that the number of formal and informal complaints remains minuscule in comparison with the total number of incidents of sexual harassment, either in the workplace or in schools or universities.

It is further stated that sexual harassment by university professors of their female students is a fact of campus life and that the silencing thereof is part of the reason for the historical invisibility of the problem: The most prevalent defence is that it is the students who harass the professors.

However, according to the writer of this book, students are capable of sexual hassle but not sexual harassment due to the absence of power on the side of the student. The fact that sexual hassle is in existence is not a reason for tolerating or ignoring sexual harassment. Sexual give-and-take is based upon mutual consent, which is not possible in the student-teacher relationship because of the power imbalance and the magnitude of the role disparity.

It must be kept in mind that in sexual harassment the concern is about the unhealthy sexual dynamic, about behaviours that are exploitative, abusive and psychologically and academically damaging. In this new plight the role of professors has changed, allowing for closer contact with students to facilitate the required "relate to student" dichotomy. This autonomy offers sanctuary to professors and may cause hazard to students.

Different people have different forms of power over subordinates in commercial and non-commercial organisations and are able to abuse that power within those limits. The supervisor has power over the subordinate as the teacher has over his learners and as professors have over their students. This form of harassment of females in schools, especially secondary schools, has not received the attention it should and poses a real problem in several jurisdictions. This type of harassment seems to reverse the usual pattern.

It leads not only to women having to defend their claims of sexual harassment but also challenges women to question the phenomenon of sexual harassment in the traditional sense. It has been pointed out that abuse has traditionally been effected by men in power positions and that sexual harassment implies the misuse of their position of trust.

The previous explanation of the social power differentiations between masculinity and femininity cannot come into play in this instance. It becomes evident when male students undermine classroom management in the traditional Western discourse of authority by relying on the construction that children are perceived as "innocent" and "naive" in relation to "adult" concepts such as sexuality, gender and power 17 , which proves not to be the case. Australia's Sex Discrimination Act 18 , which underwent significant changes in , acknowledges that students could sexually harass their teachers and provides for legal recourse if the perpetrating learner is 16 years of age or older.

This provision does not exist in South African law and surely is a lacuna. The so-called "gender regime" presents itself in schools and refers to the traditional perceptions of authority as being male dominant. Historically women in education were seen to be poor disciplinarians, lacking male attributes to control especially older children and more specifically boys.

Authority and discipline were predominantly defined in hegemonic masculine terms and confirmed by the sexual division of labour where men created policy, saw to discipline and were the decision makers. Robinson of the University of Australia, 20 gendered authority was present in non-traditional female subjects such as physics, computing, chemistry and others, which traditionally reflected a strong masculine bias. This presents a problem in modern society. The study showed that boys would challenge not only the authority of their female teachers but also question female educators' authority over and knowledge of their subjects.

They would ask male teachers to assist them in these traditionally male environments, even outside the classroom.

It is argued that in the Western world "masculinity comes to define valued experience" 21 and those that do not fit the profile as being male, white, heterosexual and middle class are seen to be lacking authority.

It is this perceived lack of authority that leads to female educators being harassed. The fact that male teachers often entered female classrooms unauthorised to manage what they perceived as a disciplinary problem occurring in the class further contributed to the undermining of female educators' authority in the eyes of learners.

In the education sphere it is of the utmost importance that female educators be perceived to be able to maintain discipline as, according to this study, students believed that males were stronger, louder, had more control, were more intimidating than females and thus had greater authority.

Students clearly associated power and authority with dominant male attributes and powerlessness with femininity. It is from this premise that female teachers were regarded as easy targets for practical jokes and were less respected by students.

The study showed that female teachers also believed that male teachers had an advantage over them as owing to their masculinity they possessed more disciplinary power. This masculinity is based purely upon the masculine body, as represented by the male's size and strong vocal cords. This is reminiscent of the subservient role women played in early history. It is a reminder that even in modern society, the notion of female subservience is confirmed and that the mere fact that women have entered the modern workplace is not enough to manage perceptions of female inferiority.

In adolescence, specifically in male students, the link between daily practices and organisations of power lies in the differentiation between male and female bodies. This is where the problem starts. It must be kept in mind that the teacher is the in loco parentis figure and should not be a pawn on a chessboard. In challenging female authority, boys do not display fear of repercussion.

The very nature of committing sexual harassment in the open leads to its silencing in the hallways of schools. Boys use sexual harassment of female teachers as a means to undermine the feminine and confirm their masculinity. In this sense the gendered status quo is maintained in schools. One of the problems presented in this type of harassment is the fact that the victim often gets blamed for sexual harassment committed against her, the reason being given as her inability to maintain proper discipline.

Teachers who have complained of sexual harassment have been branded as "poor teachers" by fellow teachers, students and executive members because "good teachers" are judged on how well they maintain discipline. Power issues, gender issues and other social forces all work together to set the scene for sexual harassment by learners of their female teachers. For as long as the sexual harassment of female teachers is seen to be a "discipline" problem the silence in this regard will continue. To be victorious, they should be aware of this and address their own actions to bring into the open their sexual harassment experience, as it is unfair per se.

This study links up with cultural factors as well. It was found that boys from non-English households were more prone to be perceived as harassers, especially those from southern Europe and Middle Eastern countries, who are perceived to be products of their machismo and misogynist cultures. However, this was found to be nothing more than a mere perception. It was also just a perception that boys of slow learning ability were more likely to harass due to their incapability to control their sexual urges.

This proved to be a fallacy as well, as the study found that boys from Celtic backgrounds and those from non-Celtic backgrounds are equally likely to harass, irrespective of their intellectual ability. An investigation lodged into allegations of the serious and persistent sexual harassment of learners in South African schools led by the Human Rights Commission in has revealed that sexual harassment in South African schools is rife and poses a real threat to learners in particular.

Equal learning opportunities cannot be guaranteed in such a negative environment. No official data could be found on the prevalence of sexual harassment in tertiary institutions. Data on harassment in schools are few and varied and are often the result of an independent study in a specific geographical area. Nevertheless, all the relevant material points to a problem of majestic importance and magnitude.

Sexual harassment in education should be regarded as extremely serious, especially in view of the special nature of the relationship between educators and learners.

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