View the ABMP webinar "Preventing Sexual Harassment in Massage Schools"
For instructors and school administrators, wading through sexual boundary issues in a massage classroom is a complicated process. While schools regularly teach students how to set good sexual boundaries with their clients, they often forget to teach students how to interact in the subtle day-to-day environment of the classroom. In massage school, students play a number of roles (client, therapist, student, friend, etc.) and social exchanges run the gamut from professional and polite to flirtatious and sexual. In this setting, it is important for schools to educate students so that they can set appropriate professional boundaries both with fellow students and their future clients. Increased awareness also helps students to identify when a situation requires an informal response and when sexual harassment is occurring and must be addressed formally.
Schools that take proactive measures to educate their students about sexual harassment in both the classroom and the workplace, set clear policies and procedures on sexual harassment issues, and publicize those policies are taking the necessary approach to the situation. These schools:
- Clearly define sexual harassment and behavior that will not be tolerated either on campus grounds or in off-campus exchanges.
- Publicize a written policy on how the school responds to sexual harassment claims.
- Publicize a grievance procedure so that students, faculty, and staff know how to file a sexual harassment claim.
- Allocate classroom and meeting time to educate students, faculty, and staff about sexual harassment and ways in which it can be prevented.
Sexual Harassment Defined
According to the U.S. Equal Employment Opportunity Commission (EEOC)'s Facts About Sexual Harassment, sexual harassment is a form of sex discrimination that violates Title VIl of the Civil Rights Act of 1964. Sexual harassment in educational settings is further defined in Title IX of the Education Amendments of 1972, which states that sexual harassment can take two forms: quid pro quo and hostile environment.
In quid pro quo cases, harassment occurs when a school employee's conduct causes a student to believe that he or she must submit to unwanted sexual behavior in order to participate in a school program, receive financial aid, or pass a class.
In a hostile environment case, unwanted sexual conduct is so pervasive, persistent, or severe that it affects a student's ability to participate in, or benefit from, an educational program. The instructor, another school employee, a student, or even somebody visiting the school can create a hostile environment.
Sexual conduct becomes unlawful only when it is unwanted (in adult education settings). For this reason, the EEOC suggests that "the victim should directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any complaint mechanism or grievance system available."
Examples of Conduct that May be Considered Sexual Harassment
The school's definition of sexual harassment will become part of its written and publicized sexual harassment policy. Examples include:
- Brushing against, hugging, patting, or touching a person's body unnecessarily.
- Displaying or distributing sexually explicit drawings, pictures, and written materials (for example, bringing a magazine featuring nude images to school and reading it in the classroom).
- Insinuating that the student's grade will be improved if he or she submits to sexual advances by the instructor.
- Gender-based harassment, which includes verbal, nonverbal, or physical intimidation or hostility based on sex or sex-stereotyping (heckling of a gay student based on the student's sexual orientation, sabotaging of a female student's written assignment by a group of male students, etc.).
- Making repeated and unwanted requests for dates, sexual flirtation (repeatedly calling someone an unwanted nickname with a sexual connotation such as Romeo, Sexy, Handsome, etc.), or propositions of a sexual nature.
- Making sexually explicit comments, sexual jokes, sexual questions, or sexist comments.
- Touching oneself sexually or talking about one's sexual activity in front of other students.
Developing a School Policy
According to Harassment-Free Hallways, a resource guide developed by the American Association of University Women Education Foundation (AAUW), every school should have a written policy prohibiting all forms of sexual harassment. Samples are provided below.
Informal and Formal Complaints
The school's complaints procedure should give instructions for making both informal and formal complaints. Suggested informal procedures:
- Tell alleged harassers that their behavior is unwelcome and that you want them to stop. Confrontation can be difficult. If you feel unsafe confronting alleged harassers, follow the formal complaint procedure.
- Write alleged harassers a letter describing the behavior that is unwelcome and state that the behavior is unwelcome. Include the date, time, place, and details of the incident. Explain to alleged harasser how their behavior makes you feel. Keep a copy of the letter.
- If you have followed one of the informal procedures listed above, and the behavior does not stop immediately, file a formal complaint.
Sample Informal Complaint Procedure: "If you believe that another individual is harassing you, the school encourages you to firmly and promptly notify the offender that his or her behavior is unwelcome. This approach should only be used if you feel that the severity of the behavior warrants an unofficial resolution to the matter. In the case of a sexual assault (any type of unwanted sexual touching), an informal procedure is not appropriate and you should file a formal complaint immediately. In situations where power and status play a role in the relationship of the alleged harasser to the victim (i.e., instructor/student, supervisor/employee, etc.) the formal complaint process should also be used."
Sample Formal Complaint Procedure 1: "A student who believes that he or she has been sexually harassed may report the incident to any instructor, administrator, or counselor. Any instructor, administrator, or counselor who receives a complaint must report it in writing to the complaint manager [appropriate name(s), title(s), and contact information] within 24 hours."
Sample Formal Complaint Procedure 2: "An individual who believes that he or she has been sexually harassed may submit a written complaint to the complaint manager [appropriate name(s), title(s), and contact information]. Complaint forms are located in the student lounge, in the files outside the counselor's door, and at the front desk. The complaint need not be made on an official form to be valid."
Sample Anonymous Complaint Procedure: "Anonymous complaints will be accepted in the same manner as authored complaints and investigated to the extent possible."
Sample Third-Party Complaint Procedure: "Any school employee who receives information concerning employee-student sexual harassment must report immediately such information to the complaint manager [appropriate name(s), title(s), and contact information]."
The content of all complaints should include the name of the complainant; a description of the offending behavior; the date, time, and place where the behavior occurred; the name of the alleged harasser, or, if this is not known, any other useful information that may be used to identify the alleged harasser and the names of any witnesses or information that may be useful in identifying them.
Investigation of Complaints
The complaint procedures section of the school's sexual harassment policy should include an outline of the methods the school will use to investigate the grievance. It should also include a timeline for completion of certain steps in the investigation. For example:
- "Within five business days of receipt of the complaint, the complaint manager [name and title] will interview the complainant, witnesses, and the alleged harasser."
- "Within 30 days of receiving the complaint, the school will determine whether sexual harassment has occurred. The school must conclude that sexual harassment has occurred before imposing disciplinary actions. The nature and circumstances of the incident will be considered."
- "Within five days of reaching a decision, the school will report its findings to the parties involved and decide on appropriate disciplinary action. Actions may include academic probation, suspension, or termination from the program or employment."
The final section of the school's sexual harassment policy should include appeal procedures. Part of the appeal section should mention that an internal investigation and remedy is not the only option available for the complainant, who may also contact the U.S. Department of Education Office for Civil Rights, the U.S. Civil Rights Division of the Department of Justice, and the U.S. Equal Employment Opportunity Commission (for school employees wishing to appeal a decision).