Sexual harassment of students : policies and procedures in Florida school district

256 Pages·1994·8.9 MB·English

by  Speisman, Renee F. W., 1953-

SEXUAL HARASSMENT OF STUDENTS:
POLICIES AND PROCEDURES IN FLORIDA SCHOOL DISTRICTS
By
RENEE F. W. SPEISMAN
A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL
OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT
OF THE REQUIREMENTS FOR THE DEGREE OF
DOCTOR OF EDUCATION
UNIVERSITY OF FLORIDA
1994
This dissertation is dedicated to my parents,
Nathan and Elisabeth Weinberger, for their
unconditional love and to my grandmother, Helena
Friedlander, whose independence and determination
inspired me to believe in myself.
ACKNOWLEDGEMENTS
The writing of my doctoral dissertation never would
have been possible without the efforts and cooperation of
many individuals. I owe a debt of gratitude to all those
people who offered me guidance and encouragement along the
way.
First, I would like to express my appreciation to Dr.
Paul George, my chair, for his support of the research. He
offered extensive comments and many wise suggestions
throughout the various stages of this project.
I am indebted to Dr. Joan Curcio, my cochair, who
illuminated for me the study of the law. Over the years,
she has been a teacher, advisor, and mentor. Her belief in
my ability gave me the confidence to see this project to
completion.
I also wish to express appreciation to Dr. David
Honeyman for his enthusiasm and insightful advice; Dr.
Cecil Mercer for his humor and sense of perspective; and Dr.
James Hensel for his words of reassurance and willingness to
serve on my committee.
Support of another kind came from my colleagues at the
Levy County School Board. To my coworkers there I also owe
a special note of gratitude. I especially thank Ruthann
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Ross for her friendship and willingness to listen. In
addition, I owe thanks to Paul Johnson, Cliff Norris, Judi
Buchanan, and Leila Pratt for their support throughout this
experience. I also want to thank Mary O'Leary for her
technical assistance.
Deep appreciation is extended to my good friends and
walking partners, Tara Shively and Marilyn Palumbo, who
helped bolster my spirits during this project. Special
thanks go to Amy Milford, Leila Cantara, and Kathy Carroll
for sharing their professional expertise and providing
emotional backing.
From the beginning, my family has provided unwavering
support of my efforts to further my education. I thank my
son, Jordan, for his interest in the project and my
daughter, Rachel, for her enthusiasm about completion of the
project. Finally, I thank my husband, Michael, for his
patience, understanding nature, and editorial assistance
during the development of the project. As my best friend
and helpmate he guided me through my darkest hours.
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TABLE OF CONTENTS
Page
ACKNOWLEDGEMENTS iii
ABSTRACT viii
CHAPTERS
I INTRODUCTION 1
Background of the Study 5
Purpose of the Study 13
Justification of the Study 14
Method of the Study 16
Delimitations of the Study 18
Limitations of the Study 19
Definition of Terms 20
Organization of the Study 22
Notes 23
II REVIEW OF RELATED LITERATURE 28
Legal Framework of Sexual Harassment 28
Fourteenth Amendment 31
Section 1983 34
Title VII 45
Title IX 55
State Statutes 68
Legal Implications 70
OverIvniceiwdenocfeSexual Harassment of Students . 7734
Harm to Students 87
Failure to Report 88
School Districts' Response 89
Need for Policies and Procedures 89
SummDaervyelopment of Policies and Procedures . 9971
Notes 98
III METHODOLOGY Ill
Research Design 112
Sample of the Study 114
v
Documents 114
Interviews 115
Methods and Procedures 117
Documents 117
Interviews 121
Data Analysis 128
Documents 128
Interviews 129
Summary 130
Notes 130
IV FINDINGS OF THE STUDY 133
Findings Related to Policy Development .... 134
Scope of Policy Development 134
Analysis of Policies 136
FindLianrggse-SRiezleadtedSchtooolPolDiicsytriIcmtplementation . 114486
Middle-Sized School District 162
Small-Sized School District 171
Status of Implementation 181
Cross Role Group Analysis 189
Summary 194
Notes 195
V CONCLUSIONS, DISCUSSION, AND IMPLICATIONS . 197
Overview of the Study 197
Summary of Findings 200
Policy Development 200
Implementation of Policies 202
Conclusions Based on Findings 203
Evolving Status of Policy 203
ImpRleilcaattiioonnsshifporofPraFcitnidtinigosnertso Literature . 221140
Recommendations for Future Research 219
Summary 220
Notes 223
REFERENCES 225
APPENDICES
A LETTER TO EQUITY COORDINATOR 235
B FOLLOW-UP LETTER TO EQUITY COORDINATOR . 236
C SEXUAL HARASSMENT POLICY CRITERIA 237
D LETTER TO SUPERINTENDENT 239
E CONSENT FORM 240
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F INTERVIEW GUIDE 241
G DEMOGRAPHIC DATA SHEET 243
BIOGRAPHICAL SKETCH 244
vii
Abstract of Dissertation Presented to the Graduate School
of the University of Florida in Partial Fulfillment of
the Requirements for the Degree of Doctor of Education
SEXUAL HARASSMENT OF STUDENTS:
POLICIES AND PROCEDURES IN FLORIDA SCHOOL DISTRICTS
By
Renee F. W. Speisman
August 1994
Chair: Paul S. George
Cochair: Joan L. Curcio
Major Department: Educational Leadership
The purpose of this study was to describe how school
districts within the state of Florida are responding to
constitutional, statutory, and case law by developing and
implementing policies and practices which deal with sexual
harassment of students. Legal theories of sexual
harassment, literature on sexual harassment of students, and
policy issues related to sexual harassment were used as a
framework for this study.
A case study approach was used. The research process
consisted of three phases. During phase one of the research
process, copies of district-developed sexual harassment
policies and procedures were requested from all school
districts within the state of Florida. Phase two consisted
of in-depth interviews with school officials who have
responsibility for compliance with the laws prohibiting
sexual harassment of students. Phase three involved
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.
analysis of the data. The district policies were analyzed
against specified criteria based on constitutional,
statutory, and case law. Interviews were coded and analyzed
qualitatively
The following conclusions were drawn from the findings.
Sexual harassment policy development and implementation in
the state of Florida are in an evolving status. Seventy-
five percent of the districts have policies that
specifically prohibit sexual harassment. The majority of
these policies lacked any reference to the protection of due
process rights, timeframes for investigating and resolving
complaints, and awareness and availability of the policy.
Several themes relating to the status of implementation
of sexual harassment policies emerged from these interviews.
These themes included recognition of the seriousness of
sexual harassment, definitional concerns, limited awareness
of policies and procedures, the need for educational
opportunities, underreporting of complaints, and the
potential for false complaints.
The study includes a discussion of how these findings
relate to the literature. Implications of the investigation
and recommendations for researchers and practitioners also
are included.
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CHAPTER I
INTRODUCTION
In The AAUW Report: How Schools Shortchange Girls, a
comprehensive synthesis of research on gender bias in
preschool through high school, the American Association of
University Women (AAUW) concluded that girls frequently
confront a wide range of barriers to achieving their full
potential in school.1 Moreover, these barriers can act to
restrict career possibilities for girls.
Similarly, in her article, "A Gender at Risk,” Charol
Shakeshaft asserted that girls are still "accorded neither
equality of treatment nor equality of outcome in most
schools."2 Shakeshaft argued that if girls are to achieve
their potential, schools must provide environments that are
conducive to female students' best efforts. A school
climate that is hostile inhibits academic learning, social
growth, and psychological well-being; students are denied a
safe, equitable environment in which to learn.
Sexual harassment has been identified as one barrier to
educational equity.3 In the dictionary, harassment is
defined as the act of, or an instance of, vexing or
annoying.4 Harassment denotes an imbalance in power between
the individuals involved, with the victim always having less
1