Sexual Harassment and Sexual Assault Response Tips
Both sexual harassment and sexual violence are prohibited under federal law ― they can have a devastating impact on people’s lives, and often the early warning signs are available. Nearly one in five undergraduate women experience sexual assault or attempted assault while in college, and 31% of girls ages 14-18 reported being a survivor of sexual assault or violence. Workplace harassment is a pervasive issue that is being uncovered in an increasingly public fashion.
In an education environment, Title IX requires schools to address sexual violence promptly, thoroughly, and fairly, regardless of whether an incident is also reported to the police. Even if a sexual assault occurs off-campus and is not connected to a school-sponsored activity, the school must ensure that it doesn’t interfere with a student’s ability to benefit from his or her education or create a hostile environment. Title IX protects all students, regardless of sex, sexual orientation, gender identity, race or national origin, age, disability or undocumented status.
RAINN has found that victims of sexual assault are:
3 times more likely to suffer from depression.
4 times more likely to commit suicide.
6 times more likely to have PTSD.
13 times more likely to abuse alcohol.
26 times more likely to use substances.
Consider the local laws and policies all reportable incidents around a Title IX potential violation. In addition, consider your school policy and ideologies when following up on the report.
Discovery and Identification
Taking a report of sexual harassment or assault is important. Often times, school counselors are the first to see the students. Whether you are in the role of recording a report, reviewing a report, or making sure the student gets to the right resource or person, it is important to know the right protocol. A suggested protocol includes: 1. Listen to the student respectfully. 2. Avoiding judging or blaming the student. 3. Answer questions fully and acknowledge when you do not know the information to a question. 4. Advise the student to document the incident in writing in as much details as possible. 5. Advise students about their rights according to Title IX. 6. Check up on the student and remind them to report any additional harassment.
General Guidance
Respond in a timely manner: With a report on violence, including both sexual and physical, time can be important as it relates to potential physical, emotional and social media evidence preservation.
Take the report seriously: The reporter may be very traumatized and unsure of what he or she is reporting as the victim or witness. No matter what is said or reported, take the reporter seriously. In addition, call an SRO or other assigned Resource Officer to assist as this is a mandated reporting situation. Victims’ memories can become compromised over time so the quicker you can get a statement the better. Do your best to try and listen to gather the facts and seriousness of the report.
Speak with non-judgement: Let the reporter know that you are taking this report seriously and that others within the school will help facilitate the process. Support and understanding is critical at the time of the initial report.
Reporter (3rd party): Determine is this is a self or 3rd party report. This would change the importance of the timing and escalate the need to gather further information
If it’s a third-party report, ask for a name. Let them know that you want to help this person and need to reach out to them to support them. Examples:
“What have you seen or noticed?”
“What did he or she see?”
“Was this person incapacitated in any way?”
“Any social media evidence or considerations?”
“Any other information that you could provide to help me?”
Tips for Interaction
This type of interaction requires building trust with the reporter. Be patient but persistent.
Rapport should be built with the victim before screening questions are asked.
Questions should use specific language when referring to the crime. Words such as hurt, threatened, or forced should be clarified by the interviewer (i.e. did they hurt you vs. did they hit or push you).
Due to rape myths, some victims of intimate partner sexual violence may not consider the crime a "rape." Screening questions should use words such as sexual activity and intimate experience to uncover the facts.
Questions should be open-ended and designed to facilitate disclosure.
Coaching
Listen with empathy and provide support
Sympathize and listen. Minimizing what the reporter is going through can increase his or her sense of hopelessness. Victims of a sexual assault, harassment or physical violence can and will be very sensitive to being judged, and sometimes questions themselves as to whether or not they made it happen and or deserved it. Understanding and compassion and emphasizing they are the victims is crucial.
Express acceptance and concern. Avoid sermonizing, arguing, problem-solving, or giving advice.
It is important to convey an attitude of concern and understanding.
Praise the person for coming forward to report this serious matter and indicate that you are dedicated to getting all parties the help they need.
These follow-up questions have been designed to solicit more information from the victim after the preceding screening questions have been asked. These questions solicit additional information from the victim when the initial screening question is closed-ended and the victim has given a positive response:
“How long has this sexual abuse/behavior been occurring in your relationship?”
“How often does the sexual abuse occur?”
“Are there any patterns between the physical and sexual abuse in your relationship?”
“Have you noticed any change in the frequency or severity of abuse in your relationship?”
“Was there ever any force or pressure involved?”
“Have you ever told anyone or received help?”
“Who did you tell or what type of help did you receive?”
“How has the sexual abuse in your relationship impacted you?”
“Have you noticed any physical or medical changes with your body?”
“What has been the emotional or psychological affects you've experienced as a result of the sexual abuse?”
“How can I help you?”
Resources
Always provide a list of resources to the reporter
Staff Resources:
Resources for Students:
Hotline: 800.656.HOPE
National Sexual Assault Hotline: National hotline, operated by RAINN, that serves people affected by sexual violence. It automatically routes the caller to their nearest sexual assault service provider. You can also search your local center here.
National Sexual Violence Resource Center: This site offers a wide variety of information relating to sexual violence including a large legal resource library.
National Organization for Victim Assistance: Founded in 1975, NOVA is the oldest national victim assistance organization of its type in the United States as the recognized leader in this noble cause.
National Online Resource Center on Violence Against Women: VAWnet, a project of the National Resource Center on Domestic Violence hosts a resource library home of thousands of materials on violence against women and related issues, with particular attention to its intersections with various forms of oppression.
U.S. Department of Justice: National Sex Offender Public Website: NSOPW is the only U.S. government Website that links public state, territorial, and tribal sex offender registries from one national search site.
The National Center for Victims of Crime: The mission of the National Center for Victims of Crime is to forge a national commitment to help victims of crime rebuild their lives. They are dedicated to serving individuals, families, and communities harmed by crime.
National Street Harassment Hotline: Created by Stop Street Harassment, Defend Yourself, and operated by RAINN, the National Street Harassment Hotline is a resource for those affected by gender-based street harassment. Support is available in English and Spanish:
Call 855.897.5910 or chat online.
Legal Disclaimer
This material is made available for education purposes only as well as to give general information and general understanding of current issues, and not to provide specific legal or process advice. This material should not be used as a substitute for your specific safety or legal advice from a licensed professional safety officer or attorney in your state.
This is not meant to be used, nor should it be used, as your safety procedure. For documentation of your safety procedure consult your safety resources at state, district, or school level as appropriate. STOPit is not responsible for any safety issue reported.