The Emperor's New Clothes: How the Academy Deals with Sexual Harassment

80 Pages Posted: 6 Mar 2015

Date Written: 1999

Abstract

This Article argues that the law has failed to hold institutions of higher education accountable for developing sexual harassment procedures that simply do not work for the vast majority of women on campus. The absence of any meaningful external check on procedure means that forces within the academy shape and define the procedures available for sexual harassment victims. Yet the tradition of self-governance coupled with the institution of tenure increase the potential within academia for creating procedures that disproportionately burden the victims of sexual harassment. These procedures, in turn, have created strong disincentives to report harassment.

Part I of this Article summarizes the research on the incidence of sexual harassment both in the workplace and inside academic institutions. The research demonstrates that the incidence of sexual harassment has not declined over the past twenty years, despite the adoption of sexual harassment policies and procedures by corporations and academic institutions. Part II explores the discrepancy between the actual incidence of harassment and the reporting of harassment within institutions. The existing research has documented an underreporting problem in the workplace. Because few institutions of higher education make public their sexual harassment records, this Article summarizes the results of a public records request for sexual harassment complaints, policies, and procedures from ten large public universities. The documents provided demonstrate that underreporting is also a significant problem on college campuses. Part III of this Article explores the reasons for underreporting. The available research indicates that victims rarely report harassment, in large part due to concerns about the fairness and efficacy of internal reporting procedures.

An examination of university sexual harassment policies and procedures reveals that most universities erect significant procedural barriers to reporting.

In Part IV, this Article proposes several steps that universities may undertake in order to increase the likelihood that women will report harassment. Universities and the courts alike should examine the social science literature on sexual harassment and underreporting. The value of sexual harassment law is its influence on the everyday operations of an organization. If procedural barriers foster underreporting, then the courts need to provide legal incentives for institutions of higher education to dismantle these barriers.

Keywords: sexual harassment, Title VII, Title IX

Suggested Citation

Lawton, Anne, The Emperor's New Clothes: How the Academy Deals with Sexual Harassment (1999). Yale Journal of Law & Feminism, Vol. 11, 1999, Available at SSRN: https://ssrn.com/abstract=2573778

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