SPEAKER 1: Popular representations
of sex discrimination in the US most often depict women
as victims of discrimination and harassment in the workplace.
Common images include women being
subject to sexist hiring practices,
being sexually harassed by their superiors,
or being repeatedly passed over for a promotion.
All of these practices are examples of sex discrimination,
but Title IX defines sex discrimination
much more broadly than discrimination
on the basis of female gender.
Sex discrimination under Title IX includes sexual
and gender-based harassment, including harassment
on the basis of gender identity and gender expression--
this includes discrimination and harassment targeting trans
and gender non-conforming students--
discrimination and harassment on the basis of pregnancy.
Title IX requires universities to provide accommodations
to pregnant students such as providing
pregnancy-related leave without penalty.
Sexual assault, having or attempting
to have sexual contact with another individual
without consent.
Sexual exploitation, purposefully
taking sexual advantage of another person
without consent, such as video recording someone engaging
in a sexual act without their consent.
Relationship and interpersonal violence--
any act of violence or threatened violence
against a person who is or has been involved
in a sexual, dating, domestic, or other intimate relationship
with that person, or against a person with whom
the person accused of violence has sought
to have such a relationship.
Stalking, which occurs when a person engages
in a course of conduct toward another person
under circumstances that would cause a person
to fear bodily injury or experience
substantial emotional distress.
Retaliation, Title IX bars retaliation
against individuals who pursue university remedies
and grievance procedures.
Retaliation includes threatening, intimidating
harassing or any other conduct, such as purposefully
interfering with, threatening, or damaging an individual's
academic and/or professional career,
that would discourage a reasonable person from engaging
in activity protected under this policy.
More detailed information about each
of these types of discrimination can
be read in the policy section on the Title IX website.
At its most basic level, Title IX
is designed to ensure equity and access.
Under Title IX, educational institutions,
including private universities like Brown,
must ensure equal access to educational programming,
including campus employment, athletics,
and university affiliated funding opportunities.
Sex discrimination comes in many forms,
and anyone can be the target of discrimination.
Institutional versus interpersonal sex
discrimination--
keeping in mind that Title IX prohibits sex discrimination
in educational programming, let's begin
with the different ways discrimination
can impede access.
Discrimination can be institutional,
meaning that the university's informal and formal practices
disadvantage some members of the community over others
on the basis of sex.
Discrimination can also be interpersonal,
meaning that the behavior of an individual
or group of individuals can create a hostile working
environment for some on the basis of sex.
A hostile environment can significantly
impede an individual's ability to work and learn.
In order to further understand this distinction,
let's take the example of sexual harassment.
Based on Brown's participation in the American Association
of Universities survey in spring 2014,
we know that the most common Title IX violation experienced
by graduate and medical students during their time at Brown
was sexual harassment.
The survey identified different types
of interpersonal behaviors that could be considered
sexual harassment, such as making inappropriate comments
regarding body, appearance, or sexual activity,
or repeatedly making romantic or sexual advances toward someone.
The data gathered by the survey represent the prevalence rates
of one form of interpersonal discrimination,
sexual harassment.
We also know from the survey that
graduate and medical students were far more likely
than undergraduates to identify their harasser as a faculty
adviser or supervisor.
If the university systematically refused
to investigate sexual harassment complaints brought
against faculty members, that would
be an example of institutional sex discrimination related
to sexual harassment.
SPEAKER 2: The following scenarios
are hypothetical and do not reflect the policies
of Brown University.
SPEAKER 1: Other examples of interpersonal discrimination
as recognized by Title IX include
the faculty leader running your doctoring small group
consistently makes what they believe
to be humorous comments about how
having such attractive young students in the program
keeps distracting them from that day's lesson plan or activity.
Your department chair refuses to sign off on your pregnancy
leave, despite the fact that the university policy entitles you
to 12 weeks of leave.
A colleague whose behavior is becoming increasingly
controlling threatens to tell everyone in your cohort
that you are transgender if you don't go on a date with them.
A faculty member who works in your area
asks if you want to collaborate on a project.
When you start meeting, they try to turn conversation from work
to romantic and sexual topics.
Every time you try to steer the conversation back to work,
they remind you how working together
will benefit your career.
Other examples of institutional sex discrimination
under Title IX include a program that
has an unofficial policy of only interviewing male applicants.
The university maternity leave policy applies only
to pregnant female graduate and medical students,
excluding pregnant students who do not identify as female,
as well as primary caregivers of infants.
The university refuses to investigate
all complaints alleging harassment of trans students.
A program that has an informal but universally
applied practice of forcing pregnant students
to take a year off, significantly delaying
student's progress and setting up a two tiered track
within the program.
Sex discrimination and difference.
While Title IX allows for a broad definition of sex
discrimination, it does not fully
capture how sex discrimination can
have differing impacts based on other aspects of identity.
Experiences of sexual harm, as well as
experiences of remedying sexual harm,
can vary depending on someone's race, ethnicity, class,
sexuality, ability, citizenship, status, and religion.
It can also vary depending on one's status
within the university itself, such as whether you
have a PhD, MA, or are a medical student.
These aspects of identity, and the corresponding systems
that organize our society, fundamentally
shape gender and sex, the two characteristics
that Title IX is meant to protect by prohibiting
sex discrimination.
To better understand how sex discrimination is impacted
by other forms of difference, let's
return to the example of sexual harassment.
Of the students who reported instances of sexual harassment,
those who identified as underrepresented minorities
had higher rates of sexual harassment
than non-URM students who also reported sexual harassment.
This difference in prevalence rates
indicates the compounded vulnerability students
of color face in instances of sex discrimination.
Long standing racist stereotypes about the hypersexuality
of nonwhite bodies contribute to a culture
that sees people of color as sexually available.
This context may cause individuals
to feel more entitled to sexualize students of color.
The underrepresentation of black, Latinx,
Native American, and Asian Pacific Islander students
in graduate programs and medical school
can also contribute to vulnerability,
because individuals might think these students will
be unlikely to report discriminatory behavior so
as not to further marginalize their status
within the university.
Additionally, students who identified as transgender,
genderqueer, gender non-conforming,
or indicated an identity not listed on the survey,
as well as students who are identified as non-heterosexual,
reported the highest rates of sexual harassment,
illustrating how individuals perceived
as straying from masculine and feminine gender norms
and/or heterosexuality are more likely to encounter harassing
behaviors that question, challenge, sexualize,
or degrade their identity.
These students might also be considered
unlikely to come forward in order
to avoid being singled out.
Additional examples of how sex discrimination intersects
with other forms of bias are your colleague who always finds
a way to steer the conversation towards sex
singles you out to ask about your sex life and birth control
methods.
They know that you abstain from premarital sex
due to your religious beliefs.
A visiting professor repeatedly makes passes
at the only out queer black woman in your cohort,
saying things like a white male academic partner could really
help legitimate your career.
A faculty member threatens to sue you for defamation
if you report their sexual harassment to the university.
You stay silent because you cannot afford legal
representation.
And you're worried a lawsuit might compromise your visa, not
to mention your medical career.
A graduate student you met at a GSC social
begins sending you Facebook messages,
asking if you would ever consider dating a white woman
and expressing her longstanding desire
to see what it would be like to sleep with an Asian woman.
An administrator you are working with to establish a mentorship
program for graduate students of color
begins asking about your dating life.
And every time you meet, they have a new question
of how sexual relationships work for someone
who uses a wheelchair.
You humor them not only because you
don't want to risk plans for the mentorship program,
but also because they are married to your PI,
and you don't want to disrupt things at work.
Cultivating a supportive and equitable workplace.
Now that you understand a bit more about the various forms
discrimination and harassment can take,
you'll be better equipped to address these incidents should
you encounter them during your time at Brown.
If you are on the receiving end of discriminatory or harmful
behavior, please revisit the first video
or go to the Title IX website to learn more about your options.
Remember, there is no single right way
to proceed after experiencing harassment or discrimination.
Each individual must decide what makes sense for them
at any given time.
If you do happen to witness any of the things discussed
in this video, however, there are
things you can do to help build a more equitable environment.
As evidenced by the examples, these incidents usually
happen between people who already
have some kind of relationship, whether it be professional,
friendly, or newly acquainted.
If you happen to be present during an exchange,
it is likely you will know both or all parties involved.
Being part of a familiar social situation
might make it easier to step in than if you saw something
happen between strangers.
But keep in mind that all of the following tactics can be used,
whether or not you know someone.
If you see someone being harassed
you can interrupt and change the direction of the conversation,
so the focus is no longer on the person being harassed.
Take a moment to pull aside the person who is participating
in discriminatory behavior, and tell them
how their actions made you uncomfortable
and could be contributing to a hostile work
environment for their peers.
Enter the conversation directly to say that the comments are
making people uncomfortable.
Take a moment to pull aside the person who
is being harassed to let them know you saw what happened,
and ask them if they are OK, or if they want
support addressing the issue.
Speak to your department chair, academic adviser, trusted
mentor, or the Title IX office about steps
your program can take to establish an equitable work
environment.
Look for more detailed information
about the office processes and resources on our web site.