In a sexual harassment case involving two Northeastern students, Miguel Parra admitted to making “physical contact of an insulting nature by touching Virginia’s with a metal object,” according to the plea agreement read by Judge Fletcher. He had also made an inappropriate remark to another female student during the same class.
How did an insulting jest make it to criminal court? Primarily, an inappropriate joke would make a good case for sexual harassment if, according to NEIU policy and the Civil Rights Act of 1964, it creates a hostile environment. A hostile environment is considered (by U.S. law, and NEIU policy) to be a pattern of behaviors or incidents that “may seem harmless as individual events, but which may be considered intimidating, hostile, or offensive when taken together.” As a singular instance, Parra’s inappropriate joke and crude use of a classroom-learning tool does not correspond to this definition. It was certainly improper, and offensive, but to report it as sexual harassment versus intimidation or offensive behavior of a singular nature is overstepping boundaries.
Parra was not immediately aware that he had so seriously offended the students, but sent an e-mail to both women that stated, “I was not thinking about my actions at the time, and I can understand why you feel the way you do. … I am very sorry.” It would appear that he was not attempting to make a hostile environment.
Some things should be resolved in a mature and orderly way, without involving the legal system, and this seems like one of them. Some reflection and communication might have been essential in lowering the costs of this case on all sides. Recognizing early on that an apology was made, or that offense would be taken, would have saved time and distress.
The two women who brought this case to the legal system were acting within university policy, but this was something that might have been resolved before reaching criminal court. Women should feel empowered to be able to take action at the time they are offended, or shortly thereafter. If women feel they can take anything to court to get money or to prove a point they are abusing our rights. The law is there to protect women who are inhibited from having the pluck to say, “That really offended me, and I feel that you should apologize/not continue with this behavior” It is not part of the usual socialization process for women, but responsible faculty, and administrators can and should guide young women and female students toward true empowerment.
A troubling aspect of this case is the varied and inconsistent responses by faculty, staff, and administration. If a ruling is passed using the proper procedure, the case should rest there, and the punishment should be ruled accordingly. If the procedure is flawed, there is a greater margin for anger and legal reactions to develop.
All students should be aware of the sexual harassment services offered on campus, the laws about sexual harassment, its definition, and know appropriate actions to take. A variety of offices provide services aimed at promoting awareness and prevention of sexual harassment and its consequences:
a. The Adult and Women Student Programs Office (D-017, 442-4870) conducts workshops for employees and students and provides classroom presentations on request,
b. The Affirmative Action Office (C-219, 442-5416) provides workshops on sexual harassment on request and in response to specific needs, and
c. Some academic courses in Sociology and Women’s Studies regularly include content on sexual harassment.