Sexual harassment in aquatic settings. (Aquatics).

The aquatic environment is fraught with potential for sexual harassment, especially for girls and women. The transient and seasonal nature of many positions, small age-difference between employees and patrons, and relatively low pay may at times foster unprofessional conduct. At the present time, the organizations that train and certify aquatic professionals do not formally address sexual harassment in either swim instructor or life guarding education. It is therefore left to the local facility to address the issues of training and prevention in the recreational, instructional life guarding, competitive and managerial environments.

Swimming is one of the most popular leisure pursuits in the United States. It is a prerequisite for all other aquatic activities. It is estimated that there are over 6.5 million pools in the United States and uncountable miles of shore line. As many as 103 million Americans consider aquatic activities their number one recreational pursuit (American Red Cross, 1996). Many leisure services place a great deal of their program emphasis and resources in aquatics. This is especially true in geographic areas which permit seasonal outdoor aquatic opportunities. It is stated in Leisure Programming: A Service-centered and Benefits Approach (Edginton, Hanson, Edginton and Hudson, 19981 that the objective of an aquatics program should be "to provide a positive, fun-filled opportunity to learn skills that will reduce the number of drownings and provide life-long aquatic enjoyment." This objective is accomplished by providing a safe aquatic experience, encouraging individuals to have fun and including programing opportunities for skill development.

The aquatic environment is fraught with potential for sexual harassment. This is especially true for girls and women. In fact Stein (1993) found that 99 percent of survivors of sexual harassment are girls. The transient, temporary and seasonal nature of many of the employment opportunities, young age of employees, small difference in age between patrons and aquatic staff, and relatively low pay may at times foster unprofessional conduct. At the present time, the organizations that train aquatic professionals do not formally address sexual harassment in either swim instructor or life guarding education. Although the American Red Cross devotes a whole chapter in their instructor training manual to risk management, sexual harassment is never mentioned.

Many of the patrons at aquatic facilities are girls and young women. Possibly a representation by gender greater than in other areas of physical recreation. Thirty seven percent of girls 6 to 9 years old have already been sexually harassed (Palmer and Bass, 1994). Fifty percent of women surveyed on 36 college campuses by Yaffe (1995), reported that they had been harassed since age 14. Eighty five percent of all high school age girls have experienced sexual harassment (Bryant, 1993). One in three girls are sexually abused by age 18, and one in four by age 14 (Hopper, 1996). Sixteen to 24 year old women are four limes more likely to be assaulted than females of other ages (Koss, ef al. 1987).

Sexual harassment may occur as a result of misguided appreciation, misconception of others' behavior, a perceived threat, a need to get even, peer pressure, a need for control, or a desire for gratification from one in a vulnerable position or thought to be vulnerable. Sometimes it's simply a benign attempt to get attention.

The Problem

Aquatic personnel are at a potentially greater risk of being involved with sexual harassment than are teachers, coaches and administrators in other physical activities. Possibly unique to the aquatic environment is the early age at which the potential for harassment exists. Swim lessons can be initiated with infants, and age-group swim competition is nationally sanctioned and common for children as young as 8 years old. Aquatic personnel may be certified to teach or assist, and assigned to coach or lifeguard in their mid to late teenage years. The age difference and expected maturity usually encountered between students and teachers, or athletes and coaches, is oftentimes significantly diminished. This sometimes contributes to a more relaxed and informal atmosphere and may nurture unprofessional conduct.

A goal of aquatic activities is to be fun and enjoyable. Children and young adults spend many hours at aquatic facilities and develop strong friendships with the aquatic staff. In community aquatic facilities many long familial relationships have been nurtured. Recreational activities and pool parties, some where alcohol is available, create opportunities for social interaction in an informal setting not only among patrons but also among staff, and sometimes between patrons and staff. At times this relaxed climate carries over and may nurture unprofessional conduct of a sexual nature. In informal social settings it is also not uncommon for sexual advances to be initiated by a potential victim (target/survivor).

The aquatic physical environment itself naturally presents potential for harassment. Participation in aquatic activity requires disrobing and total nudity when changing and showering. Brief and revealing swim suits are the norm, and provocative attire sometimes a factor in selection. Coeducation, heterogeneous age grouping, gender performance equity and potential infatuation with youthful instructors, coaches and lifeguards is not unusual. The effect of cool temperatures on female breasts contribute to sensitive issues regarding sexuality, gender directed conduct and potential harassment.

The instructional setting may involve a teacher with a history of familiarity with his or her students. A teacher could possibly be only a few years senior, or junior in the case of adult swim lessons, than their students. It may involve young mothers (some single) who greatly appreciate the instructor of their infant and express this inappropriately or in ways interpreted to be inviting. The possibility of tutoring outside of class, individual lessons and the need or desire for certifications present the potential for barter. Swim lessons often require physical manipulation from the instructor during demonstrations and supervised practice. This physical touch between instructors and students, and between students and other students during drills, may present opportunities for inappropriate touch, or just the fear or excitement of anticipating such touch.

The competitive setting may again place coaches and athletes of relatively similar age together. It is not unusual to schedule morning or late-night practices when the facility can be monopolized for training. The aquatic area is often part of a large, and at these times under-supervised, multi-use facility. Many times workouts are staggered leaving athletes coming and going erratically. Transportation to and from these practices, as well as to meets, is often coeducational and accomplished in private vehicles. Sometimes the responsibility for driving rests with relatively older athletes or young coaches.

Competitive swimsuits are designed to combat friction. They are by rule small, tight-fitting, and of thin, clinging material. As they wear, they may even become almost transparent when wet. These suits can attract inappropriate attention or be perceived as tempting when worn by competitors whose body's have adapted to the rigors of training. Making the team, assignment to events and lanes, participation on relays, and registration, attendance and lodging arrangements are usually made by the coaches. These decisions always hold potential for barter. Perceived favoritism or disparate treatment may lead to the appearance of impropriety. Jealousy of one team member by another may escalate to harassment of a sexual nature. Victory celebrations and debriefings after losses or poor performance may also create emotionally-charged environments fraught with potential problems.

In the area of program management, the employment of instructors, guards, coaches and other staff, and assignment to duties and work schedules, salaries and promotion all have potential for barter. An awareness of and recognition that many students and potential athletes, as well as, instructors lifeguards and coaches were originally motivated to enter the aquatic field by the very climate which is permeated with the potential for sexual harassment, can provide enlightening insight into prevention.

Considering all the opportunities present in aquatic settings, and the rewards and benefits delegated in the instructional, competitive and managerial relationships, the appearance of impropriety will always exist. The possibility of spurned affection and infatuation may also contribute to rumor and false accusation.

Prevention and Treatment

The first step in the prevention of sexually harassing behavior is to establish a sexual harassment protocol and post a policy. The procedures must be discussed in staff meetings and made known to patrons. The policy should be strongly worded and comprehensive to serve the purpose of education and prevention. The policy can serve to educate members of the profession and potential targets (victims) alike. It can loosen the constraints on victims about reporting incidents and decrease the possibility that an offense will occur. This protects everyone. Typically one organization will adopt a policy from another service organization or school and tailor it to their own specific needs. A good policy explains what constitutes an offense and gives program specific examples (see figure 2). A senior (usually female) member of the staff should be designated and assigned the responsibility for harassment issues. Facilitating the protocol, hearing complaints, investigating instances of sexual harassment and training staff. Disposition of a formal complaint, however, must always involve the chief administrative officer and board of directors.

The next step in prevention involves personnel. It is imperative that all potential employees are thoroughly screened. That they provide references and letters of recommendation from those who are aware of both their professional competence and character. These references should always be contacted personally. It is also probably a good idea to avoid a history of familiarity with patrons whenever possible. This is often difficult in community recreation programs. To avoid this it may be wise to establish a symbiotic relationship with another nearby facility regarding employment. A sufficient number of chaperones and attendants need to be trained in their responsibilities and in place for all activities. Rules for professional attire should be established and enforced. This may mean required uniforms (suits) provided by the organization or made available for purchase. Gender-bound teaching should be utilized whenever possible. Supervised teaching and mentoring should be available for all new and continuing employees. It is also prudent to have some type of formal assessment of instructors by students and coaches by athletes.

Lastly, all instructors should practice informed consent. A statement such as, "throughout the course of swim lessons it may be necessary for me to touch you, for you to touch another student or have him or her touch you. This is done as part of the lesson to help you learn and to ensure your safety. If this makes you feel uncomfortable, please let me know privately so that I can make other arrangements".

It is imperative that anyone in a position of authority encountering an accusation of sexual harassment intervene quickly. They must objectively handle the initial report with sensitivity and determine the seriousness of the matter. Next, the protocol must be initiated and a written record of all communication and actions established. This must be done while maintaining confidentiality to avoid possible retaliation. If the accusations are believed false, the accused should be encouraged to keep a journal and avoid private contact with their antagonist. Someone else should be asked to observe, intervene and engage the person making the accusations. Judgment must await proof, but the protocol once initiated, must be followed to completion.

Sexual harassment is wrong. It is oftentimes the precursor to more violent abuse and assault of a sexual nature. Sexual harassment undermines the mission of sport and physical recreation and those who program and supervise physical activity. It may lead to criminal prosecution and civil litigation, not only for the offender, but for anyone who is complacent (aware that it is occurring but is negligent in reporting or acting on it). It can also be a source a great embarrassment for the community. On the other hand, a false accusation which is not investigated and ultimately officially refuted with proof, may unjustly destroy a reputation and permanently negatively influence a career.

It is imperative that sexual harassment be taken seriously by all aquatic personnel. It is also important to encourage your organization and certifying body to address it in the training of new professionals. Until this becomes universal, education on sexual harassment must be part of every local aquatic administrator and instructor trainers job.

Figure 1. Specific Acts of Sexual Harassment
Encountered in Aquatic Settings

Adapted from Sexual Harassment in Educational
Settings by Harper Consulting Group (1995).

Unwanted Sexual and Gender Directed Conduct

Seriousness proceeds from visual through the use of force

I. VISUAL      A. Ogling, leering or staring
               B. Posters, drawings
               C. Graphics
               D. Computer generated illustrations
                  and pictures
               E. Magazines and flyers
               F. Gestures
               G. Mooning
               H. Flashing
               I. Dress
               J. Tempting

II. VERBAL     A. Date or private meeting
                  requests
               B. Very personal questions
               C. Lewd comments
               D. Dirty sexual jokes
               E. Whistling
               F. Lewd song lyrics
               G. Poems
               H. Name calling
               I. Obscene phone calls
               J. Sexual rumors

III. WRITTEN   A. Love letters
               B. Obscene letters
               C. Cards and notes
               D. Labels

IV. TOUCHING   A. Violation of space
               B. Patting
               C. Rubbing
               D. Caressing
               E. Blocking of movement
               F. Kissing
               G. Groping
               H. Grabbing
               I. Hazing
               J. Top snapping or unfastening
               K. Wedgies

V. POWER       A. Retaliation
               B. Requests for sexual favors
               C. Requests for dates
               D. Favoritism or disparate treatment
               E. Bartering
               F. Hazing/initiation rituals

VI. THREATS    A. Quid pro quo
               B. Demands
               C. Certifications
               D. Hiring
               E. Assignment of duties
               F. Awards
               G. Rewards
               H. Promotions
               I. Participation
               J. Representation
               K. Scheduling

VII. FORCE     A. Abuse of a sexual nature
               B. Attempted or actual rape
               C. Assault
               D. Stripping
               E. Stalking
               F. Peeping

From the perspective of a reasonably prudent person:

               1) The less severe the conduct the more
                  frequently it must be repeated before it is
                  considered illegal.

               2) The more severe the conduct the less
                  frequently it needs to be repeated to be
                  considered illegal.

Relative to the applicable law:

               1) Offensive conduct may be illegal.
               2) Demands are illegal in all cases.
               3) Hostile environments are illegal if severe
                  and pervasive.
               4) Quid pro quo is illegal if acted upon of
                  repeated.

Figure 2. Models Sexual Harassment Policy

Adapted the Model Policy from Policies and Procedures on Sexual Harassment in Schools: A Guide for Administrators, provided by NOW Legal Defense & Education Fund.

(INSERT YOUR AQUATIC FACILITIES NAME)

SEXUAL HARASSMENT POLICY AND PROCEDURES

SEXUAL HARASSMENT IS ILLEGAL AND WILL NOT BE TOLERATED

(Your aquatic director's name) and our aquatic staff are committed to combating sexual harassment of both employees and patrons at this facility. To that end those who commit harassment will be severely punished both professionally and legally. We have adopted a zero-tolerance policy. Sexual harassment harms our organization, its' management, life guards, instructors, coaches and non aquatic staff. It harms our students, athletes, recreational swimmers and our community. Our professional staff has a right to be free from harassing behavior to do their job to the best of their ability. Our patrons have a right to learn, compete and recreate in a harassment free environment. We encourage our staff and patrons to report any harassing acts or behavior. We all share in the responsibility of establishing and maintaining a harassment-free facility.

SEXUAL HARASSMENT

Sexual harassment is the unwanted imposition of sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature in the context of unequal power. There are two legally recognized types of sexual harassment. The first is "quid pro quo" literally it means "in exchange for." This involves favors granted or withheld as a result of the willingness or refusal to submit to sexual demands. The second involves an environment perceived to be hostile. Professional or personal conduct pervasive enough to disturb an individual and interfere with his or her ability to perform or willingness to participate.

HOW TO FILE A COMPLAINT

Informally, if you are being sexually harassed you may inform the harasser that their conduct is "unwanted" and that if it continues you will file a complaint. If you believe you are being sexually harassed, observe an act of sexual harassment or are informed of an act of sexual harassment a formal complaint should be filed with (give the name, position, location and phone number of the individual charged with this responsibility, usually a female member of management). Include the following in the written complaint: 1) the individual(s) responsible; 2) the specific act; 3) the time and place of occurrence; and 4) any witnesses to the act. After initiating a complaint, do not confront the harasser personally. We are committed to maintaining confidentiality and protecting you against retaliation.

HOW SEXUAL HARASSMENT CLAIMS WILL BE INVESTIGATED

Your complaint will be investigated within 48 hours from notification. The investigator will interview you, the alleged harasser and any other pertinent individuals and witnesses, confidentially and in private. They will document the incident and advise all parties of their professional, personal and legal options. A written record of the incident, findings and actions will be issued to all parties. You will have the right to accept these findings or take additional action without prejudice.

PUNISHMENT FOR SEXUAL HARASSMENT

Punishment for sexual harassment will range from informal counseling and apology to suspension, dismissal and legal civil and criminal prosecution. The severity and frequency of the harassment will determine the extent of the punishment.

PREVENTION OF SEXUAL HARASSMENT

All professional staff has received a copy of this policy and the procedures were explained to them at the time they were employed. There is no excuse for sexually harassing conduct on their part. Personally you may discuss this policy and seek further explanation, interpretation, advice and direction from (name of person charged with responsibility for sexual harassment).

REVIEW OF SEXUAL HARASSMENT POLICY AND PROCEDURES

Our sexual harassment policy and procedures are discussed with anecdotal examples and sample scenarios at regular staff meetings. The policy and procedures are posted throughout the facility and copies are available to all patrons. All complaints are thoroughly investigated. If you would like to address this policy or procedures, or make recommendations to improve them, we welcome your input.

Sexual Harassment Defined

The Women's Sports Foundation for Women defines sexual harassment as the unwanted imposition of sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature in the context of a relationship of unequal power. This power may result from physical presence or threat, age, a position of authority or status. There are two legally-recognized types of sexual harassment and one unofficial, yet threatening and just as destructive one. The first is `quid pro quo,' literally it means "in exchange for." This involves benefits granted or withheld as a result of the willingness or refusal to submit to sexual demands. The second type involves an `environment perceived to be hostile.' Professional or personal conduct pervasive enough or severe enough to disturb an individual and interfere with his or her ability to perform or willingness to participate. The third is the `appearance of impropriety' (see figure 1).

C. Eric Gronbech received his doctorate from the University of Maryland and is currently professor and director of Undergraduate Physical Education at Chicago State University. He is a volunteer swimming instructor for the Chicago Chapter of the American Red Cross.

Lynn C. Meisner received her education at William Paterson University in New Jersey. She is presently a physical education instructor at Gwendolyn Brooks Junior High School in Harvey, Illinois. The husband/wife team spend Christmas and Easter at the ocean in New Smyra Beach, Florida and summers on the beaches of New Jersey and Long Island. Check out their article, "Sexual Harassment in Aquatic Settings" on page 60.