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Abstract
Purpose of the Study: Sexual harassment is a pervasive act that negatively affects students’ academic success, personal well-being, and institutional integrity in higher education institutions. According to the Office for Civil Rights at the U.S. Department of Education, sex-based harassment is unwelcome conduct of a sexual nature that is severe, persistent, or pervasive enough to negatively affect a student’s ability to fully participate in an educational program, or create a hostile, or abusive educational environment (OCR 1997). The National Human Rights Commission of The Gambia defines sexual harassment as “all sexual advances of any kind that take place without consent, including cases where either party is bribed or coerced into engaging in sexual behavior” (NHRC, 2020, p. 6). The presence of sexual harassment laws and policies is a key factor determining the prevalence of the act in different countries. This conceptual paper presents a comparative analysis of sexual harassment laws and policies in The Gambia and the United States with the intent of finding policy gaps that explain why sex related harassments are increasingly visible in The Gambia’s higher education institutions. According to the National Human Rights Commission of the Gambia’s 2020 advisory note on sexual harassment, the Gambia’s legal and policy frameworks are weak in defining, addressing, and eliminating the phenomena of sexual harassment through the country’s criminal justice system. Perhaps, this could be a starting point to the problems we face as a country, or it is just a confirmation of the existence of a bigger problem.
Theoretical Framework: The theoretical framework used in this conceptual paper to examine sexual harassment in higher education institutions draws from the Feminist Theory and the Socio-cultural Theory. The feminist theory focuses on power dynamics and gender inequalities, which creates powerful systems of oppression in institutions and workplaces. The sociocultural theory points to the fact that sexual harassment stems from deeply rooted societal norm and cultural values that tend to normalize sex-based harassment or discourage the culture of reporting and reprimanding perpetrators. By all indications, sexual harassment does not happen in environments that do not support or overlook oppression, discrimination, and gender-based violence. These theories will offer a deeper understanding of the root causes of sexual harassment in higher education institutions and why the menace is difficult to address as a phenomenon that stems from the society.
Methodology: This research will use a qualitative approach to examine the prevalence of sexual harassment in higher education institutions in The Gambia. The researcher will conduct semi-structured interviews with 25 students from two public higher education institutions (The University of The Gambia and The Gambia College) and one private higher education institution (International Open University) to explore participants’ personal experiences of sexual harassment in their respective institutions and how such unsolicited advances have affected their education. Participants will be selected through convenience sampling, giving everyone from diverse backgrounds a chance to participate in the study. The interviews will provide deeper insights into the pervasiveness of sexual harassment and how it can negatively impact victims’ academic performance and personal well-being both in and outside of school. The data will undergo thematic analysis using Nvivo to identify recurring themes and patterns in students' experiences.
Preliminary Findings: While the United States has established Title IX and Title VII to address sexual harassment in educational institutions, The Gambia lacks comprehensive enforcement mechanisms, exposing students- particularly female students- to exploitation and abuse. The study, drawing from literature, policy documents, and case examples, highlights gaps in The Gambia’s institutional policies, inadequate reporting mechanisms, and influence of social norms that normalize harassment and discourage reporting. These challenges are addressed in the United States through mandatory reporting and the creation of Title IX coordinators in educational institutions. Studies have suggested that the majority of sexual harassment victims are females, although male victims are also on the increase (U.S. Department of Education, 1995; IHRD, 2020; Wishnietsky, 1994; Rice, 1994). These research findings will highlight the existence of societal norms, systemic inequalities, and power structures that put women in vulnerable positions in our societies. Thus, the need for robust laws and policies as well as strong institutional leadership to combat sexual harassment in educational settings.
Recommendations: Although pervasive and prevalent in The Gambia’s higher education institutions, sexual harassment continues to be a neglected issue. The absence of comprehensive laws, policies, and initiatives that address unwanted sexual advances experienced by students in the educational environment gives way to a culture of normalized violation of students' rights. To foster a conducive learning environment where all students, particularly female students, explore their academic goals without falling prey to predatory faculty and staff, stakeholders need to implement policy reforms geared towards combatting sexual harassment. The study recommends policy reforms, institutional accountability, and community engagement in The Gambia to create safe and equitable learning environments for all higher education students to thrive free from the menace of sexual harassment.
Key Words: Sexual harassment, The Gambia, United States, higher education institutions, policy,