Research On Regulation Of Academic Sexual Harassment In Universities

In universities,sexual harassment by teachers who use academic power against students ’ will is constantly revealed.This kind of sexual harassment not only causes serious physical and mental harm to the students themselves,further affects their studies,but also reduces the evaluation of the universities where the incidents occur,and even reduces the evaluation of teachers at the social level.In the “《Civil Code of the People ’ s Republic of China》 ”(hereinafter referred to as “ 《Civil Code》 ”)promulgated in 2020,the constitutive requirements of sexual harassment infringement and the responsibility of universities in sexual harassment infringement are clearly stipulated.Academic sexual harassment has its particularity compared with other types of sexual harassment.The characteristics of unequal power between teachers and students and the characteristics that not only violates the general personality rights of victims but also violates their right to education determine that academic sexual harassment cases need more detailed provisions in judicial practice,that is,the judicial rules of academic sexual harassment infringement need to be refined.This paper summarizes the concept of sexual harassment and academic sexual harassment,sexual harassment clear boundaries;To sort out the cases of academic sexual harassment and foreign experience,to explore the characteristics of academic sexual harassment;Summarize the current regulation of sexual harassment laws and regulations,summarizes the difficulties and problems in the implementation of the law;In view of the reasons for the frequent occurrence of academic sexual harassment,the judicial adjudication rules of sexual harassment and the regulation of academic sexual harassment in universities suitable for China ’ s national conditions.The first part introduces the concepts of sexual harassment and academic sexual harassment in universities.This section mainly examines the meaning of sexual harassment in literature and dictionaries,and summarizes the concept of academic sexual harassment in colleges and universities by combining the academic sexual harassment events in real life and related literature.At the same time,it clarifies the differences between academic sexual harassment and the concepts of ’ university sexual harassment ’ and ’ campus sexual harassment ’,which lays a solid conceptual foundation for the later elaboration.The second part of the article through the collection of relevant cases,sorting out six typical incidents of academic sexual harassment,from which we can see the reality of academic sexual harassment in China.By analyzing these typical events,it can be seen that compared with other types of sexual harassment,academic sexual harassment in colleges and universities has the characteristics of academic and power,concealment and repeatability,and the multiplicity and severity of harmful consequences.The third part mainly investigates the situation of academic sexual harassment regulation and the difficulties of academic sexual harassment regulation in judicial practice.By listing the documents issued by the relevant laws and education departments,it can be seen that on the one hand,the educational part regards academic sexual harassment as a violation of teachers ’ ethics and explicitly prohibits it;on the other hand,the laws regulating sexual harassment in China are more general and need to be refined in judicial practice.Then discusses in the judicial practice,academic sexual harassment is difficult to enter the judicial process,sexual harassment is difficult to identify,sexual harassment is difficult to prove,sexual harassment victims ’ rights and interests protection is difficult.The fourth part of the article according to the causes of academic sexual harassment multiple targeted construction of academic sexual harassment regulation mechanism.Inside colleges and universities,it is necessary to establish institutions for reporting,receiving,investigating and dealing with sexual harassment in colleges and universities,strengthen the education and training of teachers and students against sexual harassment,and increase the protection of victims of sexual harassment.Externally,universities should clarify the boundaries of academic sexual harassment,improve the proof system of academic sexual harassment,and strengthen the judicial protection of victims of academic sexual harassment.Improving the governance of academic sexual harassment in judicial practice and clarifying and refining the responsibilities of colleges and universities in infringement cases of academic sexual harassment will force colleges and universities to take the initiative to improve the system of regulating academic sexual harassment and make the regulation of sexual harassment transform from ex post punishment to ex ante prevention.