Harrasment In School

Q: Just came back from a lengthy faculty meeting at high school regarding harrasment (sexual, ethnic, and otherwise). I was unaware of several legal issues which now are of more concern to me than maybe they should be. For the record, we had the meeting to reflect on a comprehensive change in our school's policy, not because of any sort of incident. Does the law distinguish between words uttered on stage in the name of art and words uttered off stage in anger or to abuse? Based on this idea that the intention of the speaker does not matter, I worry that, legally, it does not matter what we intend! Does anyone know where the law stands on all of this?

A: The situation R. Kevin describes is in the context of a school-based and -sanctioned group or performance. If I go to one of your shows and you make fun of my high squeaky voice, presumed sexual proclivities and monstrous facial complexion, that's showbiz. Do it during the course of a school-sponsored activity, though, and you've maligned me in front of my peers in a setting I'm required by law to attend (well, school, that is). Bit of a difference I think that your improv shows are safe. Maybe if you do a performance with your kids in front of the whole school it wouldn't be wise to make fun of a teacher or student(s) in some obscene slurring way. What it sounds like to me is protecting students from people who do not mean to be offensive but say offensive things anyway. It brings to my mind some of the stupid things my high school teachers said, that they

got away with at the time, and would not now get away with with this policy you are talking about. For example - My male biology teacher announcing to the class, "Well, I'm sorry girls, but boys are just better." (My response? I stood up and flipped him off and yelled, "Fuck you." The entire class was in an uproar for about five minutes afterwards, the boys cheering and goading, the girls outraged, offended, confused.) Unfortunately this guy was not joking. He did not mean to be offensive, he even apologized. For him it was a perfectly sensible and reasonable thing to say. Most of the things he said were just stupid, but occassionally just stupidly offensive.