Aug. 6, 2024 -- The Renmin University of China has been praised for swiftly handling a sexual harassment case involving a female PhD candidate and her supervisor. Beyond immediate actions, there exist underlying issues deserving attention. And it is imperative to establish additional lawful channels for victims to address and resolve these complex instances of harassment effectively.
First, why did the victim choose to go public?
The PhD candidate bravely reported her supervisor's misconduct using her real name (surname Wang), and ID card. Taking such a step required immense courage, given the pressure the victim faced. Instead of filing an internal complaint, she chose to go public through the media, suggesting that the university may lack a competent body to handle sexual harassment cases.
Even if universities and other institutions have competent bodies to handle sexual harassment complaints, they should make more efforts to win the trust of victims. The insufficient trust indicates a significant gap in such kind of support system for harassment victims.
Going public is not the recommended route for resolving such issues and getting justice, as it extracts unpredictable and painful costs on the victims and the institutions involved. Plus, public exposure can cause irreversible damage to the victim's personal and professional life, and put the reputation of the university or institution at risk. In rare, extreme cases, a single incident can severely damage public confidence and create misconceptions about the entire sector. Therefore, a trusted internal mechanism is essential to mitigate these risks, offering a safer and more controlled environment for addressing such sensitive issues.
Second, why hasn't prevention of sexual harassment been made a priority?
The university's statement, "Zero tolerance, immediate action on each case", appears firm and decisive. The punishment meted out to the perpetrator within 24 hours provided some comfort for the victim and garnered praise. But this reactive approach could contribute to the recurrence of such incidents. Successful anti-harassment strategies worldwide emphasize prevention over cure.
Instead of focusing on crisis management, universities should establish robust mechanisms to prevent sexual harassment. A dedicated body should be formed to devise a well-defined anti-sexual harassment policy, and ensure that everyone at the university is aware of what to do in case of sexual harassment, understands the complaint process, and knows the measures to be taken to prevent secondary harm, including confidentiality and anti-retaliation provisions. The publicizing of the consequences (including punishment) of sexually harassing someone can deter potential offenders, which is the primary goal of a comprehensive prevention mechanism.
Educational institutions should organize regular training programs and awareness campaigns to enable victims to more easily report sexual harassment cases without fear of reprisal. By strengthening the management and fostering an atmosphere of respect, universities can help curb sexual harassment.
And third, why is the case classified as a "teacher's ethical misconduct"?
The university classified sexual harassment as a "teacher's ethical misconduct", adhering to the Ministry of Education's 2014 guidelines on teachers' ethics, which include "sexual harassment of students or improper relationships with students". Administrators, meantime, should take note of their legal obligations:
Article 1010(2) of the Civil Code, which came into effect on Jan 1, 2021, mandates that institutions, including government agencies, enterprises and schools, shall take reasonable measures to prevent sexual harassment, handle complaints, investigate and address sexual harassment cases involving the abuse of power or subordinate relationships.
And Article 24(2) of the Law on the Protection of Rights and Interests of Women, which came into effect on Jan 1, 2023, says schools shall establish effective systems to prevent and handle sexual harassment and assault cases.
Both laws use the term "shall", indicating the requirements are mandatory rather than optional. Universities can't claim to be ethical if they fail to fulfill their legal obligations, which could result in lawsuits and shared liability.
Therefore, the education authorities should issue a directive requiring universities to establish comprehensive anti-sexual harassment mechanisms, replacing the current guidelines that treat sexual harassment as an ethical issue. This directive will likely spur widespread adoption of anti-sexual harassment policies across universities, creating a safer and more respectful academic environment.
The author is a retired professor at the School of Law, China Women's University; and a lawyer with the Dao Rong Law Firm in Beijing. The views don't necessarily reflect those of China Daily.
