Transcript
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The transcript opens with the conflict already in motion and then shifts into the formal school hearing. The panel explains the allegations, defines sexual harassment, and sets up the testimony process.
Jen I'm counting on you to rise above this personal grievance and see the bigger picture I am I
told my parents and they say this is sexual harassment you're not serious I complained to Richard and he did nothing I told miss Walsh ACK and she did nothing my mom said if you don't do something I cantake this to court one two three four my momma told school Russia cheated me
be late too
Oh
love somebody Oh
she
threeoh
youwhat's the matter you want to go in there and protest with your little girlfriend no sir we're gonna help you learn to stayin at attention you're pulling flag duty what Google's right there and guard the flag yes sir
attention
yeah
is gonna carry Oh
hello mr.Gaines hi rich it's a nice jacket hey shirt stuff yeah are you doing good now we were in Little League together hey Mesa fine I guess if I wasn't heremr.Gaines um do we really have to go through with this I mean she knew it was just guys having fun then all of a sudden she can't handle it the paper and she starts to take it out onme
have a seat please hi guy oh
hi I didn't eat sorry I'm late I had to lock up since uh we're not getting an issue out it's the first time in ten years for this newspaper I'm well aware of that well we're all here studentofficers witnesses Jenn I'm gonna go through with thisyes
so listen people this hearing is informal we are not in court and let's hope it stays that way but we are very mindful of our schools good reputation we're very proud our schools newspaper which has won many awardsand trophies under the guidance of Richard here at the same time we are well aware of what's at stake when a promising young man is accused of something which if true could cause him to be removed as thenewspapers editor and may be suspended we got trying to find out what happened here and I've asked the papers faculty advisor to observe are your parents coming gin I asked him not you I can handle this Richard areyour parents coming like I want them to hear this very well okay all of you if you want to say something don't worry about what you think we want to hear just come out and say it okay okay
this this whole hearing is wrong if you had a problem you should have handled it yourself I tried well obviously not hard enough when you went complaining to the principal did you even think how hard that makes itfor the rest of us you know plenty of girls are trying to get along yeah right Lisa everybody else should just roll over and shut up as long as you got yours Lisa Bobby say the debate for thecase all right young people the question here is did Richard sexually harassed Jen oh come on you think he bagged her under a desk trying to picture that no one is claiming that Richard raped her what doesn't settleI'm out of here Nick Mick sit down sit down please sexual harassment does not necessarily include rape there are two types the first type is quid pro quo now that means when a supervisor or superior demands sexual considerations
for job advancement benefits say what the boss says he'll promote her she goes to bed with him oh right that's one definition the other is hostile environment that means that the work conditions are offensive and the offensive wassexual reasons now that does not apply necessarily to a high school newspaper but give us a way of thinking about what allegedly happened in this instance okay and with that I will now turn these proceedings over to your
Jen begins describing how the controversy started at the newspaper and how her article about gender bias led to tension with Richard. The hearing probes the cartoon, her appearance, and whether Richard's behavior was inappropriate.
president for okay guys now everyone has agreed to go along with whatever the officers decide right rich sure Jen okay okay you're on the way it all started well it was a pretty normal afternoon with the paper meyou cover the homecoming game I got it oh good that's they tell me okay so does he get to cover the homecoming queen since we all know that's gonna be nobody's covering at homecoming queen that may be meI'm telling you buddy I miss Donna major opportunities I feel babe contests now we can on the sucker so what do you like blondes brunettes redheads well yeah oh yeah how about this week's filler on Alexis huh hunterwoods yeah all right all right what'll be plenty of them leftoffices credit forso it was your choice to write the article that got all that started well yes I had I had a friend in OPC and I went to see her
finally got an assignment so oh good for you interviewing the new OPC drill leader I didn't get it Jen but I thought yeah I was next in line he looked so hard why I know why know what tosome guy who wasn't even in his loan yeah I don't care what they do they're not gonna push me out are you saying go and I'm not gonna be like my mom sewing on some lousy machine at Franklin'snow the car is gonna get me a scholarship to college and nobody's gonna make me quick hey can't you didn't do anything wrong sure did worst thing I could have done what I was born a girl I wrotean article after that I remember it Richard do you have a copy no I keep everything it was the one about how gender bias keeps girls down in the core yeah you know a girl who can lift a
50 caliber machine gun neither can he I have no intention of hanging off the subject okay so this Gloria the soldier she put you up to it no I even left out her name I just wrote how someof the girls were treated unfairly well that was your interpretation I mean you don't really know why she was passed over for promotion anybody would have seen it that way I wouldn't well I just thought it's great tosee a woman's point of view for a change yeah I agree that's why I ran the article as an editorial so remember that now it spun some wheels didn't it yeah and I greased him let us do theeditor are great for circulation it's got a lot of attention not the kind I wanted not this
had to guess about the bra if you want you can show me how it's supposed to look oh it's kind of embarrassing forget about it
well tried to laugh it off I really did you know be a team player I tell you I wish I could get someone to sexually harass me been trying for years no one will do it see that's theproblem she can't take a joke Richard did you mean the cartoon in any kind of sexual way how anybody can see it's a political statement I mean you know the women's movement I can see that see what thereference to the 1970s women's liberation movement in which bra burning was a symbolic gesture indicating freedom from elastic come on come on actually that cartoon was kind of a compliment I mean Jen took an activist stand on awoman's issue are you part of some activist woman's organization that has nothing to do with whether she was harassed if she was offended by the cartoon he had no right to print it wait a sec I want to
know will you put up to this by some outside agitators you know women who hate men trying to prove a point what are you talking about no Jen let me ask you something do you like boys oh manthis guy's killing me she likes boys all right there was this boy in sixth grade she used to call all the time till his mother told her to stop what this is about mr.Gaines can I have a five-minute break we just got started please there's someone I have to get for the case not allow it Jess : let's be that kid from sixth grade
oh yeah please you're just look at methings are going really bad in there they're laughing at me you're the only one that saw look it'll only take a minute you've got to tell doodoo I don't got to do anything for you you already used mewants to put yourself ahead I never met I don't care look you knew OPC was my only shot at college and you nearly got a torch for me with that article that now you have the nerve to askme to go in or maybe get busted again just to bail you out Ithought we were friends you decided if we were friends back when you did that article and we're not I was trying to be a friend I mean whose idea was it to take her onto the paper anyway who'syours you call the shots actually needed girls uh the paper needed gore reporters uh more of them what we had one before a reporters who happen to be female we did it Andy yeah don't worry about us taking
your sexist so you you recruited Jen why because I believe in equal opportunity for everybody and Jen knew that I mean I was the one she came to when Gloria got upset about the article see I was tryingto help her with her work I was being nice Richard yeah I know glory would be so upset by this I wouldn't know don't let it bother you you gotta have guts to be in this business that's notwhat you said what What did he say What did he say you said tell him what you really said I just didhe said you gotta be ballsy would you repeat that please he said you gotta be ballsy that's the point isn't it if a person doesn't have male organs they can't be in the business oh come on if you'regonna have a guy up on charges of saying that you'll have to suspend every guy in school what are you gonna do police the halls for dirty words this is supposed to be a free country say anything you
want freedom of speech doesn't mean the right to say anything you want but we're not debating the Constitution here now what we have to figure out is where's the line between freedom of expression and sexual harassment look ifI use the word that was inadvisable I'm sorry I mean I didn't know she'd be offended but that's not sexual harassment guys just talk that way yeah don't hide behind boys will be boys it's harassment if she feltharassed did you well it wasn't so much the word that was the problem you mean you went along with him using that word why I don't know I guess I just wasn't thinking about it at the time that'sbecause you've been brainwashed into accepting it I'm not brainwashed then why didn't you say something you could have put a stop to it right there let me finish the problem is what happened next he was asking me to
do something I didn't want to do ever hear of the phrase use what you've got to get what you want yeah so what you're hot right now after that OPC bit why don't we use it we'll set upanother controversy okay you just stand outside the door to the football locker room That's not me Richard oh well it can be but you know if you're gonna be the first girl reporter in the guys locker room youcan have to loosen up a bit what do you mean well I mean do a little I'll show you mine if you show me yours you know wear something sexy I just want you to put out I don'tknow how to react in a way it seemed like he was coming on to me oh please well I knew he didn't mean it so it was like he was teasing me I don't do that I mean I
don't need to do that this whole mess is nothing but stuff you miss interpreter because you didn't understand I tell all my reporters to put out right Vinnie uh put out articles nothing else oh yeah right come onwe all know what put out means you are manipulating her yeah I have an important question go ahead mm-hmm what were you wearing that day I don't know what a skirt long skirt short like everybody it was shorthow short of your knees what 3/4 inches she told you it was nothing special what do you want excuse me but for the record I don't know who you're trying to kid that little covered up number you're wearingtoday everybody here knows what's in your closet just for the record thank you did you have on makeup yeah lipstick so well what kind of lipstick the kind I have what kind
The questioning turns more aggressive as the panel debates whether Jen invited the attention or misread ordinary behavior. Jen explains how the locker room assignment and Richard's comments made her uncomfortable and affected her work.
papaya passion papaya passion it's just a name and maybe some mascara were you wearing perfume and it out all that's irrelevant is not she was asking for it asking for it what are we supposed to do come toschool in the potato sack because you can't control your hormones can you at least admit sometimes you guys girls make what girls I'm sorry sometimes you girls aren't ready to deliver what you're advertising yeah see I think weneed to get the whole picture on this Jen yeah maybe I was wearing a little proof you so do most of the girls most of the girls aren't charging sexual harassment you're the one who asked for this hearingthe deal with what Richard did well what about you Jen what did you do you thought he was making advances so what did you do about it I know what to do so I talked to Lucy Oh
too cool we have to get her I will go ahead what's with you today you know oh thatdo you really think he was coming on well so what if he was well what am I supposed to do about that enjoy it I would I know even he's cute he's not interested in me he's going withthat Stephanie wait a minute Lucy did you actually hear Jen say that catch a Richard was cute do you find Richard attractive of course she finds him attractive why do you think he's the head of the newspaper heyyou know you're putting her in a corner if she says no she's a liar if she says yes you're gonna nail her this isn't about whether Jen finds Richard attractive do you find Jan attractive um excuse me nooffense can anyone tell me why Richard would go after this when he's already got that I'll listen up all of you my relationship with Stephanie is intact and has been for over a year don't I know it you
know Richard has a lot to lose besides the paper she makes a case of sexual harassment stick he can kiss his college chances goodbye what about my chances I'm trying to get somewhere too and I'm the one thatgot messed over I didn't want this no you wanted Richard didn't you and you just couldn't have him so now you're out to destroy him yeah that's what I think yeah a little bit of fatal attraction a womanscorned huh is that it no well you admitted you were wearing a short skirt perfume mascara lipstick papaya passion and you think he's cute I'm gonna what you get bent out of shape when he comes on give mea break look I even stopped wearing short skirts after that I didn't ask for this are you sure you think about it don't you think it's possible that maybe you were the one harassing Richard
honnestly all I ever wanted was for it to stop I wish I could have just dropped it but things just kept getting worse all by themselves huh if you allowed yourself to be a victim if you didn't doa thing did something the next day I told him straight out I didn't want to do the locker room interviews yeah I heard her said hey I pinched it so Richard said a jock in the locker room isn'tnews she is interesting that's all I had a game to go to that's not all after Vinny left I told Richard you know I felt funny about him asking me to wear something sexy oh I bet he reallywent for that what's that supposed to mean a guy like him isn't gonna let you get away with disagreeing look at him it's a power thing he has to win now put a sock in it Bobby that's the
best you can do that's your intelligent argument hey come on cut it both of you Jen what were you saying she's right he always had to win he pressured me to do the article believe me I didn't needher talents enough to pressure her into doing anything no way to find pressure he said let's talk in my office privately I just want you to relax a little okay you're gonna do just fine now all you haveto do is go in there and talk a little with the boys no it's okay now was that so difficult come on let's spread it a bit I don't need to do this to get a good story
what terrible guys at that time of the month Oh what's the difference between a terrorist and a female at that time of month huh you can negotiate with a terrorist
um well were you oh don't answer that this guy no no no no no this is relevant if she was undergoing hormonal imbalance hormones are we talking about oh no all I am saying is it might have affectedher judgment she might have been baiting him come on it's a normal female function she wasn't in heat that's why woman can't be President hit her on the wrong day and Kapow there goes get over it believe makessense to me the question stands you're crazy you expect her to tie if she's on her period what are you saying it's okay you can take your clothes off I'm the doctor this is really getting rude do Ihave to answer that no you don't Jen the question is in appropriate this hearing is not an excuse to invade the privacy of Jen or anyone else so please confine your questions to what was said or done in
this case okay people okay thank you Jen did you ever tell Richard not to touch you know the way she felt was obvious but you never actually told him I shouldn't have to you don't go around touching peoplelook I never touched her yeah but I mean catch it it just kind of sounds like you Ted I mean what about this whole sweatshirts nothing I mean I might have done something like maybe I do too alittle sister but it's not like I tried to kiss her or anything would you unzip Vinny's sweatshirt I'd knock him into next week that's the point right you do something they stop it's not that easy hey if henever really touched her what's the big deal Bobby's saying that guys and girls aren't treated the same oh now we're supposed to be the same hey Vinny you want to go to the dance with me you gonna wear
the dress for real okay is it sexual harassment just because guys and girls are treated differently of course we're treated differently we are different we do just she wasn't fine yeah you didn't give me any assignments after thatOh your work was no good we that's why you weren't getting any of the bylines and now you're looking for an excuse you're twisting around what I said what do you think she's twisting like like that like thatlet's put it to bed thing I mean she makes it sound like sleaze it happens to be one of the oldest expressions in journalism it means getting the copy ready for printing I was trying to get her tofinish her work okay maybe my work wasn't so great after that and I couldn't finish on time but it was because I was too upset the whole thing was making me sick
Jen says the situation became unbearable and explains that she tried to quit and report the problem. The hearing then moves to the photo incident, which Jen says was the final humiliation that pushed her to act.
you're really blowing it how do you think I know that
I have to quit the paper
what did I do
I just wanted outsergeant am i relieved
you are not private you'll maintain this post until 1700 hours what why you will guard this flagpole today and every day until you get it get what who's in charge around here
if that newspaper wasn't a hostile environment I don't know what is she's telling us it was so bad she was about to quit if it was that bad why didn't you well I I went to resign
so
what's up I can't take it anymore miss Rorschach so don't quit you think any of them are gonna care you don't even care I do so care really about what can't you hear them I can't do my workthey make fun of me all the time they make fun of weakness like animals attacking the runt of the litter you're defending them I'm coming to you for help and all you can do is take their side Justinthey're the ones that you talk to and care about I mean can't you see what you're doing I'm doing you a favor I'm telling you the way it is look these are from the real world Jen what doyou suppose it's like out there huh don't think for one moment that this was ever easy for me it was never easy never it's wrong it's like there's some kind of boys club out there well good morning to
you of course it's a boys club what did you think I thought things are supposed to be fair Ritchie talks about being fair all the time yeah they all do my dear but you'll have it easy compared towhat I went through I promise you see this one I really like this one I was the first and only woman here Jen my generation cleared the brush for you and you come in here crying and complaining becauseyou get a few scratches walking through well isn't that too bad well what am I supposed to do take it I asked you what you cared about what hmm your delicate little sensitivities or you want to be somethingyou want to be something take the tough classes do the work and make it I wanted to work on the paper I did so do it and I don't care more about the boys it's just that they they
push they make me notice them Jan we have to be even stronger
nonetheless I will speak with Richard Thank You Jen grow up I
did tell Richard the Jen was feeling sexually harassed well uh that wasn't the particularly term I used but I told him he needed to be more careful careful doesn't watch out you don't get caught to provide equal accessI told him to assign Janice subject that was gender-neutral well that's good hmm he was a little bit uh surprised editors usually make their own assignments uh excuse me miss war Shack but I was there and Richard wasn'tjust a little surprised he lost it big time no kidding I mean the next time I went to the paper he was really on my case just totally bogus of course I resented being pressured I was in chargeof that paper come on Paul you've known me since third grade right I mean that's the way I am long as I've known you you've been a real take-charge kind of guy right and all of a sudden this
is this nightmare I mean I can't even believe this is happening Here I am trying to get ready for college interviews and I can't sleep at night and for what for these smears basically what all this comes downto is who do you believe do you believe me or do you believe her now you know me I mean you know what I've done for the school you know what I stand for I don't care who youare I don't care if your justice on the Supreme Court I don't know what happened in that room this isn't about whether the boys club believes a member over an outsider this is about what you did to Jennwhat Richard is alleged to have done Jen why do you expect people to believe your word against his I don't know I just wanted to try
so this wouldn't happen to anybody else so what wouldn't happen
this
it's a picture of me undressing for swimming class
my senior Jenna
if whoever did that is in this room I want him to know I think it's a stupid immature and adolescent as it gets and I wouldn't stand for it so what did you do that's why I went tothe principal and that brings us to this hearing Jen I'm sorry I'll need that photograph I told you we might have to use it I don't really have to show this can't you guys understand from what I said
The panel hears more testimony, including a witness who claims to have seen Richard touching Jen's shirt. The discussion shifts to proof, the photo, and whether the paper's environment itself was hostile.
I am I know I said that a woman who gets harassed is asking for it butnobody asks for this
thanks babe but I've seen it already this isn't right women are supposed to be treated with respect you look up to them like a mother you know dump the pedestal Vinnie what are we gonna do standing up ona rock and even playing fields all anybody's asking for same as the guys you want same as the guys you know how we talked the guys the way you don't like so if you want to stay in thelocker room don't complain about how it stinks I don't wanna be one of the guys I'm a girl that's obvious I believe it's my turn now hey you didn't see it already I heard about it oh my
you know Jen the way you're standing you can't really see that much he stripped me in front of the entire school can anybody in here understand that doesn't anybody in here know how that feels I did not takethat picture always have the camera at the newspapers the ones with the silencer so that no one can hear the shutter and isn't that some snapshot this is the same quality used at the newspaper and you could haveeasily had those guys do it lots of people have 35-millimeter cameras anybody could have taken it put it down Richard did you have anything to do with taking that photo no do you know who did no I don'twell somebody took that picture and put dozens of copies around the school who else was motivated I wasn't motivated Yeah right well who else had the equipment how would I know yeah I didn't exactly think you tell all
you agreed to shut up so we couldn't get it him right can't you see what's happening here Jen was violated by the attitude that he allowed at that paper and if we let him off the hook about thispicture she'll be violated again at this hearing
Andy if any you two know anything uh-oh no way I was gonna pass around a picture she would certainly have a lot more AB shut up wait a minute what about her she could have gotten blockers easily don'tbe ridiculous why would I Jen do you have any proof that can link Richard to that picture no do you have any witnesses to the personal incidents you mentionedthere's
never any proof is there
very
hi oh now she's bringing in the truth somebody called the Fashion Police I have something to say come in come closer you're the one Jen wrote about yeah but that's not why I'm here I have to tell youwhat I saw see I was there the day he touched her what yeah I went to the newspaper room looking for Jim this is after the article came out yeah see we had a fight and I was prettymad but I wanted to talk to her and maybe make up so I walk in there and there he is undoing the top of her shirt and he didn't say anything I didn't know yeah I thought that maybeshe liked him and the article was for him in the first place he thought I sold you out for him yeah
I'm sorry okay
but I'm here now thank you well here's your proof of what she's got a major axe to grind because she's not cutting it with the boys an OPC I know what I saw what exactly did you see heput his hands on the collar well Richard already admitted he touched the collar of her sweatshirt zipper okay zipper you don't need to make it sound so symbolic Bobby so you have proof he saw your collar bone gotell mama please you know I'm sitting here listening to you girls go at each other and I'm thinking hey when you chicks finally get your act together no let me know because if you can't agree on what youwant don't expect me to do it for you you don't get it do you you haven't heard a word we say and we do without the chitlin ladies please thank you I think we have covered the essential facts
here in this case what is needed now is a reasoned decision the legal interpretation of sexual harassment under Title 7 the 1964 Civil Rights Act and I'm summarizing everybody when conduct has the effect of substantially interfering with anindividual's work performance or when there is created a work atmosphere that is intimidating it is hostile or offensive guilty I heard that Bobby and I warn you and I warn all of you Richard is innocent until proven guilty
The panel reaches its decision, finding Richard not guilty while acknowledging the paper may have been a hostile environment. The hearing closes with a warning to Richard and a brief aftermath showing apologies and changed attitudes.
and you each have a responsibility to allow him every benefit of the doubt do you understand you must be absolutely sure now I dismiss the witnesses officers please remain when you acted I'd see it was great it waslike d-day ohno way can't believe that you're Barbara Starr
clock with the Marines oh yeah whatever if they didn't notice I went AWOL who then all right you want to really come on up take Jetson
come on in people here we go come on
we came here today to decide if Jen was sexually harassed the picture proves that she was but there's no absolute proof that Richard had anything to do with it we voted by secret ballot to decide what to do
majority decision of the panel is Richard is not guilty of sexual harassment yes and wait wait wait wait a minute wait a minute there's more there see what we talked about everything that we heard and we we agreedmost of us that as for whether a hostile environment existed at the paper yeah it probably didso think about that
at least they believed you this hearing is closed thank you you may go
Richard please stay you need know Thank You Danny Steph that's fine good night
I think we both know what happened here and son I'm going to be watching you do you understand
right you may go
in a way it's okay didn't win I mean you did it that's the name thing yeah we don't stand up we'll keep getting stepped on
hi I just want to say that um I've been thinking you know and I laughed at some things like the other guys but hey if you didn't think jokes are funny holy war okay okay I figure those thingsmade a feel bad they weren't right so I'm sorry thanks Vinnie
he's so sweet did you see how you looked at me I don't know Lucy I don't think things will ever be the same again maybe they shouldn't be
the cold
a lady
that good boy to come and carry me away