Second-level students who sexually harass other pupils face expulsion under a code of practice which has been agreed by teachers and school managers.
The code says harassment by one pupil of another will be treated in the same way as sexual harassment by one teacher towards another. The code is to be incorporated into the discipline policies of all schools.
While pupils are included in the code, it clearly states that the purpose is not to cover "normal social interaction involving mutually acceptable behaviour".
The code applies to second-level schools, but the issue of sexual harassment is also to be raised with students in the context of sex education programmes such as Relationships and Sexuality Education, which is taught in primary schools.
The code defines sexual harassment in two ways. First, there is "non-verbal sexual harassment", which involves unwelcome use or display of sexually suggestive or pornographic pictures and calendars, or leering or offensive gestures.
"Verbal sexual harassment," says the code, involves unwelcome sexual advances, unwelcome pressure for social contact, sexually suggestive jokes, whistling, unwelcome sexually offensive remarks or innuendo of a sexual nature.
The code outlines clearly that a third category - physical sexual harassment - should be dealt with by the Gardai because it could involve criminal wrong doing.
The code says if possible harassment - among teachers or pupils - should be resolved informally in the first instance. Only if this is not possible should a formal procedure be invoked.
It provides for a school principal or some other staff member to investigate the complaint - subject to agreement from the teachers. This individual shall be responsible on behalf of management for investigating any complaint and recommending action.
This person has to investigate the complaint within three working days from the date of receiving a written complaint. This is done either by asking the accused for a written statement or by holding a meeting where he or she can answer the complaint.
Within seven working days, the investigator will return with a finding. If either side is unhappy with the finding, there is an appeals mechanism. People with experience in the area of equality legislation and practice will be appointed as appeals officers. If a teacher is found guilty of harassment he or she can be suspended or dismissed, but only following a disciplinary hearing where the teacher can be represented by his or her union. A pupil found guilty of sexually harassing another pupil can be accompanied by a parent or guardian during this hearing.
"The student shall be advised that in the event of a finding of sexual harassment made against him or her, disciplinary sanctions may ensue, up to and including expulsion."