William Kritsonis, School Law, Ch 10 Harasssment - PowerPoint PPT Presentation

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William Kritsonis, School Law, Ch 10 Harasssment


William Kritsonis, School Law, Ch 10 Harasssment – PowerPoint PPT presentation

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Title: William Kritsonis, School Law, Ch 10 Harasssment

Sexual Harassment of Students by School Employees
  • William Allan Kritsonis, PhD

  • Title IX of the Education Amendment of 1972 and
    The Department of Education implement regulations
    prohibiting sex discrimination.
  • The Supreme Court, Congress, and the Federal
    executive departments recognize sexual harassment
    of students.
  • The guidance focuses on a schools responsibility
    under Title IX and the Title IX regulations to
    address sexual harassment against students.

Sexual Harassment
  • Sexual harassment unwelcomed conduct of a
    sexual nature ie. Sexual advances, requests for
    sexual favors, verbal, non-verbal or physical
    contact of a sexual nature.
  • Note sexual harassment of a student can deny or
    limit on the basis of sex, the students ability
    to participate or receive benefits.

Application of Title IX
  • Applies to all public and private schools.
  • Protects male and female students against sex
  • Prohibits bullying by groups or individuals.
  • Gender-based harassment and/or sexual harassment
    constitute a hostile environment.
  • Assurance of compliance mandates.

Determining the Schools Responsibility
  • In assessing sexually harassing conduct, schools
    must consider the following
  • Does the conduct deny or limit the students
    ability to participate or benefit from the
    program based on sex?
  • If so, does the nature of the schools
    responsibility address that conduct of the
    harasser and the context in which the harassment

Two Types of Sexual Harassment
  • Quid Pro Quo harassment
  • Hostile environment
  • Note A hostile environment can occur even if
    the harassment is not targeted specifically at
    the individual complaintant.

  • Statements by any witness to the alleged
  • Evidence about the relative credibility of the
    allegedly harassed student and the alleged
  • Evidence that the alleged harasser has been
    found to have harassed others.
  • Evidence of the allegedly harassed students
    reaction or behavior after the alleged
  • Evidence about whether the student claiming
    harassment filed a complaint or took action to
    protest the conduct immediately after the
  • Other contemporaneous evidence.

Harassment by Teachers
  • Sexual harassment of a student by a teacher can
    be discrimination in violation of Title IX.
  • The employer (teacher) is in violation of Title
    IX when he/she inappropriately use their
  • The teacher or employer is also responsible for
    the ending and recurrence of the harassment.
  • Ultimately, it is the schools obligation to take
    immediate action on the case.

Grievance Procedures
  • Schools and Universities are required by Title IX
    regulations to adopt and publish grievance
  • When students or parents file a complaint.
  • Schools should discuss confidentiality standards
    and concerns with the complainant initially.

Due Process
  • Public school employees have certain due process
    rights under the United States Constitution. The
    Family Educational Rights and Privacy Action
    (FERPA) does not override federally protected due
    process rights.

  • Title IX was designed to protect students from
    sex discrimination.
  • In order to prevent or redress sexual misconduct
    on students by school employees, administrators
    must formulate, interpret, and apply Title IX

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