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

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William Kritsonis, School Law, Ch 10 Harasssment

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

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Title: William Kritsonis, School Law, Ch 10 Harasssment


1
Sexual Harassment of Students by School Employees
  • William Allan Kritsonis, PhD

2
Introduction
  • 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.

3
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.

4
Application of Title IX
  • Applies to all public and private schools.
  • Protects male and female students against sex
    discrimination.
  • Prohibits bullying by groups or individuals.
  • Gender-based harassment and/or sexual harassment
    constitute a hostile environment.
  • Assurance of compliance mandates.

5
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
    occurred?

6
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.

7
Welcomeness
  • Statements by any witness to the alleged
    incident.
  • Evidence about the relative credibility of the
    allegedly harassed student and the alleged
    harasser.
  • Evidence that the alleged harasser has been
    found to have harassed others.
  • Evidence of the allegedly harassed students
    reaction or behavior after the alleged
    harassment.
  • Evidence about whether the student claiming
    harassment filed a complaint or took action to
    protest the conduct immediately after the
    occurrence.
  • Other contemporaneous evidence.

8
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
    position.
  • 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.

9
Grievance Procedures
  • Schools and Universities are required by Title IX
    regulations to adopt and publish grievance
    procedures.
  • When students or parents file a complaint.
  • Schools should discuss confidentiality standards
    and concerns with the complainant initially.

10
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.

11
Conclusions
  • 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
    regulations.

12
Questions or Comments?
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