William Kritsonis, School Law, Ch 10 Student Harassment - PowerPoint PPT Presentation

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William Kritsonis, School Law, Ch 10 Student Harassment

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William Kritsonis, School Law, Ch 10 Student Harassment – PowerPoint PPT presentation

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Why and how: Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”

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Title: William Kritsonis, School Law, Ch 10 Student Harassment


1
Student-on-Student Sexual Harassment
  • William Allan Kritsonis, PhD

2
What is Student-on-Student Sexual Harassment?
  • Guidelines from the U.S. Department of
    Educations Office for Civil Rights (OCR) makes a
    distinction between two types of sexual
    harassment.

3
(1) Quid Pro Quo Harassment
  • Literally means this for that harassment.
  • Where academic opportunities or benefits are
    linked with sexual conduct.

4
(2) Hostile Environment Harassment
  • Harassment where unwelcome conduct of a sexual
    nature is considered so severe, pervasive and
    offensive that it deprives the victim of access
    to educational opportunities or benefits.

5
Determining Whether or Not a Hostile Environment
Exists
  • Circumstances to consider might be
  • Type of Frequency
  • Duration of the Conduct
  • Number of individuals involved
  • Ages and gender of the alleged harassers and
    victims
  • Size of school
  • Locations of the incidents
  • Context in which they occurred.

6
What constitutes conduct of sexual nature?
  • Sexual advances
  • Sexual touching
  • Sexual graffiti
  • Explicit drawings, pictures
  • Sexual gestures
  • Sexual or dirty jokes
  • Spreading rumors about other students as to
    sexual activity

7
Common Reasons for Sexual Harassment
  • Thought it was funny (59)
  • Its just part of school life/A lot of people do
    it/Its no big deal (30)
  • I thought the person liked it (32)
  • I wanted a date with the person (17)
  • I wanted something from that person (20)
  • I wanted the person to think I had some sort of
    power over them(10)

8
Title IX of Education Amendments of 1972
  • No education program or activity receiving
    federal financial assistance may exclude, deny
    benefits to or discriminate against any person on
    the basis of sex(20 U.S.C. Sec 1681.a.).
  • The purpose of the statute is to prevent
    Discriminatory practices in education and to
    provideeffective protection against those
    practices.

9
What schools and activities are covered by Title
IX?
  • Title IX applies to all public and private
    educational institutions receiving federal aid,
    including elementary, secondary, and post
    secondary schools.
  • This means that all public schools and many
    private schools are covered.
  • Title IX applies to all school-sponsored
    activities, including athletics, field trips,
    extracurricular programs, and bus transportation.

10
Landmark Cases
  • Davis v. Monroe County Board of
  • Education (526 U.S. 629 (1999)
  • Vance v. Spencer county Public School District
    231 F. 3d 253 (6th Cir. 2000)
  • Doe v. university of illinois (96-3511) 7th Cir
    1998)

11
Davis v. Monroe County Board of Education (119
S.Ct. 1661)
  • 1999 Supreme Court extended the liability of
    Title IX to include student-on-student sexual
    harassment.
  • LaShonda Davis -5th grade student
  • reported to her mother and teacher that a male
    classmate made vulgar comments and tried to touch
    her genital area and her breasts on repeated
    occasions.

12
Eleventh Circuit Conclusion
  • Title IX does not provide schools notice of
    liability concerning actions of others.
  • But a schools deliberate indifference to known
    acts of harassment is itself misconduct
    prohibited by Title IX which can trigger a
    private damage action by the plaintiff (Davis,
    1999, p. 1671).

13
Doe v. University of Illinois
  • No. 96-3511 (March 3, 1998, 7th Circuit)
  • Ruled that liability for student-on-student
    harassment will attach to a school district to
    take prompt appropriate action in response to
    such harassment that takes place when students
    are involved in school activities or otherwise
    under the supervision of employees.

14
Evidence When Administrative Have Knowledge
  • The school prinicipal was made aware of behavior.
  • Repeated complaints, boy was not disciplined
  • His offensive comments and actions continued.
  • It escalated in severity.
  • Boy charged for misconduct and guilty to sexual
    battery.

15
Sexual Harrassment
  • Common at every stage of education.
  • Verbal and physical harassment begins in
  • Elementary.
  • 4 out of 5 children experience some form of
    sexual harassment.
  • 6 out 10 will experience some form of physical
    sexual harassment.

16
Statistics Student-on-Student Sexual
Harrassment
  • Survey of 2064 students 8th-11 grade
  • 83 girls have been sexually harassed.
  • 78 of boys have been sexually harassed.
  • American Association of University Women 2002

17
Teacher Staff Education
  • Communicate, communicate, communicate with staff
    and students about harassment.
  • Be observant l Let them know their obligation
    and responsibility to respond promptly to all
    complaints on student-on-student sexual
    harassment.
  • Offer in service workshops

18
References
  • Cawley, T. J., Hunton Williams (1997). Legal
    issue surrounding peer sexual harassment. VSBA
    School law conference. Charlottesville, Virginia.
  • Faber, J. (1992). Expanding Title IX of the
    education amendments of 1972 to prohibit student
    to student sexual harassment. UCLA womans law
    journal. Retrieved April 9, 2008
    http//caselaw.lp.findlaw.com
  • Garrett, F. B. (1999). Student-on-student
    sexual harassment. Find law for legal
    professionals. Retrieved April 9, 2008.
    http//library.findlaw.com
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