Sexual Harrassment Of Students
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Sexual Harrassment Of Students

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William Allan Kritsonis, PhD

William Allan Kritsonis, PhD
Public School Law - Graduate Studies

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Sexual Harrassment Of Students Sexual Harrassment Of Students Presentation Transcript

  • 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 school’s responsibility under Title IX and the Title IX regulations to address sexual harassment against students.
    • 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.
    • 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.
      • In assessing sexually harassing conduct, schools must consider the following:
      • Does the conduct deny or limit the student’s ability to participate or benefit from the program based on sex?
      • If so, does the nature of the school’s responsibility address that conduct of the harasser and the context in which the harassment occurred?
      • “ 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 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 student’s 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.
    • 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 school’s obligation to take immediate action on the case.
    • 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.
    • 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 regulations.
  •