Student On Student Sexual Harassment Ppt
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Student On Student Sexual Harassment Ppt

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William Allan Kritsonis, PhD

William Allan Kritsonis, PhD
Public School Law - Graduate Studies

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Student On Student Sexual Harassment Ppt Student On Student Sexual Harassment Ppt Presentation Transcript

  • Student-on-Student Sexual Harassment William Allan Kritsonis, PhD
  • What is Student-on-Student Sexual Harassment?
    • Guidelines from the U.S. Department of Education’s Office for Civil Rights (OCR) makes a distinction between two types of sexual harassment.
  • (1) Quid Pro Quo Harassment
    • Literally means “this for that” harassment.
    • Where academic opportunities or benefits are linked with sexual conduct.
  • (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.
  • 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.
  • 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
  • Common Reasons for Sexual Harassment
    • Thought it was funny (59%)
    • It’s just part of school life/A lot of people do it/It’s 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%)
  • 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 provide…effective protection against those practices.”
  • 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.
  • 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 (6 th Cir. 2000)
    • Doe v. university of illinois (96-3511) 7 th Cir 1998)
  • 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 -5 th 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.
  • Eleventh Circuit Conclusion
    • Title IX does not provide schools notice of liability concerning actions of others.
    • But a school’s “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).
  • Doe v. University of Illinois
    • No. 96-3511 (March 3, 1998, 7 th 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.
  • 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.
  • 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.
  • Statistics Student-on-Student Sexual Harrassment
    • Survey of 2064 students 8 th -11 grade
    • 83% girls have been sexually harassed.
    • 78% of boys have been sexually harassed.
    • American Association of University Women 2002
  • 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
  • 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 woman’s 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