Student-on-Student  Sexual Harassment  William Allan Kritsonis, PhD
What is Student-on-Student Sexual Harassment? <ul><li>Guidelines from the U.S. Department of Education’s Office for Civil ...
(1) Quid Pro Quo Harassment <ul><li>Literally means “this for that” harassment. </li></ul><ul><li>Where academic opportuni...
(2) Hostile Environment Harassment   <ul><li>Harassment where unwelcome conduct of a sexual nature is considered so severe...
Determining Whether or Not a Hostile Environment Exists <ul><li>Circumstances to consider might be: </li></ul><ul><ul><li>...
What constitutes  “conduct of sexual nature?”  <ul><li>Sexual advances </li></ul><ul><li>Sexual touching </li></ul><ul><li...
Common Reasons for Sexual Harassment <ul><li>Thought it was funny (59%) </li></ul><ul><li>It’s just part of school life/A ...
Title IX of Education Amendments of 1972  <ul><li>No education program or activity receiving federal financial assistance ...
What schools and activities are covered by Title IX? <ul><li>Title IX applies to all public and private educational instit...
Landmark Cases <ul><li>Davis v. Monroe County Board of </li></ul><ul><li>Education (526 U.S. 629 (1999) </li></ul><ul><li>...
Davis v. Monroe County Board of Education (119 S.Ct. 1661) <ul><li>1999 Supreme Court extended the liability of Title IX t...
Eleventh Circuit Conclusion <ul><li>Title IX does not provide schools notice of liability concerning actions of others. </...
Doe v. University of Illinois <ul><li>No. 96-3511 (March 3, 1998, 7 th  Circuit) </li></ul><ul><li>Ruled that liability fo...
Evidence When Administrative Have Knowledge <ul><li>The school prinicipal was made aware of behavior. </li></ul><ul><li>Re...
Sexual Harrassment <ul><li>Common at every stage of education. </li></ul><ul><li>Verbal and physical harassment begins in ...
Statistics   Student-on-Student  Sexual Harrassment <ul><li>Survey of 2064 students 8 th -11 grade </li></ul><ul><li>83% g...
Teacher & Staff Education <ul><li>Communicate, communicate, communicate with staff and students about harassment. </li></u...
References <ul><li>Cawley, T. J., Hunton & Williams (1997). Legal issue surrounding peer sexual harassment. VSBA School la...
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Student On Student Sexual Harassment Ppt

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Dr. William Allan Kritsonis, School Law, Student Sexual Harassment, Bullying, Due Process, Discrimination, Assault, Freedom of Expression, Legal Rights of Students, Teachers, Administrators.

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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Student On Student Sexual Harassment Ppt

  1. 1. Student-on-Student Sexual Harassment William Allan Kritsonis, PhD
  2. 2. What is Student-on-Student Sexual Harassment? <ul><li>Guidelines from the U.S. Department of Education’s Office for Civil Rights (OCR) makes a distinction between two types of sexual harassment. </li></ul>
  3. 3. (1) Quid Pro Quo Harassment <ul><li>Literally means “this for that” harassment. </li></ul><ul><li>Where academic opportunities or benefits are linked with sexual conduct. </li></ul>
  4. 4. (2) Hostile Environment Harassment <ul><li>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. </li></ul>
  5. 5. Determining Whether or Not a Hostile Environment Exists <ul><li>Circumstances to consider might be: </li></ul><ul><ul><li>Type of Frequency </li></ul></ul><ul><ul><li>Duration of the Conduct </li></ul></ul><ul><ul><li>Number of individuals involved </li></ul></ul><ul><ul><li>Ages and gender of the alleged harassers and victims </li></ul></ul><ul><ul><li>Size of school </li></ul></ul><ul><ul><li>Locations of the incidents </li></ul></ul><ul><ul><li>Context in which they occurred. </li></ul></ul>
  6. 6. What constitutes “conduct of sexual nature?” <ul><li>Sexual advances </li></ul><ul><li>Sexual touching </li></ul><ul><li>Sexual graffiti </li></ul><ul><li>Explicit drawings, & pictures </li></ul><ul><li>Sexual gestures </li></ul><ul><li>Sexual or “dirty” jokes </li></ul><ul><li>Spreading rumors about other students as to sexual activity </li></ul>
  7. 7. Common Reasons for Sexual Harassment <ul><li>Thought it was funny (59%) </li></ul><ul><li>It’s just part of school life/A lot of people do it/It’s no big deal (30%) </li></ul><ul><li>I thought the person liked it (32%) </li></ul><ul><li>I wanted a date with the person (17%) </li></ul><ul><li>I wanted something from that person (20%) </li></ul><ul><li>I wanted the person to think I had some sort of power over them(10%) </li></ul>
  8. 8. Title IX of Education Amendments of 1972 <ul><li>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.). </li></ul><ul><li>The purpose of the statute is to prevent “Discriminatory practices” in education and “to provide…effective protection against those practices.” </li></ul>
  9. 9. What schools and activities are covered by Title IX? <ul><li>Title IX applies to all public and private educational institutions receiving federal aid, including elementary, secondary, and post secondary schools. </li></ul><ul><li>This means that all public schools and many private schools are covered. </li></ul><ul><li>Title IX applies to all school-sponsored activities, including athletics, field trips, extracurricular programs, and bus transportation. </li></ul>
  10. 10. Landmark Cases <ul><li>Davis v. Monroe County Board of </li></ul><ul><li>Education (526 U.S. 629 (1999) </li></ul><ul><li>Vance v. Spencer county Public School District 231 F. 3d 253 (6 th Cir. 2000) </li></ul><ul><li>Doe v. university of illinois (96-3511) 7 th Cir 1998) </li></ul>
  11. 11. Davis v. Monroe County Board of Education (119 S.Ct. 1661) <ul><li>1999 Supreme Court extended the liability of Title IX to include “student-on-student” sexual harassment. </li></ul><ul><li>LaShonda Davis -5 th grade student </li></ul><ul><li>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. </li></ul>
  12. 12. Eleventh Circuit Conclusion <ul><li>Title IX does not provide schools notice of liability concerning actions of others. </li></ul><ul><li>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). </li></ul>
  13. 13. Doe v. University of Illinois <ul><li>No. 96-3511 (March 3, 1998, 7 th Circuit) </li></ul><ul><li>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. </li></ul>
  14. 14. Evidence When Administrative Have Knowledge <ul><li>The school prinicipal was made aware of behavior. </li></ul><ul><li>Repeated complaints, boy was not disciplined </li></ul><ul><li>His offensive comments and actions continued. </li></ul><ul><li>It escalated in severity. </li></ul><ul><li>Boy charged for misconduct and guilty to sexual battery. </li></ul>
  15. 15. Sexual Harrassment <ul><li>Common at every stage of education. </li></ul><ul><li>Verbal and physical harassment begins in </li></ul><ul><li>Elementary. </li></ul><ul><li>4 out of 5 children experience some form of sexual harassment. </li></ul><ul><li>6 out 10 will experience some form of physical sexual harassment. </li></ul>
  16. 16. Statistics Student-on-Student Sexual Harrassment <ul><li>Survey of 2064 students 8 th -11 grade </li></ul><ul><li>83% girls have been sexually harassed. </li></ul><ul><li>78% of boys have been sexually harassed. </li></ul><ul><li>American Association of University Women 2002 </li></ul>
  17. 17. Teacher & Staff Education <ul><li>Communicate, communicate, communicate with staff and students about harassment. </li></ul><ul><li>Be observant; l Let them know their obligation and responsibility to respond promptly to all complaints on student-on-student sexual harassment. </li></ul><ul><li>Offer in service workshops </li></ul>
  18. 18. References <ul><li>Cawley, T. J., Hunton & Williams (1997). Legal issue surrounding peer sexual harassment. VSBA School law conference. Charlottesville, Virginia. </li></ul><ul><li>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 </li></ul><ul><li>Garrett, F. B. (1999). Student-on-student sexual harassment. Find law for legal professionals. Retrieved April 9, 2008. http:// library.findlaw.com </li></ul>

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