Sexual harassment by school employees - Lecture Notes William Allan Kritsonis, PhD

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

2.  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.

3.  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.  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. 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?

6. “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.  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.

8.  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.

9.  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. 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.  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.