Sexual Harassment of Students by School

Employees

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” harassmentHostile 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.