Laws Against Sexual Harassment

1
Laws Against Sexual Harassment

• Title IX of the Education Amendments of 1972
  prohibits sexual discrimination, including sexual
  harassment, in any federally funded education
  program or activity
• New Jersey State law (2003) prohibits sexual
  discrimination in educational institutions and
  public accommodations

2
How the Law Defines Sexual Harassment

• Sexual harassment is unwelcome behavior of a
  sexual nature that interferes unreasonably with a
  students ability to learn, study, or participate
  in school activities
• There are two kinds quid pro quo and hostile
  environment

3
Quid Pro Quo

• a person with authority (teacher, coach,
  administrator) demands sexual favors in exchange
  for some educational benefit (higher grade,
  participation on sports team)

4
Hostile Environment

• unwelcome behavior of a sexual nature so severe
  and persistent that it interferes with a
  students ability to learn or participate in
  school activities. Can be verbal, written, or
  physical conduct

5
US Supreme Court

• Gebser v. Lago Vista school district (1998)
  Students may recover monetary damages for
  teacher-student sexual harassment when school has
  knowledge of the harassment and acts with
  deliberate indifference.
• Davis v. Monroe County Board of Ed (1999)
  students may recover monetary damages for peer
  sexual harassment

6
Is sexual harassment socializing girls and boys
for their future gender roles as adults or for
their gender roles in school?

• Is sexual harassment in school similar or
  different from that in adult society?
• Is sexual harassment exacerbated by the school as
  an institution?
• Are the gender roles for young people and adults
  similar or different?