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ERIC Number: ED412621
Record Type: Non-Journal
Publication Date: 1997-Oct
Pages: 16
Abstractor: N/A
Reference Count: N/A
Sexual Harassment.
Uerling, Donald F.
This paper sets out the legal grounds for sexual harassment claims in education settings, and notes a number of pertinent cases that are illustrative of common legal and factual issues. Sexual harassment, including sexual abuse, is prohibited by federal and state statutes. Sexual harassment in the context of employment constitutes employment discrimination that violates Title VII of the Civil Rights Act of 1964. Several court cases define the employer's responsibility when employees are sexually harassed or become objects of sexual discrimination. Another issue that arises is the sexual abuse of students by teachers and other employees. A teacher's sexual molestation of a student is an intrusion of the child's bodily integrity, which is protected by the Constitution. Cases are cited that define sexual abuse in such cases and establish students' constitutional rights. Sexual harassment of students by school employees is also a violation of Title IX of the Education Amendments of 1972, as court judgments have upheld. In some cases, claims may be both constitutional and statutory, in that they are based on specific state or federal law. The weight of judicial authority seems to be that student-on-student sexual harassment is not actionable under Title IX. Educational administrators need to be cognizant of sexual harassment issues from both legal and practical perspectives, protecting individuals from the consequences of harassment and themselves and their institutions from the consequences of civil rights investigations and litigation. (SLD)
Publication Type: Reports - Descriptive; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964; Education Amendments 1972; Title IX Education Amendments 1972