{"id":354878,"date":"2016-04-04T11:01:41","date_gmt":"2016-04-04T16:01:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/discrimination-harassment-at-school\/sexual-harassment-at-school.html"},"modified":"2023-10-31T17:03:27","modified_gmt":"2023-10-31T22:03:27","slug":"sexual-harassment-at-school","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/discrimination-harassment-at-school\/sexual-harassment-at-school.html","title":{"rendered":"Sexual Harassment at School"},"content":{"rendered":"\n
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Sexual Harassment at School<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Sexual harassment at school is a serious issue affecting many students across the country. It’s crucial to understand how this problem is being addressed and what laws are in place to protect students. It is vital for parents, educators, and the community to know how to help victims.<\/p>\r\n

This article provides an overview of the related laws. It also explores the difference between harassment and bullying. Lastly, it offers guidance for parents and schools regarding sexual harassment.<\/p>\r\n

A Brief Overview of Title IX<\/h2>\r\n

Title IX of the Education Amendments of 1972<\/a> is a federal law prohibiting discrimination on the basis of sex in education programs and activities receiving federal financial assistance. This law applies to all public schools, including high schools and secondary schools. Under Title IX, educational institutions have a legal obligation to ensure equal access and opportunity for all students. This is so regardless of the student’s gender, sexual orientation, or sexual identity.<\/p>\r\n

The U.S. Department of Education’s Office for Civil Rights<\/a> (OCR) is responsible for enforcing Title IX and other civil rights laws. If someone experiences conduct of a sexual nature that creates a hostile environment in an educational setting, they can file a complaint with the OCR. This can include incidents of sexual harassment, sexual violence, and sexual assault. The complainant can file a formal complaint through a complaint process. This usually involves completing a complaint form. School administrators and other staff members must follow specific grievance procedures to handle complaints of sexual harassment.<\/p>\r\n

Quid pro quo<\/a> is another form of sexual harassment. In these situations, something is given in return for sexual favors. This type of behavior can create a hostile environment in the classroom or during extracurricular activities. Gender discrimination<\/a>, including sexual misconduct, is not just against federal law. It is also against the principles of equal opportunity and nondiscrimination promoted by our education system. This includes protecting the rights of non-binary, male, and female students alike.<\/p>\r\n

Title IX was originally enacted to prevent publicly funded schools from engaging in discrimination based on sex. Many people know about Title IX because of its positive effects on the advancement of women’s athletics. It also shows up in employment law. It protects employees from sex discrimination in hiring, tenure, salary, and promotion decisions. Since Davis<\/i>, the Supreme Court has extended the scope of Title IX to protect students against student-to-student sexual harassment.<\/p>\r\n

Landmark Case Summary: Davis v. Monroe County Board of Education<\/h2>\r\n

In the landmark case Davis v. Monroe County Board of Education<\/i><\/a> <\/i>(1999), <\/i>the U.S. Supreme Court ruled that a school could be held liable for failing to stop student-on-student sexual harassment. This ruling clarified schools’ responsibilities under Title IX. It emphasized that schools should address complaints seriously.<\/p>\r\n

In this case, the plaintiff’s 11-year-old daughter had always been an excellent student. She made good grades, was relatively active, and seemed like an overall happy child. Then, she began to complain about a boy harassing her. She told her parents that the boy made crude comments to her about wanting to get into bed with her. He would also rub up against her in the hallway. He touched her breasts and genital area and chased her. This didn’t just happen all in one day. These types of behaviors were repeated day after day.<\/p>\r\n

The girl made complaints to her teachers. The teachers dismissed her concerns and failed to even talk to the boy who harassed her. Her mother got involved, calling the teachers and the principal, to no avail. The principal did not investigate. Instead, he asked the mother why none of the other children had made complaints.<\/p>\r\n

It wasn’t until the mother had complained for three months that she was able to get her daughter’s seat changed. This way, she and the boy were not sitting next to each other in class. But this little girl was not the only one ignored. When a group of other students shared their harassment complaints with a teacher, they were not even allowed to speak to the principal.<\/p>\r\n

Perhaps the school teachers did not know what to do. After all, there was no training or protocol on how to handle sexual harassment at school. The school district did not have a policy guiding teachers on what to do in such cases. Eventually, the little girl became depressed. She dreaded going to school, feared going into the gym or bathroom at school, and refused to participate in school activities. Her once excellent grades dropped tremendously. She even wrote a suicide note.<\/p>\r\n

The Implications of Davis v. Monroe County Board of Education<\/h2>\r\n

This case was pivotal in defining the responsibilities of schools to address sexual harassment between students. As a result of this case, a school district could be held liable for failing to stop harassment by one student of another. The Court held that the school’s failure to respond to harassment amounted to discrimination on the basis of sex.<\/p>\r\n

The Davis<\/i> ruling significantly impacted educational institutions. It emphasized the need for schools to take sexual harassment complaints seriously. Schools must have procedures in place to address complaints. They must also respond promptly and reasonably to allegations of sexual harassment.<\/p>\r\n

This case set a precedent, reinforcing the legal obligations of schools under Title IX to ensure a hostile-free environment. Davis<\/i> guided schools in shaping their policies. It has been an essential reference in subsequent cases dealing with sexual harassment in educational settings.<\/p>\r\n

Harassment vs. Bullying<\/h2>\r\n

Harassment and bullying<\/a> may seem similar, but they are different. Sexual harassment refers to repetitive, unwanted sexual advances. A school district is liable for violating Title IX if it fails to take reasonable action against serious, long-term student-to-student sexual harassment that school employees knew about. The Supreme Court made this distinction to protect school districts from liability for typical schoolyard bullying. Occasional name-calling, pushing and shoving, and physical fights do not constitute a Title IX violation.<\/p>\r\n

Instead, the Supreme Court protected students from continuous and offensive behavior interfering with the student’s participation in their school lives. This can include things like:<\/p>\r\n