Staff-to-student: sexual harassment: district leaders should know the legal implications and heed practical recommendations.

Staff-to-student: sexual harassment: district leaders should know the legal implications and heed practical recommendations. MANY ARE AWARE OF the practical implications of sexual harassment sexual harassment,in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes. of students by school staff, but such situations can also haveconsiderable legal implications, as well. While the legal aspects ofstaff-to-student sexual harassment take a back seat to the moral andemotional considerations, the legal framework provides schooladministrators with a helpful basis for drafting policies, conductinginvestigations, and making decisions. Title IX of the EducationAmendments of 1972 prohibits disparate treatment of students infederally funded programs based on sex, and this treatment includessexual harassment. A Landmark Decision A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. The landmark staff-student sexual harassment case, Gebser v. LagoVista Independent School District Lago Vista Independent School District is a public school district based in Lago Vista, Texas (USA).In addition to Lago Vista, the district serves the community of Hudson Bend and part of Jonestown.The High School Graduating Class of 2006 had 72 students. , was decided by the U.S. Supreme Courtin 1998. The controversy in Gebser arose out of a sexual relationshipbetween a teacher and a student. Prior to the school's discovery ofthe teacher's sexual advances toward the student, other studentshad complained about sexually inappropriate statements by the teacher,but that matter was apparently put to rest at a parent meeting in whichthe teacher denied the statements, apologized for any offense, and gaveassurances that he would make no inappropriate statements in the future.After discovery of the relationship by authorities, which led to theteacher's arrest and termination of his employment, the studentfiled suit, alleging that the school was liable for the teacher'sadvances under Title IX. The Supreme Court held that Title IX did indeedprovide a cause of action against a school for staff-student sexualharassment. To be successful under such a claim, the court explained, astudent would have to show the following: * The student was subjected to actual sexual harassment under law. * A school official with appropriate authority to end theharassment Ask a Lawyer QuestionCountry: United States of AmericaState: NevadaI recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med. must have had actual notice of the harassment and failed torespond to it. * The failure must have been so egregious e��gre��gious?adj.Conspicuously bad or offensive. See Synonyms at flagrant.[From Latin as to rise to the levelof deliberate indifference. The court explained that because the student in Gebser could notshow that any official of the school had actual notice of theteacher's offensive actions until the events that led to theteacher's arrest, the school could not be held liable for theteacher's sexual advances under Title IX. Lessons from Sexual Harassment Case Law More recent decisions have illuminated further the contours of aTitle IX claim. While these decisions are not necessarily controllingoutside the specific jurisdictions in which they were decided, theyprovide persuasive guidance to courts and school districts facingstaff-student sexual harassment claims. Gebser made clear that a staff member's sexual advances,whether or not resisted by a student, can constitute sexual harassmentunder Title IX. Additionally, "sex specific language that is aimedto humiliate, ridicule, or intimidate in��tim��i��date?tr.v. in��tim��i��dat��ed, in��tim��i��dat��ing, in��tim��i��dates1. To make timid; fill with fear.2. To coerce or inhibit by or as if by threats. " a student can also rise tothe level of sexual harassment under Title IX, according to according toprep.1. As stated or indicated by; on the authority of: according to historians.2. In keeping with: according to instructions.3. the 4th U.S.Circuit Court of Appeals' 2007 case Jennings v. University of NorthCarolina North Carolina,state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N).Facts and FiguresArea, 52,586 sq mi (136,198 sq km). Pop. . For example, sufficiently egregious staff statements aboutstudents' bodies, sexual desires, sexual stereotypes, or othersex-based slurs can tread on students' rights to be free ofsex-based harassment under Title IX. [ILLUSTRATION OMITTED] Some cases have turned on whether an appropriate official hadactual notice of harassing conduct. An "appropriate official"is, at a minimum, one who has authority in the school to take correctiveaction A corrective action is a change implemented to address a weakness identified in a management system. Normally corrective actions are instigated in response to a customer complaint, abnormal levels if internal nonconformity, nonconformities identified during an internal audit or to end the discriminatory harassment. It is not always clear whosuch an individual might be in each school context. In a 2009 case,Plamp v. Mitchell School District, the 8th U.S. Circuit Court of Appealsrejected a student's Title IX claim based on a teacher'sinappropriate sexual comments and advances. The court explained thatalthough the student could show that guidance counselors or otherteachers may have been aware of the objectionable behavior, the studentcould not show knowledge by one with authority to correct the actionbecause she had no evidence that a principal or higher official knew ofthe inappropriate conduct. Many courts in Title IX cases have grappled with the question ofwhether a school had actual knowledge of staff-student harassment. Thisissue is more complicated when a school's officials have receivedprior complaints about inappropriate comments by a teacher. To meet the actual knowledge standard, a school must have knowledgeof "misconduct that would create risks so great that they arealmost certain to materialize if nothing is done," according to the6th U.S. Circuit Court of Appeals' 2008 case of Hansen v. Board ofTrustees of Hamilton Southeastern School Corporation. In this case, atleast, a court held that a student plaintiff can meet this standard byshowing that a school had knowledge of misconduct that would be so riskythat you would be sure it would be carried out if nothing was done. Astudent Title IX plaintiff can meet this standard, the Hansen courtexplained, by showing that a school or district was aware that theteacher was a "serial harasser ha��rass?tr.v. ha��rassed, ha��rass��ing, ha��rass��es1. To irritate or torment persistently.2. To wear out; exhaust.3. To impede and exhaust (an enemy) by repeated attacks or raids. " even if it was unaware ofspecific action by the teacher toward the plaintiff. Even where a student can show a sufficiently powerful schoolofficial had actual knowledge of harassing behavior by a staff member,in order to successfully assert a Title IX claim, the student must stillshow that the school was deliberately indifferent. Courts have foundthat a school is not deliberately indifferent where it takes reasonableactions calculated to end the complained-of harassment. While thisstandard is not onerous, critics complain that it is uncertain. Practical Recommendations for School Leaders Staff-student harassment leads to numerous unwanted consequencesfor schools on many levels. Such conduct can erode Erode(ĕrōd`), city (1991 urban agglomeration pop. 361,755), Tamil Nadu state, S India, on the Kaveri River. The city is located in a cotton-growing region, and its industries include cotton ginning and the manufacture of transport equipment. student and parentconfidence and result in significant legal concerns. As a schooladministrator, however, you can take many proactive steps to combatsexual harassment and to reduce your districts' vulnerability toTitle IX harassment claims: * Designate one or more employees responsible for coordinatingTitle IX compliance and dispute resolution, and publish their names,titles or roles and contact information. These steps are mandated underthe regulations interpreting Title IX, according to the Code of FederalRegulations The New Deal program of legislation enacted during the administration of President franklin rooseveltestablished a large number of new federal agencies, which generated a shapeless and confusing mass of new regulations. provision that requires schools to have a Title IXcoordinator. * Also pursuant to the Title IX regulations, publish anddisseminate an anti-harassment policy and grievance griev��ance?n.1. a. An actual or supposed circumstance regarded as just cause for complaint.b. A complaint or protestation based on such a circumstance. See Synonyms at injustice.2. procedures toreceive and address any student and faculty sexual harassment complaintsunder Title IX. * Conduct wide-ranging Title IX trainings for staff at each levelto outline your policies and the contours of appropriate andinappropriate interactions between staff and students. Make sure yourtraining loops in all who might have contact with students, includingadministrators, teachers, coaches, maintenance workers and bus drivers.Although these issues can sometimes be uncomfortable to discuss and somestaff might complain that these principles "go withoutsaying," schools that take a proactive approach may well find thatstaff are less likely to commit violations and more likely to reporttheir colleagues' indiscretions, all to the benefit of thestudents. * Make sure that vendors, contractors, volunteers and others whocome into contact with your students when working with you also areaware of your expectations for appropriate conduct and communications.For example, is the individual refilling the soda machine actingappropriately at your school? * When complaints of sexually harassing or otherwise inappropriatebehavior come in, investigate them fairly and completely, and takeaction reasonably calculated to end any inappropriate actions. Learnfrom past mistakes, and take protective steps in the future. * Investigate resources offered by the U.S. Department ofEducation. The department's Office for Civil Rights revised itspamphlet "Sexual Harassment: It's Not Academic," whichprovides guidance for schools on Title IX compliance. Readwww.ed.gov/about/offices/list/ocr/docs/ ocrshpam.pdf * Consult counsel on all of the above and any other steps you taketo prevent and address sex discrimination and sexual harassment. Inaddition to Title IX concerns, sexual harassment claims may involve ahost of other legal issues, including state-specific matters, employmentconcerns, tort challenges, or even free speech issues. From draftingyour policies to investigating complaints to defending claims, use yourschool attorney as a resource to help you avoid legal traps. Allison Fetter-Harrott is an attorney and pursuing a Ph.D. ineducation policy at Indiana University Indiana University,main campus at Bloomington; state supported; coeducational; chartered 1820 as a seminary, opened 1824. It became a college in 1828 and a university in 1838. The medical center (run jointly with Purdue Univ. Bloomington.