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Meyer, Elizabeth J.; Stader, David – Journal of LGBT Youth, 2009
This article builds on Lugg's (2006) discussion of surveillance in public schools and how queer youth are resisting schools' current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities…
Descriptors: Public Schools, Sexual Orientation, Homosexuality, Social Bias
Mobley, Pamela Rios – National Education Association, 2010
In 2005, the National Education Association (NEA) began publishing a series of reports on the status of underserved groups in education. This report on the status of women and girls is based on the principle that every student has the human and civil right to a quality public education. America's public schools are expected to serve the needs of…
Descriptors: Disproportionate Representation, Females, Womens Education, Civil Rights

Hassenpflug, Ann – Middle School Journal, 1999
Discusses legal cases in which schools or school personnel were charged with failing to respond to peer sexual harassment. Describes provisions of the Sexual Harassment Guidance issued by the Department of Education's Office of Civil Rights that states school personnel can be liable under Title IX of the Education Amendments of 1972. (JPB)
Descriptors: Administrative Policy, Administrator Responsibility, Court Litigation, Middle Schools

Neiger, Jan Alan – Journal of College and University Law, 1999
Reviews the history of Title IX and the various liability standards adopted by the federal courts. Provides a critical review of the "Gebser v. Lago Vista" decision and concludes that the Court's institutional liability standard is that actual knowledge is the most appropriate and legally sound standard of liability for…
Descriptors: College Faculty, College Students, Court Litigation, Higher Education
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Previous "School Law" columns discussed developments under Title IX (Educational Amendments of 1970), noting a trend among federal courts to apply Title IX's prohibition against sexual harassment to peer and employee-to-student sexual harassment. A recent Ninth Circuit Court of Appeals decision against the Santa Rosa City School District…
Descriptors: Administrator Responsibility, Court Litigation, Elementary Secondary Education, School Law
DeMitchell, Todd A.; Fossey, Richard – West's Education Law Quarterly, 1996
Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…
Descriptors: Academic Freedom, Court Judges, Court Litigation, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 1999
Although the U.S. Supreme Court allows students to sue districts (under Title IX) over teacher-student harassment, federal courts have split over peer harassment. In "Davis v. Monroe County Board of Education" (1999), the Supreme Court ruled that students can sue districts for inadequate responses to reported peer sexual harassment. (MLH)
Descriptors: Bullying, Court Litigation, Elementary Secondary Education, School Law

DeMitchell, Todd A. – International Journal of Educational Reform, 2000
A total of 20 judges ruled on a 1994 sexual-harassment case including 5 U.S. Supreme Court justices, who decided in a middle- schooler's favor. School districts are liable for violations of Title IX when they knowingly ignore blatant, pervasive abuse that limits a student's educational access. (Contains 28 references.) (MLH)
Descriptors: Court Litigation, Federal Legislation, Peer Relationship, School Responsibility
Sorenson, Gail – West's Education Law Quarterly, 1995
Examines 12 federal court decisions, 2 state-level appellate decisions, and 8 Letters of Finding from the U.S. Office for Civil Rights regarding the actual or alleged sexual harassment or abuse of school-age children by a school employee. Discusses litigation under Title IX and Section 1983, two federal statutes that provide students with tools…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Legislation, Public Schools

McCarthy, Martha M. – Journal of Law and Education, 1998
Explores alleged abridgements of students' federal rights regarding sexual harassment by school employees or by classmates. Examines claims based on Title IX of the Education Amendments of 1972 and the Fourteenth Amendment. Despite federal protections, students carry a heavy burden of proof in establishing that their rights have been impaired by…
Descriptors: Court Litigation, Due Process, Federal Legislation, Secondary Education

Rowell, Lonnie L.; And Others – School Counselor, 1996
Addresses the issue of preventing and countering harassment in schools and the role of school counselors. Defines sexual harassment and gives an overview of evolving legal interpretations concerning peer harassment. Discusses effects of peer sexual harassment and specific implications for the school counselor. Outlines resources and ideas for…
Descriptors: Intervention, Peer Relationship, Prevention, School Counseling

McClain, Michael W. – Journal of Law and Education, 1999
Analyzes the state of the law regarding peer sexual harassment. In "Davis" the Supreme Court ruled that a school district can be held liable for a student's sexual harassment of another student. Prior to this, lower courts were not uniform in their treatment of this charge. (Contains 47 references.) (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Legal Responsibility
Underwood, Julie – American School Board Journal, 1987
Defines sexual harassment and reminds school boards of their moral and legal obligation to protect employees and maintain an intimidation-free workplace. Offers several tips for preventing sexual harrassment and for launching investigations into complaints. (MLH)
Descriptors: Board of Education Role, Elementary Secondary Education, Legal Problems, Prevention

Brandenburg, Judith Berman – Signs: Journal of Women in Culture and Society, 1982
Defines sexual harassment, discusses who is affected by it, outlines the legal context, and suggests how universities can respond to the problem of sexual harassment on their campuses. Describes the grievance procedure established at Yale University for dealing with student complaints of harassment by faculty members. (Author/MJL)
Descriptors: College Students, Faculty, Grievance Procedures, Higher Education
Russo, Charles J.; Ilg, Timothy J. – School Business Affairs, 2002
Reviews six Supreme Court decisions on sexual harassment since 1992, three of which were education cases. Suggests content of school board policy to comply with Court's sexual-harassment decisions and thus limit liability under Title IX for offenses involving students and Title VII for acts involving school personnel. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Legal Responsibility