The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

The First Amendment does not protect a bully when it comes to vulgar or intimidating language. When the language or behavior interferes with another student's educational opportunities--whether it is done inside or outside of school--it is not protected by freedom of speech or expression, and it should be addressed by school officials.…

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…

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

The authors debate whether institutions of higher learning should impose regulations or speech codes to ban sexually harassive speech believed to foster gender-based discrimination. Masters insists that narrowly crafted controls are necessary to make colleges and universities inviting to all. Dagley argues that speech codes are improper because…

Describes the panic that typically arises when the First Amendment is invoked in charges of sexual harassment in schools. Contends that sexism is a fundamental part of school culture, that school administrators apply free speech rights differently to males and females in schools, and that the Constitution applies to girls too. (24 footnotes) (MLF)

A Colorado superintendent allowed to resign for personal reasons later sued the district, claiming confidentiality provisions had been breached. The Colorado Supreme Court reversed lower court rulings favoring the district. The settlement agreement does not violate the First Amendment, but merely applies state law requiring people to keep their…

Several years ago, Macomb Community College suspended an English teacher for three days because he frequently used profanity in the classroom that was not germane to course subject matter. The teacher's response to this suspension and the administration's response to his actions prompted a series of countermeasures by each party, and culminated in…

Discusses a California case involving a tenured professor's controversial teaching style, which focused on "obscene" topics and assignments that allegedly humiliated female students. The professor eventually prevailed in a Ninth Circuit appeal. The lesson: when attempting to eradicate sexual harassment, we cannot abandon important First…

Student affairs practitioners today must often face difficulties related to the promotion of multiculturalism while maintaining individual rights and freedoms with a college population. Addresses concerns faced by student affairs practitioners: law and regulations and promoting diversity. Discusses legislative directives, current laws, and recent…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

Over the years the Supreme Court has given academic freedom a special First Amendment status. This study reviewed a selected group of recent cases at public universities, focusing particularly on several where rulings were based either on a professor's public comments or in-class verbiage, in an attempt to assess the current status of academic…

Examines the issue of a professor's First Amendment right to academic freedom vs. a student's right to an effective learning environment free from sexual harassment in a 1996 case, Cohen vs. San Bernardino Valley College. Also explored is the right of a public employee to free speech. Recommendations are offered to college administrators on…