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Peer reviewedMcCarthy, 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
Peer reviewedLane, Freddie, Jr. – School Law Bulletin, 1995
Students who are sexually abused by school employees may file a claim in federal court under Title 42, Section 1983, of the U.S. Code, alleging that school officials violated their federal constitutional or statutory rights. Discusses the affirmative defense of qualified immunity, and theories under which students may recover monetary…
Descriptors: Boards of Education, Court Litigation, Due Process, Elementary Secondary Education
