Reviews the 1980 Equal Employment Opportunity Commission guidelines defining sexual harassment as a form of sex discrimination. Advises 11 steps, including creating clear-cut policies and guidelines to help school officials deal with the problem. Insets offer policy "pointers" and several recommendations for staff members desiring to counter…

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…

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)

Analyzes school boards' response, in terms of crisis decision making, to a situation in which a superintendent was charged and later convicted of sexually assaulting a 17-year-old female student. Cites "Crucial Decisions," by Irving Janis, and offers recommendations to help board members be more effective decision makers. Presents an outline of…

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)

Describes several cases involving the sexual abuse of students by teachers and other staff members; suggests ways school districts can protect their students from abusive staff members, especially pedophiles. (PKP)

Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)

Supreme Court decisions to date underscore school boards' responsibility to take action against on-campus sexual harassment. The high court will support employers who issue, communicate, and enforce policies prohibiting unlawful gender discrimination. Such policies need a clear "no tolerance" statement, detailed legal definitions, and a…

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…

Discusses clear trends in school law regarding compulsory community service and school district liability for student-to-student sexual harassment. The courts are upholding mandatory community service programs, as seen in a recent Fourth U.S. Circuit Court of Appeals ruling. The courts are also recognizing a student's right to protection by school…

Discuss implications for school-district student-on-student sexual harassment policies of "Davis v. Monroe County Board of Education, wherein the Supreme Court ruled that a school can be held liable for not protecting students from sexual harassment by other students. States that schools also have a moral and educational duty to prevent…

In "Rowinsky" the Fifth Circuit ruled that Title IX does not entitle a student to recover damages from a school district for peer sexual harassment. However, three federal district courts and the Eleventh Circuit have joined the trend of holding school districts liable. Follows the Eleventh Circuit's approach and advises school districts…

Recent court decisions and federal guidelines make it clear that school districts must take action to protect gay students. Eleven states have laws prohibiting discrimination on the basis of sexual orientation. Attorneys recommend defining sexual-orientation discrimination, along with other types of discrimination, in nondiscrimination policies,…

Analyzes the California Supreme Court case "Randi W. v. Muroc Joint Unified School District." The court determined that letters of recommendation, which had omitted mentioning allegations of improper sexual conduct with students, were deceptively incomplete. Writers of letters have three choices: refuse to write a letter, write a fully…

In its June 1998 "Gebser" decision, the U.S. Supreme Court virtually eliminated the strategy of suing school districts in cases where students have been sexually harassed by school employees. Summarizes the majority position in the 5-4 decision and presents Justice Stevens's main dissenting opinion. Unresolved is the sexual harassment of…