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…

In "Harris" the Supreme Court ruled that Title VII is violated when the workplace environment "would reasonably be perceived and is perceived as hostile or abusive." Schools and colleges, by developing appropriate policies, procedures, and educational programs, can substantially increase understanding about the legal aspects of…

Discusses current developments and recent litigation regarding sexual harassment of students by other students. Contends that, despite the discrepancy in recent circuit court decisions of different standards of liability in such cases, this uncertainty should not frighten school officials into abandoning their common sense. (24 footnotes) (MLF)

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)

Two federal appellate courts heard cases with similar fact patterns and the same issue--are school districts liable for student-caused sexually hostile environments under Title IX? Since the courts reached different conclusions, this issue seems ripe for consideration by the Supreme Court. No student should have to run a gauntlet of abuse to…

The Supreme Court's ruling in a flag-burning case raises questions about whether antiharassment policies that colleges and universities have adopted, penalizing slurs and epithets used by students to harass others, violate the First Amendment to the Constitution. If public college policies were found unconstitutional, private colleges would not…

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)

Discusses situations that recently received judicial scrutiny regarding clashes between the freedom of the teacher and the freedom of the learner. Each of the following began with a student's objection to an instructional act: (1) freedom to research a religious topic; (2) freedom from racial discomfort; (3) freedom from sexual discomfort; and (4)…

Now that the Supreme Court in "Davis" has determined that schools can be sued for what one child does to another, schools will have a hard time avoiding frivolous lawsuits. The difficulty of analyzing the "Davis" decision lies in drawing a line between teasing and harassment. The conduct of certain six- and seven- year-olds…

Outlines important implications for consideration in developing employment policies prohibiting sexual harassment. The recent Supreme Court decision on a sexual harassment case shows that employers are not "insulated" from liability if courts find harassment in the workplace. Also discusses two other Supreme Court decisions. (MD)

Discusses two recent court decisions--"Urofsky v. Gilmore" and "Bonnell v. Lorenzo"--that concern the role of faculty within the university. Concludes that as the law now stands, faculty have no special First Amendment right to academic freedom. (Contains 93 references.) (Author/MLF)

The U.S. Supreme Court has refused to hear a case that might guide colleges in resolving conflict between campus policies on sexual harassment and free-speech rights. The case involved San Bernardino College (California) and a tenured professor whose explicit classroom discussions college officials felt constituted sexual harassment. An appeals…

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…

To forestall sexual harassment law suits, higher education institutions should (1) adopt a position on faculty/student amorous relationships; (2) state clearly how complaints are handled and by whom; (3) actively educate faculty, staff, and students concerning sexual harassment; and (4) follow up any complaints and keep records of the responses.…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)