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…

As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such…

The Dear Colleague Letter (DCL) does the following: (1) Clarifies the relationship between bullying and discriminatory harassment under the civil rights laws enforced by the Department of Education's (ED) Office for Civil Rights (OCR); (2) Explains how student misconduct that falls under an anti-bullying policy also may trigger responsibilities…

In recent years, many state departments of education and local school districts have taken steps to reduce bullying in schools. The U.S. Department of Education (Department) fully supports these efforts. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create…

This article reports a U.S. Supreme Court decision last week which supports the parents of a Massachusetts student who claimed that school officials failed to respond adequately to sexual harassment of their daughter--then in kindergarten--by a 3rd grade boy on her bus. The parents sued the district under both Title IX and Section 1983. In the…

Several recent incidents have brought national attention to issues involving male professors and sexual-harassment policies on campuses. Allegations of harassment can involve high stakes for the accused, with dismissal as a possible penalty. Criminal charges for harassment, in contrast to assault, are rare. Within an institution, people accused of…

This guide provides school law practitioners and school leaders needed information on "how" to prevent, respond to, analyze and, defend a student-to-student harassment claim. It includes a discussion of the law, a section on policy development, practical advice on conducting an investigation, tips for training, and an analysis of the Office for…

This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school…

Educators and administrators must face their responsibility in dealing with sexual harassment by developing policies that are intended to ensure a safe environment, specifying procedures for reporting incidents, and making the reporting process unthreatening. (SK)

Provides a history of the concept of sexual harassment, and discusses the condition under which the problem was first named and the ways in which it has expanded conceptually over time as a violation of civil rights. Suggests some of the educational implications of conceiving the problem in increasingly broad terms, including potential benefits…

This document examines legal issues regarding the education and rights of lesbian, gay, bisexual, and transgender (LGBT) students and the responsibilities of school personnel to protect them. Part 1, "Issues of Freedom," discusses whether students have the right to form LGBT student groups, to express their points of view on LGBT issues,…

This booklet presents the policy of the Colorado Developmental Disabilities Planning Council to affirm and promote the sexuality rights and responsibilities of persons with disabilities. The purpose of the policy is to guide the community and empower persons with disabilities in Colorado to ensure that their inherent sexual rights and basic human…

Changes in sexual harassment theory, including those in the Supreme Court decision of Meritor Savings Bank v. Vinson, are discussed. The use of the equal protection clause, Title IX, and tort law are described. Policies and complaint procedures that colleges should develop to encourage the reporting of sexual harassment are outlined. (Author/MLW)

Sexual harassment is deemed a violation of the Canadian Charter of Rights and Freedoms which provides protection from discrimination based on sex. Provincial jurisdictions may offer legislation more stringent than that reflected in the Canadian code. Recourse for acts of sexual harassment through the courts is sought by alleging discrimination.…

The purpose of this book is to familiarize middle and high school administrators, teachers, and students with the laws concerning sexual harassment and strategies for dealing with it. The book can also help educators avoid liability for sexual harassment. Part 1 defines sexual harassment and emphasizes that men and women may perceive the same…