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Sexual Harassment [microform] / Donald F. Uerling
Bib ID 5610353
Format BookBook, MicroformMicroform, OnlineOnline
Uerling, Donald F
Online Versions
Description [S.l.] : Distributed by ERIC Clearinghouse, 1997 
16 p. 

This paper sets out the legal grounds for sexual harassment claims in education settings, and notes a number of pertinent cases that are illustrative of common legal and factual issues. Sexual harassment, including sexual abuse, is prohibited by federal and state statutes. Sexual harassment in the context of employment constitutes employment discrimination that violates Title VII of the Civil Rights Act of 1964. Several court cases define the employer's responsibility when employees are sexually harassed or become objects of sexual discrimination. Another issue that arises is the sexual abuse of students by teachers and other employees. A teacher's sexual molestation of a student is an intrusion of the child's bodily integrity, which is protected by the Constitution. Cases are cited that define sexual abuse in such cases and establish students' constitutional rights. Sexual harassment of students by school employees is also a violation of Title IX of the Education Amendments of 1972, as court judgments have upheld. In some cases, claims may be both constitutional and statutory, in that they are based on specific state or federal law. The weight of judicial authority seems to be that student-on-student sexual harassment is not actionable under Title IX. Educational administrators need to be cognizant of sexual harassment issues from both legal and practical perspectives, protecting individuals from the consequences of harassment and themselves and their institutions from the consequences of civil rights investigations and litigation. (SLD)


ERIC Note: Paper presented at the Annual Women in Educational Leadership Conference (11th, Lincoln, NE, October 1997).

May also be available online. Address as at 14/8/18:

Reproduction Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive. 
Subjects Civil Rights.  |  Constitutional Law.  |  Court Litigation.  |  Elementary Secondary Education.  |  Federal Legislation.  |  Higher Education.  |  Legal Problems.  |  Sex Discrimination.  |  Sexual Abuse.  |  Sexual Harassment.  |  State Legislation.  |  Title IX Education Amendments 1972  |  Civil Rights Act 1964
Form/genre Reports, Descriptive.  |  Speeches/Meeting Papers.
Available From ERIC 


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