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SEXUAL HARASSMENT: What Every School Employee Must Know

SEXUAL HARASSMENT: What Every School Employee Must Know. Anita Kiehne and Melanie Gurley Keeney, esq. INTRODUCTION. Anita Kiehne Melanie Gurley Keeney, Esq. BENEFITS OF ELECTRONIC COMMUNICATION. Fast Easy Pervasive Convenient Cheap. RISKS ASSOCIATED WITH ELECTRONIC COMMUNICATION.

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SEXUAL HARASSMENT: What Every School Employee Must Know

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  1. SEXUAL HARASSMENT:What Every School Employee Must Know Anita Kiehne and Melanie Gurley Keeney, esq.

  2. INTRODUCTION Anita Kiehne Melanie Gurley Keeney, Esq.

  3. BENEFITS OF ELECTRONIC COMMUNICATION Fast Easy Pervasive Convenient Cheap

  4. RISKS ASSOCIATED WITH ELECTRONIC COMMUNICATION • Fast • Easy • Informal • Intimate • Misperception of privacy

  5. RISKS ASSOCIATED WITH ELECTRONIC COMMUNICATION • Inappropriate communications • Sexual harassment • Bullying • Misuse of district resources • Other violations of Board policy

  6. WHAT IS SEXUAL HARASSMENT? What is sexual harassment? • What is it in the context of students? • Sexual contact • Engaging in sexual banter • Boundary issues • Denies or limits a student’s ability to participate in or benefit from a school’s education program. • Can a student ever legally “welcome” a sexual relationship? NO! • What is the definition in the employment context?

  7. WHAT IS SEXUAL HARASSMENT? Sexual harassment may be: • Verbal • Sexual conversations, jokes, propositions, requests for dates, etc. • Physical • Kissing, touching, sexual assault, rape • Electronic • Sexual conversations, jokes, pictures, websites, texts, emails

  8. WHAT IS SEXUAL HARASSMENT? Who can be liable for sexual harassment? • School employees • Who harass other employees • Who harass students • Students • Who harass each other • School patrons or visitors • Who harass employees, students, or other patrons • Both men and women • The victim and harasser may be of the same sex

  9. WHAT IS SEXUAL HARASSMENT? A school district may be liable for harassment that occurs: • “In any school program or activity” • School facilities • School bus • Off-campus sporting events or camps • There is also liability for “off the clock” behaviors by coaches with students

  10. SPECIAL CONSIDERATIONS Out-of-Town Trips Transportation issue Supervision at hotels Rules for student conduct Rules for staff and adult chaperone conduct Adult/student ratio Alcohol

  11. SPECIAL CONSIDERATIONS Trainers Appropriate contact – male/female or same sex Other adults Observation vs. privacy

  12. STUDENT/STUDENT HARASSMENT • Student on student sexual harassment • School districts may be liable for student on student sexual harassment. Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). • School district is liable if: • Administration had actual knowledge of the harassment, and • Administration demonstrated “deliberate indifference” toward the situation, and • Harassment deprived student of educational opportunities.

  13. STUDENT/STUDENT HARASSMENT • Electronic communications between students • “Sexting” and misuse of social networking sites can form the basis of a sexual harassment claim. • Individuals who engage in sexting can also risk pornography charges. • As with cyber-bullying, these situations can have tragic consequences – Logan v. Sycamore Community School Bd. of Education, 2011 U.S. Dist. LEXIS 10505 (S.D. Ohio, 2011).

  14. EMPLOYEE/STUDENT HARASSMENT • Risks inherent in employee/student electronic communication: • Boundary Issues • Risk of “Over Sharing” • Perception of Friendships • Not Private

  15. STUDENT/STUDENT HARASSMENT • Student to student electronic communications • Administrators should take great care when investigating sexting cases. • Assistant Principal of Freedom High School in Virginia was charged with possession of child pornography after he stored images he gathered during a sexting investigation on his work computer. (The charges were eventually dropped a year later). • Issues related to both the Fourth Amendment and the Stored Communications Act arise when searching a student’s personal technological devices.

  16. EXAMPLE A male student who is perceived to be homosexual receives insulting and threatening texts, emails, and Facebook posts from members of the football team. Is this sexual harassment? What should you do?

  17. EXAMPLE High school quarterback receives numerous texts from several female students, commenting on his physical appearance and sexual abilities. Is this sexual harassment? What should you do?

  18. EXAMPLE A male high school girls basketball coach texts one of his players after a game and congratulates her on a great game. Is this sexual harassment? What should you do?

  19. EXAMPLE A female high school basketball player exchanges frequent text messages with her coach. She is struggling with a family crisis and feels comfortable confiding in him. Coach maintains the text relationship out of concern for her well-being. Is this sexual harassment? Any concerns?

  20. EXAMPLE A female volleyball coach frequently texts the team manager, who is male, to make arrangements for games and practices. Their conversations eventually extend to daily matters not related to school. One day the coach texts that she is unhappy in her marriage and thinking of leaving her husband. Is this sexual harassment? Any concerns?

  21. AMY HESTIR ACT Unanimously passed by the Missouri General Assembly in 2011 Response to increased number of sexual misconduct cases involving students and school employees

  22. AMY HESTIR ACT • Requires school districts to adopt a policy governing communications between faculty/staff members and students • Including electronic communications • New requirements regarding background checks and disclosing sexual abuse allegations of former employees

  23. EXAMPLE A wrestling coach teaches a junior high Sunday school class and “friends” all the students in the class. Is this illegal? Any concerns?

  24. EXAMPLE A first year teacher and assistant softball coach posts all her college pictures on her Facebook account. The pictures show the teacher in various stages of undress and intoxication. Her profile is open to the public. Is this illegal? Any concerns?

  25. EXAMPLE A golf coach texts one of his players every morning to see if she needs a ride home from practice that evening. Is this illegal? Any concerns?

  26. EXAMPLE A baseball coach texts each of his players to let them know practice is cancelled due to weather. Is this illegal? Any concerns?

  27. PREVENTING SEXUAL HARASSMENT • Procedures: • School employees should notify the administration of every allegation and/or rumor of improper employee/student relationship. • School must investigate or refer to the appropriate agency every allegation or rumor. This may include “hotlining.”

  28. PREVENTING SEXUAL HARASSMENT • Helpful Tips: • Never discourage a student complaint with words such as: “It will just be your word against his,” “Do you see how this makes you look?” “Do you know what could happen to Mr. X?,” etc. • Do not be influenced by (apparent or actual) promiscuity of complaining student or whether student may have invited the attention. • Do not rely on potentially misplaced loyalty; the offending person is sometimes the one you would least suspect. • Do not end the inquiry simply because a student or employee recants a prior statement.

  29. PREVENTING SEXUAL HARASSMENT • Helpful Tips (continued): • Avoid commingling counseling and investigative functions. • Study sexual harassment policies and procedures, and do not hesitate to use them if warranted. • Ensure that students and employees are aware of such policies and procedures (in grade-appropriate manner). Ensure they know what sexual harassment is and what to do about it. • Consider confidentiality needs.

  30. PREVENTING SEXUAL HARASSMENT • Helpful Tips (continued): • Be aware of community resources. • Remember responsibility to initiate “hotline” process. • Emphasize that sexual harassment can be committed by other students as well as adults.

  31. CASE STUDIES What do you do if a student complains to you that she is being harassed online and via text by another student?

  32. CASE STUDIES What do you do if you suspect that a co-worker is having a sexual relationship with a student?

  33. CASE STUDIES What do you do if a student complains to you that one of your co-workers has sexually harassed that student?

  34. CASE STUDIES What do you do if you hear a concern that someone is stalking a student or staff member?

  35. CASE STUDIES What do you do if you receive an electronic communication containing a sexually inappropriate picture of a student?

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