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Laws Against Sexual Harassment

How the Law Defines Sexual Harassment. Sexual harassment is unwelcome behavior of a sexual nature that interferes unreasonably with a student's ability to learn, study, or participate in school activitiesThere are two kinds: quid pro quo and hostile environment. Quid Pro Quo. a person with authorit

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Laws Against Sexual Harassment

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    1. Laws Against Sexual Harassment Title IX of the Education Amendments of 1972: prohibits sexual discrimination, including sexual harassment, in any federally funded education program or activity New Jersey State law (2003): prohibits sexual discrimination in educational institutions and public accommodations

    2. How the Law Defines Sexual Harassment Sexual harassment is unwelcome behavior of a sexual nature that interferes unreasonably with a student’s ability to learn, study, or participate in school activities There are two kinds: quid pro quo and hostile environment

    3. Quid Pro Quo a person with authority (teacher, coach, administrator) demands sexual favors in exchange for some educational benefit (higher grade, participation on sports team)

    4. Hostile Environment unwelcome behavior of a sexual nature so severe and persistent that it interferes with a student’s ability to learn or participate in school activities. Can be verbal, written, or physical conduct

    5. US Supreme Court Gebser v. Lago Vista school district (1998): Students may recover monetary damages for teacher-student sexual harassment when school has knowledge of the harassment and acts with “deliberate indifference.” Davis v. Monroe County Board of Ed (1999): students may recover monetary damages for peer sexual harassment

    6. Is sexual harassment socializing girls and boys for their future gender roles as adults or for their gender roles in school? Is sexual harassment in school similar or different from that in adult society? Is sexual harassment exacerbated by the school as an institution? Are the gender roles for young people and adults similar or different?

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