SEXUAL HARASSMENT IN THE SCHOOL ENVIRONMENT Adapted from: Port Arthur Independent School District

Introduction Legal issues in dealing with sexual harassment by students Individual duties to recognize and prevent harassment in the school environment. 8/12/2009

EMPLOYEE / STUDENT HARASSMENT/ABUSE STUDENTS HAVE A CONSTITUTIONAL RIGHT TO BE FREE FROM SEXUAL HARASSMENT AND /OR SEXUAL ABUSE WHILE ATTENDING SCHOOL 8/12/2009

NO STRICT LIABILITY FOR DISTRICT DISTRICT MAY BE HELD LIABLE FOR SUPERVISORY FAILURES RESULTING IN THE SEXUAL ABUSE OF STUDENTS IF POLICY-MAKING OFFICIALS ACTED WITH DELIBERATE INDIFFERENCE TO THE WELFARE OF SCHOOL CHILDREN 8/12/2009

WHAT IS DELIBERATE INDIFFERENCE SCHOOL OFFICIAL HAD ACTUAL KNOWLEDGE OF ABUSE OR KNOWLEDGE OF FACTS PLAINLY POINTING TO ABUSE OFFICIAL HAS AUTHORITY TO TAKE CORRECTIVE MEASURES OFFICIAL FAILS TO TAKE ACTION THAT WAS OBVIOUSLY NECESSARY TO PREVENT OR STOP THE ABUSE; AND FAILURE CAUSES CONSTITUTIONAL INJURY TO CHILD 8/12/2009

DISTRICT CAN BE HELD LIABLE FOR STUDENT TO STUDENT SEXUAL HARASSMENT OR ABUSE HARASSMENT MUST OCCUR “UNDER OPERATIONS “ OF THE SCHOOL DISTRICT AND MUST BE SEVERE, PERVASIVE AND OFFENSIVE DISTRICT IS LIABLE IF ACTS WITH DELIBERATE INDIFFERENCE 8/12/2009

What is sexual harassment among students? Student to student harassment includes unwelcome verbal, physical, or visual conduct of a sexual nature that is severe and pervasive. 8/12/2009

Harassment is unwelcomed conduct. Girls can harass boys; Harassment can happen between members of same sex; Group of girls spreading sexual rumors about another girl Conduct may be physical, verbal or nonverbal. 8/12/2009

What should I do if I see this type of student harassment? Report it to campus administration; Treat as a discipline issue, consistently; If serious refer to campus principal immediately; Principal should investigate , choose appropriate discipline technique; and Report to law enforcement if crime has been committed on campus. 8/12/2009

Transgender Discrimination 8/12/2009

Logan v. Gary Comm. Sch. Transgendered male, wore girls clothes and accessories to school. He asked to wear dress to prom. Principal said no to dress but suggested woman’s pants suit. 8/12/2009

Logan v. Gary Comm. Sch. (cont.) History December 2007 Complaint filed with the United States District Court for the Northern District of Indiana, Hammond September 2008 Court denies school district's motion to dismiss the case, allowing the lawsuit to go forward. January 2011 Gary Community School Corporation settles this matter with Logan for an undisclosed amount on terms agreeable to all parties. The settlement includes revisions to the school district's dress code and non-discrimination policies such that both policies now include specific protections for lesbian, gay, bisexual and transgender students. The school district also agrees to conduct training for the administration and school board members on lesbian, gay, bisexual and transgender (LGBT) issues and respectful treatment of LGBT people. 8/12/2009

Case Example Federal appellate court upholds $200,000 jury verdict against Florida district for student-on-student sexual harassment Mathis v. Wayne County Bd. of Educ., No. 11-5979 (6th Cir. Aug. 23, 2012) Abstract: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit (KY, MI, OH, TN) has upheld a jury verdict for $200,000 for the parents of two male middle school students who were sexually harassed by their basketball teammates in the school’s locker room, affirming the district court’s denial of the school board’s renewed motion for judgment as a matter of law. Having reviewed the evidence, the panel rejected WBOE’s allegation and agreed with the district court that there was ample evidence before the jury from which reasonable jurors could have concluded that WBOE’s response constituted “deliberate indifference” under Title IX, and was insufficient to provide a safe environment in this student-on-student sexual harassment case.

District Title IX Coordinator Reports of discrimination based on sex, including sexual harassment (involving students), may be directed to the Title IX coordinator. The District designates the following person to coordinate its efforts to comply with the Title IX of the Education Amendments of 1972, as amended: Dana Jackson, Director of Counseling Service, 2602 S. Belt Line Rd., Grand Prairie, TX 75052 District ADA / Section 504 Coordinator Reports of discrimination based on disability may be directed to the ADA/Section 504 coordinator. The District designates the following person to coordinate its efforts to comply with Title II of the Americans with Disabilities Act of 1990, which incorporates and expands upon the requirements of Section 504 of the Rehabilitation Act of 1973: Sharon Boothe, Director of Special Program, 2602 S. Belt Line Rd., Grand Prairie, TX 75052-5344, 972-237-5311. The Deputy Superintendent shall serve as coordinator for purposes of District compliance with all other antidiscrimination laws.