Download - Professor William Allan Kritsonis-Sexual Harassment in the Educational Workplace

8/20/2019 Professor William Allan Kritsonis-Sexual Harassment in the Educational Workplace

http://slidepdf.com/reader/full/professor-william-allan-kritsonis-sexual-harassment-in-the-educational-workplace 1/18

Sexual Harassment inthe Education Workplace

PUBLIC SCHOOL LAW

Lecture Notes

William Allan Kritsonis, PhD



The History of Legislation

On the job sexual harassment is not a recent

problem, although legal liability for it is. Thefirst court case decided on the issue of

sexual harassment was under Title VII in

19!.



Laws

"i#il $ights %ct of 1&1

' "reates liability for anyone acting on behalf of astate who causes the depri#ation of any rights,

pri#ileges or immunities secured by the

"onstitution and federal laws if the person acts

with (deliberate indifference.)

*hat is (deliberate indifference+)



Deliberate Indifference

(The conscious or recless disregard of the

conse-uences of ones acts or omissions.)

/ource0 The ectric aw ibrary exicon

www.lectlaw.com



Laws

Title I2 of the 3ducation %mendments of

194 ' 5rohibits sex discrimination in educational

institutions recei#ing federal funds.

' 6uid pro -uo and hostile en#ironment are

considered forms of gender discrimination underthis act.



The Law

3-ual 5rotection "lause of the 17th %mendment

to the "onstitution Title VII of "i#il $ights %ct of 19!7

' $ecogni8es two forms of sexual harassment

' /ets out monetary damages for compensatory and

puniti#e damages

"i#il $ights %ct of 1991 ' "reates both public and pri#ate liability for acts of

sexual harassment by super#isors and employees.



Definition

nwelcome /exual ad#ances, re-uests for

sexual fa#ors, and other inappropriate #erbalor physical conduct of a sexual nature when

made by any member of the school staff to

another staff member or student: when made

by any student to a staff member: or whenmade by any student to another student.



Two Types of Sexual Harassment6uid 5ro 6uo

/imply stated0 (you do something for me and I;ll dosomething for you) ' /ubmission to conduct is made expressly or by implication

a term or condition of an indi#idual;s employment

' /ubmission to or rejection of the conduct is used or

threatened to affect the employee;s or student;sperformance

' /ubmission to or rejection of the conduct is used orthreatened to be used as a basis for employment oreducational decisions.



uid !ro uo

6uid 5ro 6uo sexual

harassment occurs

when a person in

authority, usually a

super#isor, demands

sexual fa#ors of a

subordinate as acondition of getting or

eeping a job benefit.



Hostile En"ironment

%ny unwelcome sexually oriented conduct oratmosphere that is so se#ere or per#asi#e that it is

intimidating or offensi#e to a (reasonable person) ofthe same gender as the #ictim.

It may be unwelcome and create a hostileen#ironment for persons other than the #ictim whoare present at the time the beha#ior occurs.



Hostile En"ironment

3mployee suffers repeated abuse by ahostile wor en#ironment. /uch anen#ironment arises when a co<worer orsuper#isor, engaging in unwelcome andinappropriate sexually based beha#ior,renders the worplace atmosphereintimidating, hostile or offensi#e.

% hostile wor en#ironment can representdiscrimination under Title VII.



Sexual Harassment

/exual =arassment may include0

Verbal harassment or abuse ' /exual innuendo

' /uggesti#e comments

' Insults

' =umor and joes about sex or gender ' /exual propositions

' Threats accompanied by implied or explicit threatsconcerning one;s job, grades, etc.



Sexual Harassment

/exual =arassment

may include0

>on<Verbal harassment ' /uggesti#e or insulting

sounds

' eering

' *histling ' Obscene gestures



Sexual Harassment

/exual =arassment

may include0

5hysical harassment ' Touching

' 5inching

' ?rushing the body

' "oerced sexual acti#ity

' assault



Who is Liable#

The /chool @istrict has iability

' *hen an official decision to (not act) is made by the@istrict.

' *hen the school district new the harassment wasoccurring.

'

*hen the harassment was occurring in a contextsubject to the school district;s control.

' *hen the school district;s deliberate indifferencecauses students or staff to undergo harassment ormade students or staff #ulnerable to it by failing to

tae action.



Indi"idual Liability

=arassment by an 3mployee or Teacher

' Ao#ernment immunity may not always protect schoolofficials.

/uper#isors or principals may be liable if0The school official recei#ed notice of a pattern of improper

acts committed by a teacher or employee.The school official demonstrated (deliberate indifference.)The school official failed to tae sufficient remedial action.Bailure to tae action caused injury to the employee or

student.



$s an Employee% What is &our

'esponsibility#

/chool personnel ha#e aresponsibility to protect

students and staff from nownor reasonably foreseeableharm occurring during or inconnection with schoolacti#ities

/chool personnel are

responsible for properlymonitoring and discipliningsubordinates such as teachersor employees o#er whom theyexercise authority.



What can you do to help pre"ent or

stop sexual harassment in school#

$ecogni8e what it is and when it is

occurring. Tae all reports of harassment seriously.

*hen you obser#e inappropriate beha#iors,

tae inter#ening steps.

Download - Professor William Allan Kritsonis-Sexual Harassment in the Educational Workplace

Top Related