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A review of the Reauthorization of IDEIA


• Section 504 of the Rehabilitation Act of 1973

• Educators and Professional Liability

•Educators and No Child Left Behind

• School Law and the Paraprofessional

• Internet Law & Technology

• Risks and Consequences of Sexual Harassment & Gender Violence in Schools

• Cyberstalking: Higher Education Workshop
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In-School Workshop

Risks and Consequences of Sexual Harassment & Gender Violence in Schools

More and more cases of sexual harassment can be found in the news today. Cases of
student-to-student harassment or teacher-to-student harassment are commonly reported. Sexual harassment is illegal and can create a corrosive, unsafe atmosphere in schools. Such harassment can also expose a school district and its employees to considerable financial liability.

Generally, there are two types of sexual harassment; quid pro quo and hostile work environment.

Quid pro quo is a Latin term implying a bargain or exchange. Quid pro quo sexual harassment occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions or perhaps grading decisions. The individual submits to the harassment to avoid a consequence. In a school setting quid pro quo could be crudely expressed in this manner: "Your grade will suffer or I will not write a favorable recommendation for you if you tell anyone about our affair. "

Hostile environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with a-student's or employee's performance or creates a hostile, intimidating or offensive work environment. Hostile environment harassment applies even though the harassment may not result in tangible or economic consequences, that is, the person may not lose pay or a promotion. A school district can be held liable for the creation of a hostile environment by teachers, students or other system employees if the school district has knowledge of the harassment and fails to correct it.

The U.S. Supreme Court has said that sexual harassment in schools is unlawful under Title IX of the Education Amendments of 1972, which bans sexual discrimination in any educational institution that receives money from the federal government. A school district or a school employee may be liable for sexual harassment in the school or workplace.

Specific topics include:

  • legal issues, policies and procedures
  • school initiatives on sexual harassment
  • Anti harassment policy
  • responses to harassment
  • sexual harassment policies as a necessary tool for accountability and prevention
  • establishment of dispute resolution programs
  • how to conduct a successful complaint investigation
  • appropriate sexual harassment prevention programs for elementary school students
  • recognition of the legal liability for instances of sexual harassment

Target Audience:

All educators, administrators, classroom teachers, paraprofessionals, custodial staff and support staff

 
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