Sexual Harassment in Education
A Guide to Selected Government Information Available at WIU's Government Publications Library
(Prepared by Angela Blann- 6/00, revised 8/06)
Web version of this guide includes links to web resources.
Federal Government Information
Sexual Harassment Guidance: Harassment of Students By School Employees, Other Students, or Third Parties
This Department of Education Office of Civil Rights web site offers the standards used by the OCR in investigating and resolving sexual harassment allegations. These
standards are to be used by educational institutions as well.
http://www.ed.gov/about/offices/list/ocr/docs/shguide.html
Protecting Students from Harassment and Hate Crime: A Guide for Schools
This Department of Education document can be found on the Office of Civil rights web page. It assists schools in protecting students from all types of harassment, including sexual.
http://www.ed.gov/offices/OCR/archives/Harassment/index.html
Report of the Defense Task Force on Sexual Harassment & Violence at the Military Service Academies
Findings and recommendations of a group representing Military Services and experts and leaders in the civilian sector to significantly reduce sexual harassment and
violence at the Academies. 2005
D 1.2:SE 9
The sexual victimization of college women
Examines why college women are at greater risk for rape and other forms of sexual assault than women in the general population or in a comparable age group. 2000
J 28.24/3:V 66/2
University Responses to Racial and Sexual Harassment on Campuses
This hearing examines how colleges and universities have responded to racial and sexual harassment on their campuses. 1992
Y 4.L 11/4: S. HRG. 102-1152
lllinois Government Information
Fairness: A Guide to Gender Equity in Illinois Schools
This manual is designed for teachers and educators to promote gender equity in Illinois schools and features a chapter on sexual harassment prevention. 1999
ILLINOIS 379.26 PRYG 1999
Illinois Department of Human RIghts
This web site tells how to file discrimination charges of sexual harassment and includes the Illinois Human Rights Act (775 ILCS 5/1-101 et.al), the Illinois law against sexual harassment in employment and higher education.
Legal Information
"New Standards for Peer Sexual Harassment in the Schools: Title IX Liability Under Davis v. Monroe County Board of Education" and The $100,000 Kiss: What Constitutes Peer Sexual Harassment for Schoolchildren Under the Davis v. Monroe County Board of Education Holding?"
Both of these consecutive articles analyze the Supreme Court's decision in Davis v. Monroe County Board of Education
(526 US 629, 1999), that a school district can be held liable under Title IX of the Education Amendments of 1972 for student-to-student sexual harassment if proof of
deliberate indifference can be shown. New Standards upholds the decision, while The $100,000 Kiss takes a more cautious approach.
Journal of Law & Education. Vol. 28, No. 4 October 1999 pp. 611-618, 619-625
"The Subtle Implications of Gebser v. Lago Vista Independent School District"
This article examines the U.S. Supreme Court's decision in Gebser v. Lago Vista Independent School District
(524 US 274, 1998) that district officials can be held liable for teacher-to-student sexual harassment if proof of deliberate indifference can be shown. It also explores
the the validity of Title IX implementing regulations and the likely repercussions of this decision.
West's Education Law Reporter. Vol. 141, No. 2 March 30, 2000 pp. 409-436
"Are You Confused About Sexual Harassment -- And If Not, Why Not?"
This commentary presents the differences between Title VII and Title IX sexual harassment claims, reviews the Gebser and Davis decisions, discusses
the O'Connor majority opinion and the Kennedy dissent, and theorizes regarding the problems of the Davis decision and their possible solutions.
West's Education Law Reporter. Vol. 139, Nos. 1 & 2, 2000 pp. 17-24
"Are Schools Protecting Children From Harassment?"
This article explores protection of schoolchildren from sexual harassment and court handling of the issue.
Trial. Vol. 35, No. 8 August 1999 pp. 32-41
Educator's Guide to Controlling Sexual Harassment
This volume provides a current and thorough study of laws relating to sexual harassment and education.
LEGL REF LC 212 .862 .E 383
"School's Liability for Student-On-Student Sexual Harassment Under Title IX"
This article reviews the likely impact of the recent Supreme Court decision in Davis v. Monroe County Board of Education, especially in Illinois, and concludes
that the predicted, dramatic increase in liability lawsuits will not occur.
Illinois Bar Journal. Vol. 88, No. 2 February 2000 pp. 88-95, 106
Title IX --Sexual Harassment; Deliberate Indifference
This summarization of a recent case asks whether district officials were liable for failure to protect a high school student from the sexual harassment of a teacher.
The Schools and the Courts. Vol. 25, No. 3 August 1999 pp. 24-25
Title IX -- Student-To-Student Sexual Harassment; School District Liability
This summary of Davis v. Monroe County Board of Education provides the case facts, the issues to be decided, and the reasoning of the Supreme Court.
The Schools and the Courts. Vol. 25, No. 2 May 1999 pp. 1275-1276
Women and the Law
This treatise is a comprehensive examination of the legal needs of women and of current changes in laws affecting women. Chapters 13, 13A, and 13B examine a student's
right to protection from violence and sexual abuse in the school environment, Title IX and intercollegiate athletics, and the Virginia Military Institute and single-sex
public schools.
LEGL REF KF 478 .W 65 1984
"When Schools Are Liable For Peer Sexual Harassment: An Analysis of Davis v. Monroe"
This Commentary reviews the facts of Davis, the majority and dissenting opinions, the reactions of lawyers and educators, and the likely ramifications and possible
potential problems surrounding this decision.
West's Education Law Reporter. Vol. 141, No. 2 March 30, 2000 pp. 437-452
Education Law
This seven-volume set contains current material and a thorough analysis of all aspects of education law. Topics related to sexual harassment generally are found in Volume 4,
beginning with Section 10.02, or consult the Index in Volume 7.
LEGL REF KF 4119. R 36 v.
School Law Handbook
This two-volume set focuses solely on the legal issues and case law affecting elementary and secondary schools. Chapter 6 in Volume 1 explores sexual harassment of students
in schools, while Chapter 2 in Volume 2 offers the school's perspective on workplace sexual harassment.
LEGL REF KF 4118. P 58 1998 v.
"The 'O'Connor Shuffle:' School District Liability Under Title IX for Sexual Harassment of Students"
This article reviews, compares, and contrasts the Gebser and Davis decisions and their likely future implications.
West's Education Law Reporter. Vol. 141, No. 3 April 13, 2000 pp.967-985
Franklin v. Gwinnett County Public Schools
This landmark case first decided that damages could be awarded under Title IX, but did not delineate standards of institutional liability. By implication, a damage remedy
was available in situations involving intentional gender discrimination.
503 U.S. 60 (1992)