Under Title IX, for a school to be held liable for denying an educational opportunity to a student who was sexually harassed or abused, the court must be convinced that the school had actual notice of prohibited behavior and that it acted deliberately indifferent to it. Often, it is a challenge to define what "actual notice" is and whether the school had such notice. If the school has no information on which to act to end harassment or abuse, it cannot be determined to be indifferent. In some of the cases we have worked on, however, there has been some level of notice that, if investigated, would have confirmed that harassment or abuse was taking place. Such notice could be a teacher hearing a rumor about a sexual relationship between another teacher and a student, a staff member watching a student speak in a sexually inappropriate way to another student, or the school receiving notice that that an off-campus sexual violence event is creating retaliation at school. Examples such as these may constitute actual notice, depending on the circumstances.
In forensic interviews, where there are allegations of child sexual abuse, it is imperative that interviewers incorporate the current Professional Standards of Care in order to obtain forensically sound information from the alleged child victim. Interviews that produce unreliable information present significant risk to both the alleged victim as well as perpetrator. Those falsely accused suffer irreparable damage; the risks are equally significant if a perpetrator is allowed to continue to offend, simply because the interviewer used techniques that undermined the forensic reliability and credibility of the child's statements.
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program, including in colleges and universities, if those programs or activities associated with the institution receive federal funding. Under Title IX, sex discrimination includes sexual harassment, sexual battery, sexual assault, rape and other sexual violence at school, college or university campuses. Any behavior that disrupts a student's access to an educational opportunity or benefit constitutes a violation of Title IX. Recent media coverage has brought to light the controversy over the six-month sentence for a former Stanford University student for the rape of a student on campus. There has been outrage over the sentence, and that outrage might be justified, given schools' responsibilities in similar cases.
In 2011, the U.S. Department of Education Office for Civil Rights (OCR) issued a "Dear Colleague" letter to college and university administrators about implementation of Title IX of the Education Amendments of 1972 in regards to campus sexual assault cases. Title IX prohibits discrimination on the basis of sex in education programs or activities in schools that receive federal funding. The letter explains that schools are required to develop and distribute policies regarding sexual harassment, designate a Title IX coordinator to oversee the school's duties, train staff and students in sexual harassment and violence issues, and establish an investigation procedure and an adjudication process. The letter did not articulate specific procedural safeguards, rules for the examination of evidence, or guidelines for the conduct of adjudication or hearing processes for cases of campus sexual violence.
This article explores common situations regarding sexual harassment in the school setting. It also discusses exploitation of sexual power either by teachers or by students in an inappropriate relationship. Schools and its employees have a duty to train their students on their sexual harassment policies and to report any inappropriate behavior.
Cinderella – the persecuted heroine – was forced to perform with the enticement of an immediate reward (going to the party), and a promotion of sorts (being treated equally). The Little Mermaid picked out (teased) her suitor, pursued him, and after a long, far-reaching, and conflicted relationship, she ended up down and under
The statements are always the same: "We did not see any warning signs." Accounts of child sexual abuse shock our senses. But there are some warning signs people should be aware of. Although they should not lead to witch hunts against innocent people, they should raise people's level of alertness