William Allan Kritsonis, PhD-Sexual Haressment Ppt

8/20/2019 William Allan Kritsonis, PhD-Sexual Haressment Ppt

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Protecting Our Children:

Sexual Harassment of Students by

Teachers in the Public School Setting

Public School Law

Lecture Notes

William Allan Kritsonis, PhD



Prevalence of Sexual Harassment in

Public Schools

In a survey by The American Association of

University Women AAUW! "#$,$$$ stu%ents

re&orte% havin' e(&erience% some sort of se(ual

abuse between the years of )##) to "$$$*

+f the stu%ents that re&orte% se(ual harassment in

school, -. re&orte% that the abuse was at the

han%s of a teacher or school em&loyee, an% )/.of those stu%ents a%mitte% to havin' se(ual

intercourse with a teacher*



Prevalence (con’t)

n !""#$ The %&S& 'eartment of ducation reorted

that almost *"+ of ublic school students reort

having been the target of some sort of sexualharassment by a school emloyee&

,ctually$ according to this reort$ sexual abuse byteachers is 100 times more fre-uent than sexual

abuse by riests&



Sexual HarassmentSexual Harassment is a form of se( %iscrimination that is &rotecte%

un%er Title I0 of the 1%ucation Amen%ments of )#2"*

The U*S* De&artment of 1%ucation states that two ty&es ofse(ual harassment are reco'ni3e% un%er the law4

Quid pro quo harassment- when a teacher or school em&loyee

causes a stu%ent to believe that he or she must &artici&ate in anyunwelcome se(ual con%uct for fear that he or she may be e(clu%e%from a school activity or that the em&loyee will ma5e e%ucational%ecisions base% on whether or not the stu%ent succumbs to theunwante% se(ual con%uct*

Hostile Environment- a situation in which the se(ual harassment is

so severe an% consistent that it interferes with the stu%ent6s ability to&artici&ate in or benefit from an e%ucational &ro'ram, or creates anenvironment in which the stu%ent is fearful an% intimi%ate% by the&er&etrator*



Sexual .isconduct vs&

Sexual ,buse

Un%er fe%eral law, sexual misconduct becomes sexual abuse when the

&er&etrator7

)! causes a &erson to en'a'e in a se(ual act throu'hthreatenin' a &erson or causin' fear in the &erson or

"! en'a'es in a se(ual act with a &erson who iseither a! unable to un%erstan% the nature of the act orone who is b! &hysically inca&able of %eclinin'&artici&ation in the act or is unable to communicatetheir unwillin'ness to &artici&ate in the se(ual act*



Protection from Sexual Harassment

comes from several laces/

I* Title I0 of the 1%ucation Amen%ment Acts

of )#2" &rohibits institutions receivin'

financial assistance from %iscrimination

base% on se(*II* Statute 8)#- or the 9ivil Action for the

De&rivation of :i'hts &rotects the civil

ri'hts of stu%ents



Title 0 Court Cases

Franklin vs. Gwinnett County Public Schools-

The &laintiff in this case invo5e% &rotection from

Title I0, &reviously only 'iven to entities an% not

in%ivi%uals* The Su&reme 9ourt %eci%e% thatse(ual harassment by teachers %i% constitute

%iscrimination an% therefore monetary %ama'es

coul% be awar%e%*



Title 0 Court Cases (con’t)

Gebser vs. Lago Vista I.S.D.; A stu%ent sue%

her school %istrict claimin' that the school %istrict

violate% her civil ri'hts* She state% this was %ue

to the fact that the accuse% teacher was anem&loyee of the %istrict, ma5in' the %istrict liable

for his behavior, an% because the %istrict %i% not

have a se(ual harassment &olicy in &lace* The

Su&reme 9ourt conten%e% that the %istrict wasnot liable unless an official of the %istrict new of

the harassment an% %i% nothin' about it*



Statute 1*234 Court Case

Doe vs. Tayler I.S.D*; a stu%ent state% that

her constitutional ri'hts ha% been violate%,

an% instea% of see5in' re%ress un%er state

law, she conten%e% that the U*S* 9onstitution&rotects her from &hysical an% se(ual abuse

while in school* The <ifth 9ircuit 9ourt

a'ree%*



Prominent cases in the me%ia havebrou'ht attention to the 'rowin'

e&i%emic of se(ual harassment by

teachers in our &ublic schools*



The State of 5ashington vs&

.ary 6ay 7atourneauThis case involves a sexual

relationship between a 6th gradeteacher, Mary Kay Latourneau (age

34, and her student, !ili "ualaau (age#3$ %&ter giving birth to the couple's&irst child, Latourneau plead guilty to

counts o& second degree statutoryrape and was sentenced to )*+onths in prison which was

suspended to 6 +onths in county ail$he was released early but violated

her probation by seeing "ualaau andwas sent to bac. prison &or the entire

sentence$ /n #**) Latourneau gavebirth to the couple's second child$

%&ter her release &ro+ prison,Latourneau and "ualaau were wed on

May 0, 001$



The State of 8lorida vs&

'ebra 7afave

This case involves " yearol% Debra Lefave who waschar'e% with two counts of

statutory ra&e after havin' a

se(ual relationshi& with her)/ year ol% stu%ent* Lafave

&lea% 'uilty an% wassentence% to three years ofhouse arrest seven years of

&robation* She currentlyremains on &robation*



Sexual Harassment Prevention

While loo5in' at the characteristics of offen%ers, s&ecific casesinvolvin' se(ual harassment, an% the &rotection that Title I0offers 'ives a 'reat %eal of information on the to&ic of se(ualharassment by teachers, ste&s nee% to be ta5en at the schoolan% %istrict level to e%ucate% stu%ents an% teachers on se(ual

harassment* Stu%ents nee% to have a safe &lace to 'o to re&ortse(ual harassment by teachers without the fear of retribution orembarrassment* Teachers nee% to4 )! un%erstan% the seriousness of such actions an% shoul%

un%er'o s&ecific trainin' %urin' teacher in;service %ays thata%%ress the conse=uences of such behavior an%

"! to be aware of the warnin' si'ns that a stu%ent issufferin' from se(ual abuse from a teacher*



5arning Signs of Sexual Harassment

by Teachers

)! a teacher e(hibitin' overly affectionatebehavior towar%s a stu%ent

"! a teacher en'a'in' in ina&&ro&riate or non;

e%ucation relate% contact with a stu%entsuch as a teacher havin' stu%ent6s over totheir house or 'oin' to activities outsi%e ofschool that are not relate% to the e%ucationof the stu%ent

! a teacher usin' ina&&ro&riate se(ualcomments or actions such as tellin' se(ual >o5es or touchin' a stu%ent6s bo%y or hair*



9 Things Teachers Can 'o

)! &ay attention

"! solicit su&&ort from &arents

! trust your 'ut an% as5 =uestions

/! follow school &olicies

?! un%erstan% the state laws re'ar%in'

se(ual harassment of stu%ents*

@@T+ P:+T19T STUD1NTS, S9++L DIST:I9TS

S+ULD AB1 9L1A:LC STAT1D AND 1<<19TIB1

P+LI9I1S :1A:DIN S10UAL A:ASSE1NT@@

William Allan Kritsonis, PhD-Sexual Haressment Ppt

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