SEXUAL HARASSMENT
IN THE SCHOOL ENVIRONMENT
Port Arthur Independent School District
June 23, 2010
Melody G. Chappell
Wells, Peyton, Greenberg & Hunt, L.L.P.
P.O. Box 3708
Beaumont, Texas 77704
E-mail: mchappell@wellspeyton.com
Tel: (409)838-2644
Fax: (409)838-4713
Introduction
• Legal issues in dealing with sexual
harassment by employees and students
• Individual duties to recognize and prevent
harassment in the school environment.
8/12/2009 2
SEXUAL HARASSMENT
OBSERVATIONS:
• REPORTED INCIDENTS ARE INCREASING
• SEXUAL HARASSMENT IS HERE TO STAY,
(news reports and prosecutions seem to be no
deterrent.)
• Districts and employees are being held
responsible for damages resulting from sexual
harassment.
• PREVENTION IS THE BEST TOOL FOR
ELIMINATING SEXUAL HARASSMENT
8/12/2009 3
TWO TYPES OF SEXUAL
HARASSMENT
• QUID PRO QUO • HOSTILE
ENVIRONMENT
• EMPLOYMENT • SEXUAL ADVANCES
(educational) DECISION CREATE AN ABUSIVE
RESULTS FROM WORKING (school)
SUBMISSION TO OR ENVIRONMENT
REJECTION OF
UNWELCOMED
SEXUAL CONDUCT
8/12/2009 4
What do I need to know about
harassment?
• It can cost you your
job.
• It can cost you your
freedom.
• It can get you sued.
• It is bad for the
district.
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WHEN IS IT HARASSMENT?
• It is unwelcomed.
– Would you behave in
this way if a third
person with whom you
had a personal
relationship were
present?
8/12/2009 6
WHEN IS IT HARASSMENT?
• Can women harass
men?
• Can there be same
sex harassment?
• Can I get fired for
telling jokes or
flirting?
8/12/2009 7
Popeye’s Chicken
• Gwen Donaldson
worked at
Popeye’s
restaurant and
complained about
incidents of sexual
harassment by her
direct supervisor.
8/12/2009 8
Supervisor
summarized his
understanding of the
law:
“ I do not care
what she says; I
know the law;
and, in that
regard, You can
say what you
want to say but
you can’t touch.”
8/12/2009 9
WHEN IS IT CROSSING THE
LINE?
• Are you making your
coworkers
uncomfortable?
• Would you do it or
say it in front of your
spouse or significant
other?
8/12/2009 10
DISTRICT OBLIGATIONS:
• EMPLOYER IS OBLIGATED TO KEEP
WORKPLACE FREE FROM SEXUAL
HARASSMENT
• DISTRICT AND ADMINISTRATOR WILL
BE LIABLE IF KNEW OR SHOULD
KNOWN OF CONDUCT AND FAIL TO
TAKE REMEDIAL ACTION
8/12/2009 11
Retaliation just as
illegal as sexual
harassment.
Victim suffers a negative
action as a result of the
harassment.
- Poor Evaluations
- Low Grades
- Denial Work
Opportunities
8/12/2009 12
EMPLOYEE / STUDENT
HARASSMENT/ABUSE
• STUDENTS HAVE A
CONSTITUTIONAL
RIGHT TO BE FREE
FROM SEXUAL
HARASSMENT AND
/OR SEXUAL
ABUSE WHILE
ATTENDING
SCHOOL
8/12/2009 13
NO STRICT LIABILITY FOR
DISTRICT
• DISTRICT MAY BE HELD LIABLE FOR
SUPERVISORY FAILURES RESULTING
IN THE SEXUAL ABUSE OF STUDENTS
IF POLICY-MAKING OFFICIALS ACTED
WITH DELIBERATE INDIFFERENCE TO
THE WELFARE OF SCHOOL CHILDREN
8/12/2009 14
WHAT IS DELIBERATE
INDIFFERENCE
• SCHOOL OFFICIAL HAD ACTUAL
KNOWLEDGE OF ABUSE OR KNOWLEDGE
OF FACTS PLAINLY POINTING TO ABUSE
• OFFICIAL HAS AUTHORITY TO TAKE
CORRECTIVE MEASURES
• OFFICIAL FAILS TO TAKE ACTION THAT WAS
OBVIOUSLY NECESSARY TO PREVENT OR
STOP THE ABUSE; AND
• FAILURE CAUSES CONSTITUTIONAL INJURY
TO CHILD
8/12/2009 15
New standard for
proving actual
knowledge.
Victim may be able to
show actual knowledge
based on prior reports of
abuse of others
students.
8/12/2009 16
Can I be liable for harassment by
coworker?
• Everyone has responsibility to report
sexual abuse of students.
• Supervisors can be held personally liable
for sexual abuse of subordinate.
– Supervisor learned of facts or a pattern of
inappropriate behavior pointing plainly toward
conclusion of sexual harassment of student,
and fails to take action.
8/12/2009 17
Signs of Student Abuse
• Excessive
communication
outside of school;
• Popular teacher and
favoritism;
• Alienation by other
students;
• Special treatment;
tardy passes etc;
• Rumors.
8/12/2009 18
Train Employees to protect
themselves against false claims of
harassment
• Limit one on one student contact in private
setting;
• Maintain a student teacher relationship at
all times.
– You are not the students’ friend.
• Limit non school activities with students.
8/12/2009 19
DISTRICT CAN BE HELD LIABLE
FOR STUDENT TO STUDENT
SEXUAL HARASSMENT OR
ABUSE
• HARASSMENT MUST OCCUR “UNDER
OPERATIONS “ OF THE SCHOOL DISTRICT
AND MUST BE SEVERE, PERVASIVE AND
OFFENSIVE
• DISTRICT IS LIABLE IF ACTS WITH
DELIBERATE INDIFFERENCE
8/12/2009 20
What is sexual harassment among
students?
• Student to student
harassment includes
unwelcome verbal,
physical, or visual
conduct of a sexual
nature that is severe
and pervasive.
8/12/2009 21
Harassment is unwelcomed
conduct.
• Girls can harass boys;
• Harassment can happen between
members of same sex;
– Group of girls spreading sexual rumors about
another girl
• Conduct may be physical, verbal or
nonverbal.
8/12/2009 22
What should I do if I see this type
of student harassment?
• Report it;
• Treat as a discipline issue, consistently;
• If serious refer to campus principal immediately;
• Principal should investigate , choose appropriate
discipline technique; and
– Report to law enforcement if crime has been
committed on campus.
8/12/2009 23
Transgender Discrimination
8/12/2009 24
Logan v. Gary Comm. Sch.
• Transgendered male,
wore girls clothes and
accessories to school.
He asked to wear
dress to prom.
Principal said no to
dress but suggested
woman’s pants suit.
8/12/2009 25
Overview of Harassment
• Employee harassment
• Employee/Student harassment
• Student/Student harassment
8/12/2009 26
What do I do if I suspect
harassment?
• Immediately
investigate
• Protect confidentiality
but do not promise
anonymity
• Protect reporter from
retaliation
8/12/2009 27
Responsibilities of Employees
• Become fully aware of sexual harassment
policies;
• Treat coworkers and students with respect
and dignity;
• Change behavior when given indications
that behavior is offensive or harassing;
and
• Report any misconduct
8/12/2009 28
Responsibilities of Supervisors
• Train staff!!!!!!
• Maintain a high standard of personal conduct
when dealing with all students, employees and
others.
• Ensure that all students and employees are
advised of their rights and responsibilities under
harassment policies.
• Immediately deal with allegations of harassment.
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