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Davis v. Monroe County Board of Education (1999)

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Davis v. Monroe County Board of Education (1999)

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•       Private action may be taken against the school board when indifference is taken by the school regarding a sexual harassment case.

•       The harassment must be so severe, pervasive, and objectively offensive that it denies the victim access to school benefits and opportunities.

Davis v. Monroe County Board of Educ., 526 U.S. 629 (1999).

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Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

O'Connor, Sandra Day, and Supreme Court Of The United States. U.S. Reports: Davis v. Monroe County Bd. Of Ed., 526 U.S. 629. 1998. Periodical. https://www.loc.gov/item/usrep526629/.

APA citation style:

O'Connor, S. D. & Supreme Court Of The United States. (1998) U.S. Reports: Davis v. Monroe County Bd. Of Ed., 526 U.S. 629. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep526629/.

MLA citation style:

O'Connor, Sandra Day, and Supreme Court Of The United States. U.S. Reports: Davis v. Monroe County Bd. Of Ed., 526 U.S. 629. 1998. Periodical. Retrieved from the Library of Congress, <www.loc.gov/item/usrep526629/>.

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U.S. Reports: Davis v. Monroe County Bd. Of Ed., 526 U.S. 629 (1999).

# data[].attributes.attachment_link.description
Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate. O'Connor, Sandra Day, and Supreme Court Of The United States. U.S. Reports: Davis v. Monroe County Bd. Of Ed., 526 U.S. 629. 1998. Periodical. https://www.loc.gov/item/usrep526629/. O'Connor, S. D. & Supreme Court Of The United States.

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Title IX of the Education Amendments of 1972

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Title IX of the Education Amendments of 1972

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•       No individual shall be denied benefits, excluded from participation, or be discriminated against because of their sex.

•       This applies to students who attend any public or private preschool, elementary, secondary, or institution of higher education that receives Federal financial aid.

Education Amendments Act of 1972, 20 U.S.C. §1681 (2018).

https://www.justice.gov/crt/title-ix-education-amendments-1972

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TITLE 20 - Education CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.
Back to top of the page Sec. 1681. Sex
(a) Prohibition against discrimination; exceptions

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:

(1) Classes of educational institutions subject to prohibition

in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;

(2) Educational institutions commencing planned change in admissions

in regard to admissions to educational institutions, this section shall not apply

(A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or

(B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;

(3) Educational institutions of religious organizations with contrary religious tenets

this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;

(4) Educational institutions training individuals for military services or merchant marine

this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine;

(5) Public educational institutions with traditional and continuing admissions policy

in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex;

(6) Social fraternities or sororities; voluntary youth service organizations

this section shall not apply to membership practices -

(A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of title 26, the active membership of which consists primarily of students in attendance at an institution of higher education, or

(B) of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age;

(7) Boy or Girl conferences

this section shall not apply to -

(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(B) any program or activity of any secondary school or educational institution specifically for -

(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(ii) the selection of students to attend any such conference;

(8) Father-son or mother-daughter activities at educational institutions

this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and

(9) Institution of higher education scholarship awards in "beauty" pageants

this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.

(b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance

Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: *Provided*, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.

(c)"Educational institution" defined

For purposes of this chapter an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department.

(Pub. L. 92-318, title IX, Sec. 901, June 23, 1972, 86 Stat. 373; Pub. L. 93-568, Sec. 3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L. 94-482, title IV, Sec. 412(a), Oct. 12, 1976, 90 Stat. 2234; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables.

AMENDMENTS
1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. 1976 - Subsec. (a)(6) to (9). Pub. L. 94-482 substituted "this" for "This" in par. (6) and added pars. (7) to (9). 1974 - Subsec. (a)(6). Pub. L. 93-568 added par. (6). EFFECTIVE DATE OF 1976 AMENDMENT
Section 412(b) of Pub. L. 94-482 provided that: "The amendment made by subsection (a) [amending this section] shall take effect upon the date of enactment of this Act [Oct. 12, 1976]." EFFECTIVE DATE OF 1974 AMENDMENT
Section 3(b) of Pub. L. 93-568 provided that: "The provisions of the amendment made by subsection (a) [amending this section] shall be effective on, and retroactive to, July 1, 1972." SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-259, Sec. 1, Mar. 22, 1988, 102 Stat. 28, provided that: "This Act [enacting sections 1687 and 1688 of this title and section 2000d-4a of Title 42, The Public Health and Welfare, amending sections 706 and 794 of Title 29, Labor, and section 6107 of Title 42, and enacting provisions set out as notes under sections 1687 and 1688 of this title] may be cited as the 'Civil Rights Restoration Act of 1987'." TRANSFER OF FUNCTIONS
"Secretary" substituted for "Commissioner" in subsec. (a)(2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of Commissioner of Education to the Secretary of Education. COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the provisions of this chapter by the Attorney General, see section 1-201(b) of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare. REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC ACTIVITIES
Pub. L. 93-380, title VIII, Sec. 844, Aug. 21, 1974, 88 Stat. 612, provided that the Secretary prepare and publish, not more than 30 days after Aug. 21, 1974, proposed regulations implementing the provisions of this chapter regarding prohibition of sex discrimination in federally assisted programs, including reasonable regulations for intercollegiate athletic activities considering the nature of the particular sports. SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1682, 1687 of this title.
Back to top of the page Sec. 1682. Federal administrative enforcement; report to Congressional committees
Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 1681 of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: *Provided, however*, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

(Pub. L. 92-318, title IX, Sec. 902, June 23, 1972, 86 Stat. 374.) DELEGATION OF FUNCTIONS
Functions of the President relating to approval of rules, regulations, and orders of general applicability under this section, were delegated to the Attorney General, see section 1-102 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare. SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1683 of this title.
Back to top of the page Sec. 1683. Judicial review
Any department or agency action taken pursuant to section 1682 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 1682 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title.

(Pub. L. 92-318, title IX, Sec. 903, June 23, 1972, 86 Stat. 374.) CODIFICATION
"'Section 1682 of this title"', where first appearing, was substituted for "section 1002" as conforming to intent of Congress as Pub. L. 92-318 was enacted without any section 1002 and subsequent text refers to "section 902", codified as "section 1682 of this title".
Back to top of the page Sec. 1684. Blindness or visual impairment; prohibition against discrimination
No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment.

(Pub. L. 92-318, title IX, Sec. 904, June 23, 1972, 86 Stat. 375.)
Back to top of the page Sec. 1685. Authority under other laws unaffected
Nothing in this chapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

(Pub. L. 92-318, title IX, Sec. 905, June 23, 1972, 86 Stat. 375.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables.
Back to top of the page Sec. 1686. Interpretation with respect to living facilities
Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.

(Pub. L. 92-318, title IX, Sec. 907, June 23, 1972, 86 Stat. 375.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. This Act, referred to in text, is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended, known as the Education Amendments of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Back to top of the page Sec. 1687. Interpretation of "program or activity"
For the purposes of this subchapter, the term "program or activity" and the term "program" mean all of the operations of -

(1)
(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)
(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;

(3)
(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship -

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of section 1681 of this title to such operation would not be consistent with the religious tenets of such organization.

(Pub. L. 92-318, title IX, Sec. 908, as added Pub. L. 100-259, Sec. 3(a), Mar. 22, 1988, 102 Stat. 28.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. FINDINGS OF CONGRESS
Section 2 of Pub. L. 100-259 provided that: "The Congress finds that -
"(1) certain aspects of recent decisions and opinions of the Supreme Court have unduly narrowed or cast doubt upon the broad application of title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]; and

"(2) legislative action is necessary to restore the prior consistent and long-standing executive branch interpretation and broad, institution-wide application of those laws as previously administered."
CONSTRUCTION
Section 7 of Pub. L. 100-259 provided that: "Nothing in the amendments made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to extend the application of the Acts so amended [Education Amendments of 1972, Pub. L. 92-318, see Short Title of 1972 Amendment, set out as a note under section 1001 of this title, Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., and Civil Rights Act of 1964, 42 U.S.C. 2000a et seq.] to ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act [Mar. 22, 1988]." ABORTION NEUTRALITY
This section not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100-259, set out as a note under section 1688 of this title.
Back to top of the page Sec. 1688. Neutrality with respect to abortion
Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.

(Pub. L. 92-318, title IX, Sec. 909, as added Pub. L. 100-259, Sec. 3(b), Mar. 22, 1988, 102 Stat. 29.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. CONSTRUCTION
This section not to be construed to extend application of Education Amendments of 1972, Pub. L. 92-318, to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, set out as a note under section 1687 of this title. ABORTION NEUTRALITY
Section 8 of Pub. L. 100-259 provided that: "No provision of this Act or any amendment made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal Funds [sic] to perform or pay for an abortion."

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Title Ix Of The Education Amendments Of 1972

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TITLE 20 - Education CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.

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•       An educator shall not engage or solicit a romantic or sexual relationship with a student.

•       An educator will not mistreat, neglect, or abuse a student.

•       An educator will be of good moral character.

•       An educator will maintain appropriate professional relationships with students.

•       An educator will refrain from inappropriate communication with a student including phone, texts, emails, or other social media.

19 Tex. Admin. Code §247.2

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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·      Texas Penal Code §21.12 prohibits improper relationships between educators and students.

·       This law seeks to criminalize all forms of sexual conduct and intercourse between employees and any student regardless of age.

·      This applies to employees of primary and secondary schools.

Tex. Penal Code §21.12

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm

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PENAL CODE



TITLE 5. OFFENSES AGAINST THE PERSON



CHAPTER 21. SEXUAL OFFENSES



Sec. 21.01. DEFINITIONS. In this chapter:


(1) "Deviate sexual intercourse" means:


(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or


(B) the penetration of the genitals or the anus of another person with an object.


(2) "Sexual contact" means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.


(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.


(4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.124, eff. September 1, 2005.


Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN. (a) In this section, "child" has the meaning assigned by Section 22.011(c).


(b) A person commits an offense if:


(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and


(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.


(c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws:


(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually;


(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;


(3) sexual assault under Section 22.011;


(4) aggravated sexual assault under Section 22.021;


(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4);


(6) sexual performance by a child under Section 43.25;


(7) trafficking of persons under Section 20A.02(a)(7) or (8); and


(8) compelling prostitution under Section 43.05(a)(2).


(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.


(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c):


(1) is charged in the alternative;


(2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or


(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b).


(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.


(g) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than five years older than:


(A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or


(B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim;


(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and


(3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c).


(h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.


Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.17, eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.04, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 31, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 2, eff. September 1, 2017.


Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472.



Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.


(b) An offense under this section is a Class C misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.07. PUBLIC LEWDNESS.


(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:


(1) act of sexual intercourse;


(2) act of deviate sexual intercourse; or


(3) act of sexual contact.


(b) An offense under this section is a Class A misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 1, eff. September 1, 2017.


Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.


(b) An offense under this section is a Class B misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.09. BESTIALITY. (a) A person commits an offense if the person knowingly:


(1) engages in an act involving contact between:


(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or


(B) the person's anus or genitals and the mouth of the animal;


(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;


(3) causes an animal to contact the seminal fluid of the person;


(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;


(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);


(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);


(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);


(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;


(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or


(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).


(b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree.


(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice.


Added by Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 2, eff. September 1, 2017.


Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:


(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or


(2) with intent to arouse or gratify the sexual desire of any person:


(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or


(B) causes the child to expose the child's anus or any part of the child's genitals.


(b) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than three years older than the victim and of the opposite sex;


(2) did not use duress, force, or a threat against the victim at the time of the offense; and


(3) at the time of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.


(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.


(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:


(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or


(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.


(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 1, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 32, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 3, eff. September 1, 2017.


Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (a) An employee of a public or private primary or secondary school commits an offense if the employee:


(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;


(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:


(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or


(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or


(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.


(b) An offense under this section is a felony of the second degree.


(b-1) It is an affirmative defense to prosecution under this section that:


(1) the actor was the spouse of the enrolled person at the time of the offense; or


(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.


(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.


Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 1, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 772 (H.B. 3659), Sec. 1, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 2, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 3, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 1, eff. September 1, 2017.


Sec. 21.15. INVASIVE VISUAL RECORDING. (a) In this section:


(1) "Female breast" means any portion of the female breast below the top of the areola.


(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.


(3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.


(4) "Promote" has the meaning assigned by Section 43.21.


(b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:


(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;


(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or


(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).


(c) An offense under this section is a state jail felony.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.


Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 306 (H.B. 1804), Sec. 1, eff. September 1, 2007.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 1, eff. June 18, 2015.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 2, eff. June 18, 2015.


Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (a) In this section:


(1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.


(2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.


(3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.


(4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.


(5) "Visual material" means:


(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or


(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.


(b) A person commits an offense if:


(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;


(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;


(3) the disclosure of the visual material causes harm to the depicted person; and


(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:


(A) any accompanying or subsequent information or material related to the visual material; or


(B) information or material provided by a third party in response to the disclosure of the visual material.


(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:


(1) in return for not making the disclosure; or


(2) in connection with the threatened disclosure.


(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.


(e) It is not a defense to prosecution under this section that the depicted person:


(1) created or consented to the creation of the visual material; or


(2) voluntarily transmitted the visual material to the actor.


(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that:


(1) the disclosure or promotion is made in the course of:


(A) lawful and common practices of law enforcement or medical treatment;


(B) reporting unlawful activity; or


(C) a legal proceeding, if the disclosure or promotion is permitted or required by law;


(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of:


(A) the person's intimate parts; or


(B) the person engaging in sexual conduct; or


(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.


(g) An offense under this section is a state jail felony.


(h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 3, eff. September 1, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(b), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1354 (H.B. 98), Sec. 2, eff. September 1, 2019.


Sec. 21.17. VOYEURISM. (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.


(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.


(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.


(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.


(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 676 (H.B. 207), Sec. 1, eff. September 1, 2015.


Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(35), eff. September 1, 2017.


Sec. 21.18. SEXUAL COERCION. (a) In this section:


(1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c).


(2) "Sexual conduct" has the meaning assigned by Section 43.25.


(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:


(1) intimate visual material;


(2) an act involving sexual conduct causing arousal or gratification; or


(3) a monetary benefit or other benefit of value.


(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:


(1) intimate visual material; or


(2) an act involving sexual conduct causing arousal or gratification.


(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.


(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(c), eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 4(b), eff. September 1, 2017.


Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16.


(b) A person commits an offense if the person knowingly transmits by electronic means visual material that:


(1) depicts:


(A) any person engaging in sexual conduct or with the person's intimate parts exposed; or


(B) covered genitals of a male person that are in a discernibly turgid state; and


(2) is not sent at the request of or with the express consent of the recipient.


(c) An offense under this section is a Class C misdemeanor.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


Added by Acts 2019, 86th Leg., R.S., Ch. 848 (H.B. 2789), Sec. 1, eff. September 1, 2019.

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PENAL CODE TITLE 5. OFFENSES AGAINST THE PERSON CHAPTER 21. SEXUAL OFFENSES Sec. 21.01. DEFINITIONS. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object.

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•       Employees will not engage in sexual harassment with other employees, student teachers or students.

•       Sexual harassment is considered a form of discrimination and is prohibited by law.

•       Inappropriate social and romantic relationships between students and employees are prohibited.

•       Employees who believe a student may have fallen victim to prohibited sexual harassment are required to report their concerns to the campus principal.

Frisco ISD (2020).  Frisco ISD Employee Handbook, p. 43-44.

https://drive.google.com/file/d/1PN8_PtqU2COr1fB8IsEyDDsGOgUzeu3T/view?usp=sharing

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As an administrator, it is important to have clear guidelines and expectations for all employees in the educational setting. This training is for employees in a K-12 setting.

The focus of this presentation is on sexual harassment from an employee to any student, regardless of age.

This sexual harassment information is imperative for all employees in the K-12 school environment.  Sexual harassment is something that is very prevalent in the school system and is unacceptable.  Students need to know that school is a safe place and they can trust the adults who work there.

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Sexual harassment is commonly found at every stage of education.  A study conducted on students in 8th-11th grade found that 38% of students were harassed by teachers or school employees ("Statistics of", 2020).  It is an employees responsibility to keep all students safe.  This includes ensuring that improper relationships do not develop between employees and students.

With the surge of technology, employees need to take extra precautions when communicating with students.  This includes social media platforms and video sharing.  The recent concerns surround the 70% of teens who hide their online activity from their parents (Harper, 2019).  This allows for predators to take advantage of students.

Harper, A. (2019, September).  Should teachers and students connect through social media?  Education Dive.  Retrieved from https://www.educationdive.com/news/should-teachers-and-students-connect-through-social-media/562368/

Statistics of sexual harassment (2020).  K12 Academics.  Retrieved from https://www.k12academics.com/education-issues/sexual-harassment/statistics#:~:text=62%25%20of%20female%20college%20students,someone%20personally%20who%20was%20harassed.&text=80%25%20of%20students%20who%20experienced,another%20student%20or%20former%20student.

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The National Education Association opposed Betsy DeVos's proposal to overhaul Title IX's protection against sexual harassment and assault in schools ("NEA opposes", 2019).

NEA President Lily Esklsen Garcia (2019) stated "the proposed Title IX rules would actually direct K-12 schools to shield harassing behaviors and discourage young students from coming forward about sexual harassment and assault (para. 2)."

Educators play an important role of protecting students against sexual harassment and abuse, but the proposed changes do the opposite. This resource informs the reader on the educators viewpoint concerning sexual harassment claims.

NEA opposes Ed Department’s proposed Title IX changes that ‘defy logic’ (2019, February). National Education Association.  Retrieved from http://www.nea.org/home/74556.htm

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DeVos wants to deny students legal protections against sexual harassment in our K-12 schools

The National Education Association, the nation's largest union representing more than 3 million educators, submitted comments this week to the Department of Education opposing Betsy DeVos's proposed overhaul of Title IX protections against sexual harassment and assault in schools and college campuses. Most of the media attention on the Education Department's proposed overhaul has focused on how colleges should adjudicate sexual assault allegations, with far less attention given to the profound impact these regulations would have on the 50 million children who attend K-12 schools. The proposed rules would mean that schools would not focus on protecting even our youngest students from sexual harassment, but instead would shield harassing behaviors and discourage reporting of harassment and assault.

The following can be attributed to NEA President Lily Eskelsen García:

"The Education Department is charged with protecting our students' civil rights and ensuring that our schools are safe and inclusive for all students. But the proposed Title IX rules would actually direct K-12 schools to shield harassing behaviors and discourage young students from coming forward about sexual harassment and assault.

"Betsy DeVos is literally proposing regulations that would mean your six-year-old daughter would have to endure more extreme levels of harassment in school before she has a viable complaint under Title IX than an adult woman would have to tolerate in her office in order to have a similar claim for workplace harassment. The proposed changes to Title IX are shocking, offensive and defy logic.

"K-12 educators play a vital role in promoting the social, emotional and intellectual development of our youngest students. Educators are uniquely situated to disrupt the perpetuation of abusive behaviors and sex discrimination in school. We need policies that support educators as they work to foster healthy attitudes about sex and gender, and to help students build respectful relationships with peers during developmentally critical years.

"But Devos's proposed rules do the exact opposite. They would deny schools the flexibility and incentives to prevent and address harassment early in age-appropriate ways. Instead, the rules would impose rigid procedural requirements for resolving harassment complaints. Classrooms are not courtrooms. The goal of our schools should be to protect our students who face sexual harassment and educate those who engage in it, not manage complicated adversarial proceedings that pit students against each other, re-victimize students who have faced harassment, and discourage other student survivors from coming forward.

"K-12 educators want policies that support their ability to develop inclusive, supportive and safe classroom environments that will have a positive and long-lasting impact on students through K-12 and into their postsecondary experiences and adulthood. Once again, the DeVos Education Department is failing our students and the educators committed to protecting them. The National Education Association will continue to advocate on behalf of students, educators and communities for the protections they deserve."

Follow on Twitter at @NEAmedia and @Lily_NEA

Keep up with the conversation on social media at #DeVosFail

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The National Education Association is the nation's largest professional employee organization, representing more than 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers. Learn more at www.nea.org

CONTACT: Staci Maiers, NEA Communications
202-270-5333 cell, smaiers@nea.org

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NEA opposes Ed Department's proposed Title IX changes that 'defy logic'

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The National Education Association, the nation's largest union representing more than 3 million educators, submitted comments this week to the Department of Education opposing Betsy DeVos's proposed overhaul of Title IX protections against sexual harassment and assault in schools and college campuses.

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The Trump administration ruled in favor of the new guidelines on how schools respond to sexual harassment and assault under Title IX (Blad, 2020).

The new rule provides a stricter definition of sexual harassment (Blad, 2020).  Sexual harassment is an "unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity  (Blad, 2020)."

Key Provisions Include:
• schools respond when they have actual knowledge of a complaint.

• schools respond when harassment occurs in the education program or activity.

• parents are permitted to file complaints on their student's behalf.

• primary and secondary schools are not required to hold hearings.

• supportive measures will be provided to students, with or without a formal complaint.

Blad, E. (2020, May).  Title IX rule details how K-12 schools must address sexual harassment, assualt.  Education Week.  Retrieved from https://blogs.edweek.org/edweek/campaign-k-12/2020/05/title-ix-rule-final-devos-sexual-harassment.html

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The Trump administration released a new rule Wednesday that outlines when and how schools must respond to reports of sexual assault and harassment under Title IX, the federal law that prohibits sex discrimination.

Among the biggest changes: Schools can now shift the threshold that officials use to decide if an assault claim requires a response, from the "preponderance of evidence" standard set under the Obama administration to a "clear and convincing evidence" standard, which is a higher bar to prove claims of misconduct.

The changes came after several years of meetings with assault survivors, "falsely accused" students, advocacy groups, and educators, U.S. Secretary of Education Betsy DeVos told reporters as she announced the rule.

"Ultimately, our action today brings us closer to fulfilling Title IX's promise: equal access to education for all students," she said.

The rule defines sexual harassment as "unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity," a stricter definition than is used in employment law. Schools will be found in violation of Title IX if they are "deliberately indifferent" to such conduct.

The rule replaces an Obama-era civil rights directive that DeVos revoked in September 2017, when she said that rule didn't do enough to protect the due-process rights of the accused. DeVos has also criticized the Obama administration for releasing guidance documents, outlining its interpretation of civil rights laws without seeking public commen through a formal rulemaking process. The new regulations carry more legal weight than the previous guidance.

While discussion about the Title IX rule has largely centered on colleges and universities, the changes will also affect K-12 schools, putting them on notice about how the Education Department intends to enforce the gender nondiscrimination law. In response to public comments on a draft rule released in November 2018, the agency made some changes to its final rule.

"We've made number of changes to make sure there is a recognition of the differences between public school kids and college students," Assistant Secretary for Civil Rights Kenneth Marcus said.

Among the key provisions for K-12 schools:

Schools are required to respond when they have "actual knowledge" of a complaint of sexual harassment, which can include a report to any employee of an elementary or secondary school. That's compared to the Obama administration guidance, which held schools responsible for incidents they "reasonably should" have been aware of. The recent draft rule had more narrowly limited that reporting responsibilty to Title IX coordinators. Survivors' advocacy groups say students are often unaware of their rights, and many schools don't sufficiently publicize who coordinate their Title IX reponse.

Schools must respond when harassment occurs "in the school's education program or activity." After the draft rule, survivors'advocates raised alarms that off-campus conduct can disrupt education for students. The final rule expands the definition of "program or activity" to include "locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context in which the sexual harassment occurs." But advocates said that definition still left some gray areas: like online harassment.

The final rule allows parents or guardians of K-12 students to file complaints on their behalf, and requires parental notification of complaints against their children.

Unlike colleges and universities, elementary and secondary schools are not required to hold hearings on student complaints.

The rule requires schools to provide "supportive measures" to students, with or without a formal complaint. That might include providing counseling or changing class schedules to avoid sharing a classroom with the accused, DeVos said.

Sen. Lamar Alexander, R-Tenn., the chairman of the Senate education committee, praised the changes.

"This final rule respects and supports victims and preserves due process rights for both the victim and the accused," Alexander said in a statement. "For example, the rule ensures victims get the support they need to change classes or dorms if they allege they have been sexually assaulted or sexually harassed and the rule ensures the victim and the accused get a fair hearing to resolve such allegations.

Advocacy groups, who say elementary and secondary schools already struggle to adequately and consistently respond to students' reports of sexual assault and harassment, have long anticipated the changes.

Groups like the American Psychological Association said Wednesday they feared the new evidentiary standard in the final rule would make it more difficult for students to prove their claims. The National Women's Law Center threatened to sue to block the regulations.

Washington Sen. Patty Murray, the ranking Democrat on the Senate education committee, panned the changes.

"Let me be clear: this rule is not about 'restoring balance,' this is about silencing survivors," Murray said in a statement. "This rule will make it that much harder for a student to report an incident of sexual assault or harassment-and that much easier for a school to sweep it under the rug."

Some have also questioned the timing of the new directive. An coalition of 209 education and advocacy groups wrote to DeVos in March, urging her to pause the rulemaking process as schools, colleges, and universities confront unprecedented challenges related to the coronavirus pandemic.

"Moving forward now with a new Title IX rule would only exacerbate these challenges by diverting schools' already sharply limited resources toward creating complex new policies and training employees on implementation, at a time when schools are already working to radically shift their programs and meet student needs, even while staff operate remotely," that letter said.

Marcus said Wednesday that administrators should have anticipated the new rule, which has been in the review process for months. He said the Education Department would begin enforcing the directive Aug. 14, giving schools "an unusually long period of time" to comply and train employees on the changes.

Some who had advocated for a delay said Wednesday that time frame is still too tight.

Title IX rules go into effect in August. What does that mean for districts? In theory, districts should begin to start to update handbooks, re-do PD, etc. and find time/resources to do this DURING A PANDEMIC. Not a great time for substantive and unnecessary policy changes.
- Sasha Pudelski AASA (@SPudelski) May 6, 2020
Don't miss another Politics K-12 post. Sign up here to get news alerts in your email inbox. Follow us on Twitter And follow the Politics K-12 reporters @EvieBlad @Daarel and @AndrewUjifusa.

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Title IX Rule Details How K-12 Schools Must Address Sexual Harassment, Assault

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The Trump administration released a new rule Wednesday that outlines when and how schools must respond to reports of sexual assault and harassment under Title IX, the federal law that prohibits sex discrimination.

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Education Dive- Reports of Sexual Assault 

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Education Dive- Reports of Sexual Assault 

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A 2018 survey, from the National Center for Educations Statistics', reveals that 5.2% of the surveyed 2,762 K-12 schools reported at least one incident of sexual assault (Harper, 2019). The increase in reports came right after the "#MeToo" movement.

With the growth in sexual harassment and assault, schools should teach proper behavior and responses to students (Harper, 2019).  Sexual education should begin earlier due to the drop in the age of puberty (Harper, 2019).

School Employees need proper training, under Title IX, so they are prepared to deal with the reporting and response of sexual misconduct (Harper, 2019).

Harper, A. (2019, August).  Reports of sexual assault at schools on the rise, but the reasons are unclear.  Education Dive.  Retrieved from https://www.educationdive.com/news/reports-of-sexual-assault-at-schools-on-the-rise-but-the-reasons-are-uncle/560112/

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Texas Administrative Code-Educators' Code of Ethics

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Texas Administrative Code-Educators' Code of Ethics

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Standard 3.6: The educator shall not solicit or engage in sexual misconduct or a romantic relationship with a student or minor.

This standard clearly prohibits sexual misconduct between an educator and a student.  This standard applies to the definition of sexual harassment of a student by an employee.

19 Tex. Admin. Code §247.2

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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What to Do to Stop Sexual Harassment in Schools

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What to Do to Stop Sexual Harassment in Schools

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This resource provides administrators the guidelines needed to preserve an appropriate learning environment for students.  It provides information to guide students, teachers, and parents with the tools they need to become empowered.

Mentell, E. (1993, Novemember).  What to do to stop sexual harassment at school.  ASCD.  Retrieved from http://www.ascd.org/publications/educational-leadership/nov93/vol51/num03/What-to-Do-To-Stop-Sexual-Harassment-at-School.aspx

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November 1993 | Volume 51 | Number 3
Character Education Pages 96-97

Edward J. Mentell

Schools must stop ignoring "adolescent behavior" and do their part to eradicate unacceptable talk and actions.

Sexual harassment has been taking place in the schools for years, but only recently has it begun to get the attention it deserves. Some have called such attention an overreaction to normal adolescent behavior, but sexual harassment can inflict deep psychological damage on young people. Two recent incidents have made it clear to me that as educators we must do something to stop it.

A few weeks ago, I was patrolling the cafeteria when Jane, a 7th grader, approached me. "Joey's bothering me; tell him to stop it," she complained. I was about to tell her to ignore it, when my mouth formed the words "What's the problem?" Only with great reluctance, she told me that Joey was spreading a story that she had been to the hospital to get a hot dog removed from her vagina (not the word the boy used).

Joey had not been alone in harassing the young lady. After I talked with the boys involved and notified their parents, the boys delivered a letter of apology to Jane. Jane told them how upset she was to have such a story told about her. Although the boys were not being intentionally hateful, they were ignorant of how their actions were affecting her. They needed to be taught how to decide what comments were appropriate. The harassment occurred partly because they were adolescents and not aware of the rules that govern sexual interactions.

In another recent incident, several boys and girls began calling another girl "ho" (whore), "slut," and "bitch" and started spreading the rumor that she had AIDS. Although the children have now stopped their taunts, she has not forgotten the pain.

A study by the American Association of University Women indicates that 85 percent of girls and 76 percent of boys in grades 8-11 have experienced some form of sexual harassment. In fact, 65 percent of girls and 42 percent of boys have actually been touched, grabbed, or pinched in a sexual way in school (AAUW 1993).

That school systems have a responsibility to ensure that each student can attend school in a safe environment has been made clear by recent court decisions. The Supreme Court reinforced this responsibility when it ruled in February 1992 that students could sue and collect damages for harassment under Title IX of the Education Act of 1972. Students are making use of that right. For example, an 8th grade student in Petaluma, California, filed a lawsuit against her school district for failing to end harassment by her classmates. The suit was settled for $20,000 (Adler 1992).

Guidelines for Administrators

The responsibility for preserving an appropriate learning environment rests primarily with school administrators. Administrators can take several steps to help eliminate sexual harassment in their schools.

1. Make the elimination of sexual harassment a top priority. Empower teachers to take a stand against inappropriate name-calling and sexual comments. Talk about the problem, hold inservices, and bring in guest speakers to show the entire staff that this issue is important and that harassment is not acceptable adolescent behavior. Elicit staff participation in developing and implementing a plan to educate themselves, the students, and the parents about sexual harassment.

2. Educate students about sexual harassment. Students must be taught the difference between friendly teasing and bullying, between flirting and harassment. Behavior expectations must be clearly defined and explained; fair and consistent consequences need to be outlined and reinforced.

3. Get parents involved. Parental involvement is critical to long-term behavior modification. In many cases, parents will need to be educated about sexual harassment and its harmful effects in order to help them identify harassment and respond appropriately. When harassment occurs, parents of victims and perpetrators need to be informed of the details so that the emotional and developmental needs of both parties can be addressed. Family involvement and possibly outside counseling may be needed to avoid long-term emotional damage and to modify inappropriate behavior.

4. Teach students how to deal with harassment. Ignoring the situation can often lead to a cycle of ongoing harassment and victimization. A perpetrator gets an emotional payoff from seeing others afraid and upset. Students must learn to be assertive and establish strong personal boundaries. They must tell their classmates to stop when their behavior is offensive and inappropriate. Bystanders, too, must speak out against harassment when it occurs. If students become moral spectators, there is little hope for change.

If harassment continues, students need to seek help from teachers, counselors, and administrators. Students are often embarrassed to report sexual harassment because of its degrading nature. They need to know that the harassment is not their fault, nor is it a reflection on them. They need to keep asking for help until the harassment stops; it may take two or three interventions before the behavior is modified. That students continue to seek help is in the best interests of all: unresolved conflicts can emotionally damage the victim, harden the consciousness of the perpetrator, and possibly lead to lawsuits for the school system.

Just as a lifeguard listens and looks for the signs of swimmers in danger, administrators must be on constant vigil to protect students from the needless suffering of sexual harassment. School personnel must never turn a deaf ear to students' seemingly trivial cries for help. Sexual harassment is not something young people need to learn to tolerate. Rather, it must be confronted and stopped so that schools can be safe and positive places for children to learn.

References

Adler, J., and D. Rosenberg. (October 19, 1992). "Must Boys Always Be Boys?" Newsweek, 77.

The American Association of University Women. (June 1993). "Hostile Hallways: The AAUW Survey on Sexual Harassment in America's Schools." Researched by Louis Harris and Associates.

Edward J. Mentell is an Assistant Principal in the Green Bay Area School District. He can be reached at 310 Northern Ave., Green Bay, WI 54303.

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What to Do To Stop Sexual Harassment at School

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November 1993 | Volume 51 | Number 3 Character Education Pages 96-97 Edward J. Mentell Schools must stop ignoring "adolescent behavior" and do their part to eradicate unacceptable talk and actions. Sexual harassment has been taking place in the schools for years, but only recently has it begun to get the attention it deserves.

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•   Avoid physical contact with students, especially any touching of private areas.

•   Avoid "friending"  or communicating with students on social media platforms.

•   Do not use inappropriate verbal conduct with students, such as inappropriate jokes or stories.

•   Avoid being alone with a student.

•   Avoid having "favorite" students to do favors.

•   Avoid meeting students off school grounds.

•  Do not treat a student in a manner that affects their learning, or safety.

•  Do not engage in a romantic relationship with a student.

•  DO maintain a professional educator-student relationship.

•   Report any risque behavior to your campus principal.