Legal and Ethical Guide by Christin Whitefield https://padlet.com/cwhitefield1/afmevlgpkj7gulm5 Christin Whitefield en-us 2020-07-17 01:26:33 UTC 2020-07-18 15:22:50 UTC hello@padlet.com https://padlet-uploads.storage.googleapis.com/387342440/135f3297ec02d95acf150561d6acac36/School_Headshot.png Topic cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656523806 This guide is geared to communicate training and policy requirements for K-12 administrators related to sexual harassment and administrators. Administrators must be well-educated and up to date on these requirements to inform and prepare the educators on their campuses properly. ]]> 2020-07-17 01:41:22 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656523806 Original Source of Law cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656524562 Gebser v. Lago Vista Independent School District involves a sexual harassment case between a student and a teacher. A school principal had received complaints from the parents of several students that the teacher had made inappropriate comments during class. During this time, a high school student had a sexual relationship with this teacher and did not report her relationship with the teacher to school officials. After the couple was discovered having sex, the teacher was arrested and the school district terminated his employment. The district had not distributed either an official grievance procedure for lodging sexual harassment complaints or a formal anti-harassment policy. The student and her mother sued the district, raising claims under the violation of Title IX.
https://www.oyez.org/cases/1997/96-1866

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998).

]]> 2020-07-17 01:42:12 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656524562 Summary of Topic cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656524815 “School environment is considered to be one of the safest places for students, but it can be an unsafe environment due to child sexual abuse (SA) and cause students to have various psychosocial problems” (Kocturk, 2020, p. 116). Training and policy requirements related to sexual harassment is important to the field of education because it is an increasing issue that can result in due process cases. Both male and female students are being affected by child abuse incidents in our school environments. Sexual abuse perpetrators can be their peers, teachers, or other school staff (Kocturk, 2020). Educators are legally held liable to stay compliant with their responsibilities regarding sexual harassment incidents and must protect students equally.
Administrators must understand what is required of them at all levels regarding sexual harassment cases in order to hold students, teachers, and other stakeholders to the required standard.

Kocturk, N. (2020). A retrospective study: According to online news, the victims, perpetrators, and characteristics of sexual abuse at schools. Eurasian Journal of Educational Research, 86, 115-133. doi: 10.14689/ejer.2020.86.6 ]]> 2020-07-17 01:42:33 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656524815 Original Source of Law cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656525089 The Texas Education Code says school districts must provide child abuse antivictimization programs in schools. A training program must stay updated on the prevention of child abuse (Tex. Educ. Code § 38.004).
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.004

The Texas Education Code states school districts must approve and implement a policy addressing sexual abuse, sex trafficking, and other maltreatment of children. This policy must be included in the districts information handbook provided to all students and parents (Tex. Educ. Code § 38.0041).
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.0041

The Texas Education Code states school campuses must post a poster with information that includes the Texas Department of Family and Protective Services (DFPS) Abuse hotline telephone number, instructions to call 911, and directions to www.txabusehotline.org. The poster must be in at least one busy area, at student eye-level, and in English and Spanish (Tex. Educ. Code § 38.0042).
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.0042

Tex. Educ. Code § 38.004; 38.0041; 38.0042]]> 2020-07-17 01:42:57 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656525089 Professional Association cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656991044 The American School Counselor Association provides a webinar covering abusive behavior based on race, color, sex, national origin or disability that violates students’ civil rights. The webinar examines court cases that give school counselors legal muscle to advocate on behalf of students. After viewing the webinar, you will be able to explain how to use Title IX legislation to successfully advocate for students in schools and discuss how courts have interpreted Title IX with regard to sexual harassment, bullying, sexual minorities, and ethnic minorities.

American School Counselor Association. (2019, July 11). Title IX: Legal muscle for school counselor advocacy. Retrieved from https://videos.schoolcounselor.org/title-ix-legal-muscle-for-school-counselor-advocacy ]]> 2020-07-17 15:55:52 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/656991044 Current News Article cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657001467 The article, "Evolution of sexting tests school leaders, students,"

informs the current state of issues related to sexual harassment:
- The term "sexting" generally refers to sending or receiving sexually explicit or suggestive images, videos, or messages via a mobile device or the internet.
- The evolution and increase of "sexting" in schools
- Responding to youth "sexting" is now part of our jobs
- Educators and students have landed in trouble for taking and sharing sexual imagery.

Herold, B. (2017, August 22).

Evolution of sexting tests school leaders, students. Education Week. Retrieved from https://www.edweek.org/ew/articles/2017/08/23/evolution-of-sexting-tests-school-leaders-students.html

]]> 2020-07-17 16:11:48 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657001467 Current News Article cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657008760 The article, "Do distressed students have a right to trauma-sensitive schooling?," informs the current state of issues related to sexual harassment:
- Students are being identified with learning disabilities from repeated traumas that complicate their special education needs.
- Schools have a responsibility to consider and mitigate the effects of trauma on learning.
- Research has found repeated exposure to trauma significantly increases children's risks of later mental and physical health disorders, poor academic progress and behavior in school, and other problems.

Sparks, S. D. (2019, September 3).

Do distressed students have a right to trauma-sensitive schooling? Education Week. Retrieved from

https://www.edweek.org/ew/articles/2019/09/04/do-distressed-students-have-a-right-to.html

]]> 2020-07-17 16:22:49 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657008760 Original Source of Law cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657031576 Davis v. Monroe County Board of Education involves a sexual harassment legal case between a student and another student. Davis sued the board on behalf of her 5th grade daughter, LaShonda, alleging that school officials failed to prevent Lashonda suffering sexual harassment at the hands of another student. Davis filed suit against the school board and its employees for the unwelcome sexual advances of another student upon LaShonda that created an intimidating, hostile, offensive and abusive school environment in violation of Title IX.
https://www.oyez.org/cases/1998/97-843

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

]]> 2020-07-17 17:00:47 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657031576 Original Source of Law cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657034099 The Fourteenth Amendment of the U. S. Constitution explains that states should not implement any law that would adjust the privileges of citizens. This claims that students should not be deprived of life, liberty, or property in the school setting. This includes unwanted sexual advances or requests (U.S. Const. amend. XIV).
https://constitution.congress.gov/constitution/amendment-14/

U.S. Const. amend. XIV. ]]> 2020-07-17 17:05:24 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657034099 Local Administrative Law cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657034665 Denton Independent School District (DISD) utilizes Safe Schools videos and training to increase the awareness of issues regarding sexual abuse and other maltreatment of children. DISD employees will be required to complete mandatory training courses that are assigned to meet compliance regulations (Denton Independent School District, 2019).

Denton Independent School District. (2019). Denton ISD Employee Handbook. Retrieved from https://www.dentonisd.org/site/handlers/filedownload.ashx?moduleinstanceid=86904&da taid=104030&FileName=Emp%20Handbook-2019-20-FINAL.pdf]]> 2020-07-17 17:06:29 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657034665 Ethical Principle cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657242971 Section A. 11. Bullying, Harassment and Child Abuse of the American School Counselor Association Ethical Standards for School Counselors states that school counselors must report to the administration all incidents of bullying, dating violence and sexual harassment as most fall under Title IX of the Education Amendments of 1972. School counselors provide services to victims and perpetrator as appropriate, which may include a safety plan and reasonable accommodations such as schedule changes.

ASCA Ethical Standards for School Counselors. (2016). American School Counselor Association. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]> 2020-07-18 00:51:37 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657242971 Non-Law Source cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657243156 Flirting or Hurting?: A Teacher's Guide on Student-To-Student Sexual Harassment in Schools (Grades 6 Through 12) is a helpful book for educators to reference. This guide, written by former classroom teachers, presents an approach to preventing and eliminating sexual harassment in schools. Resources available in the book include lessons, student handouts, activities, assignments, notes, and ideas.

Stein, N. & Sjostrom, L. (1994).

Flirting or Hurting?: A Teacher's Guide on Student-To-Student Sexual Harassment in Schools (Grades 6 Through 12). Retrieved from https://www.worldcat.org/title/flirting-or-hurting-a-teachers-guide-on-student-to-student-sexual-harassment-in-schools-grades-6-through-12/oclc/30915736

]]> 2020-07-18 00:52:05 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657243156 Recommendations & Best Practices for Compliance cwhitefield1 https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657243292 - Complete appropriate training required by the state and district
- Know district policies regarding sexual harassment incidents
- Stay compliant with legal restrictions and requirements
- Actively participate in professional development opportunities that cover sexual harassment
- Avoid dual relationships with colleagues, students, and parents
- Educate students and parents about the expectations and provide them with resources
- Report any sexual harassment activity as necessary ]]> 2020-07-18 00:52:24 UTC https://padlet.com/cwhitefield1/afmevlgpkj7gulm5/wish/657243292