Sexual Harassment: Employee to Student by Claire Molnar https://padlet.com/cmolnar6/mk6tgoc2lggimo0l Legal and Ethical Guide en-us 2020-07-07 20:29:30 UTC 2020-07-13 21:17:21 UTC hello@padlet.com Davis v. Monroe County Board of Education (1999) cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649520068 •       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). 
]]> 2020-07-07 20:38:44 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649520068 Title IX of the Education Amendments of 1972 cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649550814 •       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

]]> 2020-07-07 21:34:06 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649550814 Texas Administrative Code (2018) cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649552237 •       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
]]> 2020-07-07 21:36:41 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649552237 Texas Penal Code (2017) cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649552912 ·      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

]]> 2020-07-07 21:37:45 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649552912 Frisco ISD Employee Handbook 2019-2020 cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649553455 •       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 

]]> 2020-07-07 21:38:45 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/649553455 cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653457668 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.

]]> 2020-07-13 17:26:34 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653457668 cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653471304 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.]]> 2020-07-13 17:44:21 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653471304 National Education Association cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653525227 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]]> 2020-07-13 18:56:24 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653525227 Education Week-Title IX Rule Details cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653546533 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

]]> 2020-07-13 19:27:00 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653546533 Education Dive- Reports of Sexual Assault cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653578886 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/]]> 2020-07-13 20:15:13 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653578886 Texas Administrative Code-Educators' Code of Ethics cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653585910 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]]> 2020-07-13 20:26:03 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653585910 What to Do to Stop Sexual Harassment in Schools cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653591565 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]]> 2020-07-13 20:34:55 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653591565 Recommendations for Employees cmolnar6 https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653604460 •   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.  

]]> 2020-07-13 20:56:53 UTC https://padlet.com/cmolnar6/mk6tgoc2lggimo0l/wish/653604460