Compliant policies and training of school employees, students, and stakeholders are essential for prevention, detection, and appropriate action involving sex discrimination and sexual harassment at school. School Liability Expert Group provides student sexual harassment and Title IX school expert witness services, reports, and testimony to attorneys litigating these issues. While a school can’t be expected to stop all instances of sexual harassment completely, they must put in place policies that follow Title IX regulations and meet the professional standard of care in addressing any sexual harassment reports. School Liability Expert Group conducts reviews of attorneys’ cases for standards violations and deliberate indifference to student rights resulting in harm. Our experts review school and educational institutions to evaluate program quality and compliance, including sexual harassment and Title IX compliance. Upon completing our evaluation, we can offer recommendations to attorneys to streamline Title IX strategies and lower any risk of litigation. Sexual harassment at school must be met with a prompt response to prevent repeat occurrences.
What Qualifies as Student Sexual Harassment?
Title IX of the Education Amendments of 1972 strictly prohibits sexual harassment and sex discrimination at an educational institution. Understanding what qualifies as sexual harassment is vital to defining school liability in litigation matters. Not all behavior with sexual connotations is considered to be at the level of sexual harassment. The instances of unwanted sexual behavior must be so severe and pervasive that it creates a hostile learning environment for the student. In other words, if the unwanted sexual interactions interfere with a student’s education, it constitutes sexual harassment at school under Title IX. That being said, one-time incidents can also qualify as sexual harassment if the behavior is severe enough to meet the criteria of adversely affecting a student’s education. A student sexual harassment and Title IX school expert can offer reports and other witness services to render their expert opinion on whether sexual harassment occurred on campus and school liability.
Title IX regulations regarding sex discrimination apply to students at all levels of education, from daycares to middle schools to higher education institutions that receive federal funding. The guidance provided by Title IX is specifically crafted to enable schools and their employees to not only identify sexual harassment at school but also take the proper steps to prevent it in the first place. It is important to note that age is especially relevant in determining whether sexual harassment occurred. For example, staff harassing or sexually abusing students would apply here, and a high school student inappropriately touching another student would likely also constitute sexual harassment. However, a kindergartener kissing another classmate on the cheek one time would not qualify as sexual harassment, as that student’s age informs the intent behind the behavior.
Moreover, Title IX clearly defines school obligations in their response to reports of sexual harassment and sex discrimination. While schools and their administrators have flexibility in how they choose to discipline students who perpetrate sexual harassment at school, there must be a timely responsive action that meets the professional standard of care that could reasonably be expected to prevent the recurrence of sexual harassment. A student sexual harassment and Title IX school expert can advise on whether your client’s disciplinary policies meet the standard of care expected of schools. Additionally, Title IX regulations only apply to disciplinary issues that rise to the level of sexual harassment and discrimination. For minor problems that are not severe, schools may rely on their policies to respond to the situation.
Interpreting Sex Discrimination According to Title IX
Sexual harassment at school is considered to be one form of discrimination based on sex. However, Title IX of the Education Amendments of 1972 aims to eliminate gender-based discrimination. In addition to sexual harassment, this form of discrimination includes but is not limited to discrimination based on pregnancy, failure to provide equal athletic or educational opportunities, and disparate disciplinary procedures.
This last example is especially relevant to cases where your client has been accused of sexual harassment. Frequently, reports of sexual harassment by a male student are taken less seriously than those reported by a female student. Schoosl or other educational institution must take all allegations of sexual harassment at school earnestly, providing prompt, responsive action in all cases where it is determined sexual harassment took place. If your client needs assistance formulating policies to determine whether sexual harassment occurred, book a call with a student sexual harassment and Title IX school expert at School Liability Expert Group.
Many instances of sex discrimination at school occur because of a lack of awareness of the issue. Training programs for both faculty and students can prevent unintentional discrimination. Teachers should be made aware of the differences between student conflict, bullying, harassment, and discrimination to report any witnessed issues accurately. Teachers must report sexual harassment at school if it occurs under their supervision. Whether your clients are schools or some other form of educational institutions, they are required to have a designated Title IX Coordinator to oversee the process from accusation to case completion.
Talk With a Student Sexual Harassment Expert and Title IX School Expert
School Liability Expert Group is a team of court-qualified experts in education management consulting and witness services for both plaintiff and defense attorneys. We also offer consultation services to schools and agencies tasked with the care of children as well as to parents regarding sexual harassment at school, sex discrimination, and other educational issues. Our trustworthy, reliable firm has assisted on a diversified set of cases throughout the United States; explore our testimonials to learn more about how our work has positively affected our clients.
The number one reason schools lose lawsuits related to harassment and bullying is because they were made aware of an allegation and failed to take any action or were extremely delayed in their response. As a result, the school is held liable for negligence. Our team has a proven process to conduct a complete review of your client’s harassment case, identifying whether the school met the standard of care in its reaction to any accusations of sexual harassment. Talk with an attorney about sex discrimination and sexual harassment at school.