Sexual Harassment in the Education Environment: Law and Policy
This paper examines sexual harassment as a form of gender-based discrimination within the education environment. It identifies specific actions that constitute sexual harassment in academic settings—ranging from physical assault to unwelcome verbal conduct—and explains how authority dynamics between educators and students contribute to the problem. The paper surveys relevant case law, including provisions of Title VII of the Civil Rights Act of 1964 and Title IX of the 1972 Education Amendments, as well as the landmark Davis v. Monroe County Board of Education ruling. It concludes by outlining schools' legal and institutional responsibilities to prevent or end sexual harassment through policy formation, grievance procedures, awareness campaigns, and stakeholder collaboration.
- Introduction: Defines sexual harassment and its prevalence
- Actions Constituting Sexual Harassment in the Education Environment: Specific behaviors that constitute the offense
- Case Law Relating to Sexual Harassment in the Education Setting: Title VII, Title IX, and Davis ruling
- Schools' Responsibility to Prevent or End Sexual Harassment: Institutional steps schools must take
✍️ How to write this paper — guide, tools & examples ▾
What makes this paper effective
- Clearly defines sexual harassment at the outset, grounding the discussion in both legal and social dimensions before narrowing to the education context.
- Moves logically from definition to specific actions, then to legal authority, and finally to institutional responsibility — a coherent progression that mirrors how policy analysis is typically structured.
- Grounds claims in concrete legal frameworks (Title VII, Title IX, Davis v. Monroe County) rather than relying solely on general assertions, lending credibility to the argument.
Key academic technique demonstrated
The paper demonstrates effective use of legal citation to support policy claims. By anchoring each section in statute or case law, the author shows how academic arguments about social issues can be made more persuasive through reference to authoritative legal sources rather than opinion alone.
Structure breakdown
The paper comprises four sections. The introduction defines sexual harassment and establishes its prevalence. The second section identifies specific behaviors that constitute the offense in academic settings. The third section surveys governing case law, including Title VII, Title IX, and the Davis ruling. The final section translates legal obligations into concrete institutional steps schools should take. Each section builds directly on the previous one, creating a tight analytical chain from definition through law to remedy.
Introduction
Sexual harassment is one of the most common forms of gender-based discrimination and has spread significantly in recent years, depriving victims of equality and dignity. Generally, sexual harassment involves sexual discrimination that infringes civil rights through unwanted sexual advances, verbal or physical sexual conduct, and requests for sexual favors in a manner that affects a person's work performance or social relations. Victims of this form of gender discrimination typically feel powerless and suffer from low self-esteem, as its most common injuries are emotional. The prevalence of this crime is evident in its current spread across education environments as well as other workplaces.
Actions Constituting Sexual Harassment in the Education Environment
Given its current spread, sexual harassment has become common in the modern education environment. Similar to other workplaces, sexual harassment in the education environment can occur between teachers and their employers. However, students are also vulnerable to sexual harassment to such an extent that it is a serious and real issue across all levels of education — elementary and secondary schools, colleges, and universities (Education Department, 1997). Apart from affecting any student regardless of background, sexual harassment generates considerable physical and emotional effects that influence students' academic performance and realization of career goals.
In light of the increased occurrence of sexual harassment in the education environment, it is increasingly important to identify and understand the actions that contribute to this crime. Some of the actions that constitute sexual harassment in the education environment include physical sexual assault, sexist remarks by an educator regarding a student's clothing or body, demands or suggestions for sexual favors, unwelcome sexual advances by educators or coaches, and repetitive behaviors of a sexual nature (Stier, 2005, p. 13). In most cases, these actions are perpetrated by educators, coaches, or other professionals within the educational setting. This implies that sexual harassment in the education environment is largely an issue of power and authority, as the individual in a position of power tends to be the harasser.
Case Law Relating to Sexual Harassment in the Education Setting
Case law relating to sexual harassment in the education setting is grounded in provisions of the Civil Rights Act of 1964, particularly Title VII, because this form of sexual discrimination breaches those provisions. According to case law, it is illegal for a student to be subjected to discrimination under any academic activity or program, especially one receiving financial assistance from the federal government (Davis v. Monroe County Board of Education, 1999). Educational institutions may be held liable under federal and state law for failure to protect students from the indirect acts of third parties, including sexual harassment.
In addition, case law on sexual harassment in the education environment is grounded in Title IX of the 1972 Education Amendments. This provision forbids the exclusion of a student from participation in and benefits of any education program or activity on a discriminatory basis. Together, Title VII and Title IX form the primary legal framework through which claims of sexual harassment in academic institutions are evaluated and adjudicated.
References
Davis v. Monroe County Board of Education. (1999). Wrightslaw. Retrieved November 24, 2015, from http://www.wrightslaw.com/law/caselaw/case_Davis_Monroe_SupCt_990524.html
Education Dept. Inspector General Off. Investigation Office. (1997). Sexual harassment: It's not academic. Retrieved November 24, 2015, from http://corporate.findlaw.com/law-library/sexual-harassment-it-s-not-academic.html
Stier, W. F. (2005, March/April). An overview of sexual harassment. Strategies, 18(4), 13–15. Retrieved November 24, 2015, from
Create your account
Always verify citation format against your institution’s current style guide requirements.