Sexual Harassment in Schools: Legal Analysis

In the present scenario, a seventh grade female student, "Margie," is experiencing an ongoing issue with three male classmates. In the hallways of the school, the boys called her names and make "odd sounds" when she passes by (Students, 2008, p. 1). When she confronted the three boys, they laughed at her and continued to taunt her. When the taunting escalated, Margie sought assistance from her guidance counselor. The school counselor talked with the boys. After this meeting, the boys cornered Margie, shoved her into a locker, knocked her books to the ground and spat on her. At home, Margie also began to receive "abusive" and "obscene" phone calls from the three boys, who, after receiving warnings from the school counselor, significantly increased their harassment of her (Students, 2008, p. 1).

Margie took the matter to the school principal, who simply told her, "Just stay away from them while you are at school" (Students, 2008, p. 1). When the harassment did not end, Margie's mother intervened with the principal, asking for assistance. The boys were summoned to the principal's office and warned they would be disciplined if their behavior did not end at once. The harassment continued to escalate. Margie told the principal the harassment was continuing, but she noticed no difference in the behavior of the boys. Margie eventually refused to go to school at all, and she was placed on medication by a licensed physician to help her cope

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student-on-student sexual harassment that takes place while the students are involved in school activities or otherwise under the supervision of school employees" (138 F.3d at 661). Other relevant law in this matter involves Franklin v. Gwinnett county Public Schools (1991) in which an implied private right of action for money damages was found to exist under Title IX (503 U.S. 60). This is particularly true when, under Pennhurst State School and Hospital v. Halderman (1984), it is determined that recipients of federal funding have appropriate notice that they could be held liable for the conduct. Davis v. Monroe (1999) holds the most relevance to the current scenario, being as the Court found that private cause for action damages for student-on-student harassment is provided for in the protections of Title IX. Conclusion Title IX applies to most local educational agencies in each state, since they receive Federal financial assistance in some from. The public school Margie attends is a recipient of Federal funding and; therefore, Title IX applies in this scenario. It is also apparent that the narrow focus on the benefited class and not the perpetrator under Title IX is compelling reason to believe that the law i

Category: History - S