Evaluating Student to Student Sexual Harassment

Student to Student Sexual Harassment
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Introduction
Sexual harassment is pervasive in a school environment, and many students have suffered long. School districts have not been very articulate in addressing the issue. Any harassment based on sex is sexual harassment. Victims of sexual harassment in schools can undermine a student’s sense of personal dignity and safety. It could also carry trauma that could severely affect their education and ability to reach their full potential. If left unchecked, sexual harassment in schools could lead to sexual assault or violence, and in extreme cases, the victims may commit suicide if they feel unable to escape the perpetrators. Thus, schools have a duty to protect all students from sexual harassment, and therefore they must come up with policies and practices that prevent sexual harassment.
Davis v. Monroe County Board of Education
According to the Title IX of the education act of 1972, sexual discrimination in education is prohibited. The Act holds that schools are liable for sexual discrimination, including sexual assault and harassment CITATION USD01 \l 1033 (US Department of Education, 2001). However, it does not directly mention student-to-student sexual harassment, which left a gap in the way districts and school authorities approached student-to-student sexual harassment. However, the Davis v Moroe County Board of Education case was filed in the supreme court seeking reversal of an appellate case decision on the school district’s role in preventing student sexual harassment.
In the case between Davis v. Monroe County Board of Education, the court found that school districts could be held accountable for aiding sexual harassment between students if the materials of the case satisfied three things CITATION Sal15 \l 1033 (Salmieri, 2015). Firstly, if the sexual harassment case is severe, pervasive, and objectively offensive such that the victim suffers in a way that denies him/her educational opportunity, the school district is liable. It must have enacted rules and policies that should prevent such cases from happening. It is upon the school district to provide an environment free from sexual harassment. The second test is whether the incident(s) were reported to the school authority in any way or form. The school authority has to be aware of the actual notice of the harassment. The school has to ensure a framework to report such incidences. The third prong is that if the official to whom the matter was reported failed to stop the harassment or remained deliberately indifferent, then the school district is liable for sexual harassment. If any student-to-student sexual harassment case meets these three conditions, the school district is complacent of sexual harassment against the victim.
The Davis v. Monroe County Board of Education shows that schools must develop policies and practices that prevent them from liability under Title IX of the education act of 1972. Schools can be liable for a student to student sexual harassment, and therefore it is their duty under the law to prevent and act on any cases of sexual harassment.
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