sexual harassment
Education 101

United States

#1 Oct 31, 2012
Bullying can fall under Federal Sexual Harassment Laws--it does not have to mean "having sex" it can be comments or actions between OPPOSITE or the SAME sex. Several Bullying cases have been launched under Federal Sexual Harassment/Discrimination. Creating a hostile environment can be considered Sexual Harassment.

Lying and spreading rumors can also be Sexual Harassment. This is proven in cases all over the country.

What the law defines as Sexual Harassment and what you think of when you hear sexual harassment may be different.

Sexual harassment also occurs when a teacher, school employee, other student, or third party creates a hostile environment that is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the school’s program. Whether such a hostile environment has been created depends on the particular circumstances of the incident(s). Relevant considerations include, but are not limited to:
•how much of an adverse effect the conduct had on the student’s education;
•the type, frequency, or duration of the conduct;

•the identity, age, and sex of the harasser(s) and the victim(s), and the relationship between them;

•the number of individuals who engaged in the harassing conduct and at whom the harassment was directed;

•the size of the school, location of the incidents, and context in which they occurred; and
whether other incidents occurred at the school involving different students.

The conduct does not necessarily have to be repetitive. If sufficiently severe, single or isolated incidents can create a hostile environment.

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