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Education Law
: Title IX BlogSexual harassment in the digital age
By Erin Buzuvis, Sudha Setty, and Kristine Newhall
In fact, it often leads to harassment and in two cases in the past year has resulted in the suicides of two teenage girls. The article linked above does a very good job of outlining the harassment involved and potential remedy under Title IX, including the criteria established by the Supreme Court in 1999.
The parents of one of girls is indeed suing the school for failure to remedy the harassment their daughter experienced after sending a text containing a nude photo of herself to her then boyfriend. The article out of a Cincinnati paper makes no mention of Title IX, though I assume the law is a factor given that the case was dismissed from state court in order to move it to federal court.
In this case, the school was made aware of the harassment, so it seems fairly straightforward--at least given when I have read of the case to this point. But in this digital age, I wonder both how much harassment is going on that officials never become aware of because they do not even have an opportunity to see it, (though previous harassment cases have indicated that some people fail to see what it happening right in front of them) and also whether we may see a sort of "they asked for it" defense when it comes to sexting. It may not be as blatant as in past times (and present!) when women who have been raped or assaulted have been subject to questions about their moral character, behavior, and sartorial choices, but I would not be surprised to see it emerge in cases of sexting when girls are sending messages and photos and thus assumed to be willing participants in the process.
And finally, does this new medium create more harassment and/or even greater under reporting of harassment?
I see many issues arising from such cases. It will be interesting to see both how schools and the courts address them.
Full post as published by Title IX Blog on December 17, 2009 (boomark / email).
Sexual Harassment Policy
Define harassment, outline complaint procedure
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Sex Offender Lists
Registries by State and County
Sexual Harassment
(in the workplace)
Jury Awards $2 Million in Sexual Harassment Wrongful Termination Suit
Jury Awards $2 Million in Sexual Harassment Wrongful Termination Suit
Apple Inc.
allegedly maintained an illegal monopoly on the digital music market.
Student Harassment
Wichita School District pays $45,000 settlement for high school students' harassment lawsuit.
Victim of Sexual Attack Awarded $1.4 Million
Victim of Sexual Attack Awarded $1.5 Million
Catholic Archdiocese
Will Pay $12.6 Million in Sexual Abuse Settlements

The Monopoly Over Sexual Harassment
Sexual Harassment: A Strange, Vague "Tort"
Comments By Co-Worker Does Not Rise To Level Of Sexual Harassment Under Title VII
Teen Girls the subject of Sexual Harassment
Workplace sexual harassment survey results








