Constitutional Law

"Restoring Effective Protections for Students Against Sexual Harassment in Schools: Moving Beyond the Gebser and Davis Standards"

In a new issue brief released by ACS, Fatima Goss Graves discusses how to restore effective protection for students against sexual harassment in schools.

Graves, senior counsel at the National Women's Law Center, reviews how the U.S. Supreme Court has placed a disproportionate burden on students who attempt to recover damages for harassment inflicted by teachers or fellow students as compared with employees who are harassed in the workplace.

She argues that the current Title IX standards for harassment claims are unsound, and suggests federal and state law solutions that could "both restore the right of recovery for students who experience harassment in schools and provide meaningful incentives for school districts to promote safe school environments."

Graves suggests that the Civil Rights Act of 2008, recently introduced in Congress, is a potential solution at the national level. She also examines the role of state anti-discrimination laws, such as New Jersey's Law Against Discrimination, as a means for providing fuller protections for students while serving as a catalyst for reform at the state level.

Full post as published by ACS Blog on January 29, 2008 (boomark / email).