U.S.

DEPARTMENT OF EDUCATION

SexualHarassment
It\ Not Acadenric

Seotember 2008

Office for Civil Rights U.S.Department of Education

U. S. Department of Education Margaret Spellings Secretary Office for Civil Rights Stephanie Monroe AssistantSecretary Revised September 2008. This publication is in the public domain.Authorization to reproduce it in whole or in part is granted.The publication'scitation should be: U.S. Department of Education,Office for Civil Rights, Sexual Haras smen t: I t\ Not A cademi c,Washington, D. C., 2008. To order copiesof this publication,write to: EDPubs EducationalPublicationsCenter U.S.Departmentof Education P.O.Box 1398 MD 20794-1.398 Jessup, You may fax your order to: 30I-470-7244 or sendan e-mail request to: edpubs@inet.ed.gov. (1.-877-4-ED-PUBS).If You may alsocalltoll-free:7-877-433-7827 877 service is not yet avallable in your area,yoltmay cal),I-800-8725327 (1,-800-USA-LEARN).Thosewho usea telecommunications devicefor the deaf (TDD) or a teletypewriter(TTY) should call 1.-877-576-7734. To order online, point your Internet browser to:http://edpubs.ed.gov. This publication alsois available on the Department'sWeb site athttp://www.ed.govlocr.Any updatesto this publication willbe availableat this Web site. On request, this publication is available in alternateformats,such as Braille,large print, or computerdiskette.For more information, you may contactthe Department's AlternateFormat Center at202-2600852or 202-260-0818.Ifyou useaTDD, call 1-800-877-8339.
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Contents Introduction....
Part One: Defining SexualHarassment What is sexual harassment? .... What aresomeexamples of sexual conduct?. Is all physicalcontact sexualin nature? What if the sexualconduct is criminal in nature? M u stth e se xu a lco nduc t beunwelc ome?. . ........

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When doessenualconduct "deny or limit a student'sability to particrpatein or benefit from a school'seducationprogram?".. . . . . 5 Can young school children engagein sexualharassment?. . . . . . . .
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Ate gayand lesbianstudents protectedfrom sexralharassment?. .. 8 PartTwo: RespondingtoSexualHarassment .... How shoulda schoolrespond when it receives information about a l l e g e d se xu a lh a r as s ment ?. . . . ....9 What if the victim requests confidentiality or asksthat the co m p l a in tn o tb e p urs ued? ........9 Does a schoolhaveto do anythingaboutsexralharassment if a particularincident is not reportedto the school? . . . 10 What actions,tf schoolstake while investigating ^y,should a co m p la in t? .... ....LI What doesa schoolhaveto do oncethe investigation is complete? 11 What aresomeexamples of the stepsa schoolshouldtaketo end harassment andpreventitfrom happeningagun? . . . . . . . . 73 What aresomeexamples ofhowa school canrcmedythe effectsof se xu a lh a r a ssm e nt?. . . . .....13
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PartThree: Reporting and Preventing SexualHarassment . . . . . 15 Who shouldreportincidentsofsexualharassment?. . . . . . . . . . . . .15 To whom should a victim or other individual report th e h a r a ssm e n t? . ....15

What if the harasser threatensto retaliareagainstthe victim if h e o r sh e r e p o r ts th einc ident ?. . . . ........15 What procedures must a school havein placeto prevent sorual h a r a ssm e n ta n d r es olv ec omplaint s ? ........16 W h a ta r e g r ie va n ceproc edures ?. . . . W h a td o e sth e TitlelXc oordinat ordo?. . .......16 ........16

Howdo I knowwho myschool's TitleIX coordinator is? . . . . . . .,17 What other stepscan a schooltake to prevent socualharassment? 17 What is OC& and how do I report incidents of sorualharassment to th a to ffice ? .......17 Where can I get more information about a school'sresponsibilities toaddressandpreventsexualharassment? .... ....18

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Introduction of studentsis illegal' A federallaw, Title IX of the Sexualharassment 0f 1972 (Titk 1,$, prohibitsdiscrimination EducationAmendments in education on the basisof sex,including sexualharassment, A1l public and private educationinstitutions programsand activities. must comply with Title IX. Title IX funds federal any ihai receive to any of the academic, connected from harassment protectsstudents athletic,and other programsor activities extracurricular, educational, of the location. Title IX protectsboth male and regardless of schools, female studentsfrom sexualharassmentbyanyschoolempioyee, another student,or a non-employeethird party. in schoolsis essential harassment Preventingand remedyingsexual in which students environment safe to ensurea nondiscriminatory, and schoolstaff may can learn.Unfortunately,students, Parents, is, how to stoPit, and what harassment not know what sexual This pamphlet usesa happening. can be done to preventit from school format to provide students, question-and-answer Parents, fundamental with others and employees, school administrators, harassment sexual addressing information on recognizingand, under Title IX asit is interpretedby the U.S.Department of Educationt Office for Civil Rights (OCR). OCR is the federal that receive for enforcing Title lXin schools agencyresponsible federalfunds from the U.S. Department of Education.

Part One: Defining Sexual Harassment What is sexualharassment? Sexualharassmentis conduct that: 1) is sexual in nature; 2) is unwelcome; and 3) deniesor limits a student'sability to participatein or benefit from a school's educationprogram. Sexualharassmentcan take different forms depending on the harasser and the nature of the harassment. The conduct can be carried out by school employees, other students,and non-employee third parties,such as a visiting speaker. Both male and female studentscan be victims of sexualharassment. and the harasser and the victim can be of the samesex. The conduct can occur in any schoolprogram or activity and can take placein schoolfacilities,on a schoolbus,or at other offcampuslocations,suchas a school-sponsored field trip or a training program at anotherlocation.Tlie conductcan be verbal,nonverbal, or physical. The judgment and common sense of teachersand school administrators arevery important elementsin determining whether sexualharassmenthas occurredand in determining an appropriate response, especially when dealing with young children. What are some examples of sexualconduct? Examplesof sexual conductinclude: ' ' ' ' making sexual propositionsor pressuring students for sexual favors; touching of a sexualnature; writing graffiti of a sexualnature; displaying or distributing sexuallyexplicit drawings,pictures,or written materials:

performing sexual gestures or touching oneselfsexualiy in front of others: telling sexualor dirty jokes; spreading sexual rumors or rating other studentsasto sexual activitlr or performance;or circulatingor showinge-mailsor Web sitesof a sexualnature. Example; A school official sendsa student a text message to arrangea time to meet for a sexualencounter.Sending such a text message would constitute sexualconduct. Is all pbysicalcontact sexualin nature? No. Legitimate nonsexual touching or conductgenerallywill not be considered sexual harassment. However,it may rise to that level if it takeson sexual connotations. Example: A high school athletic coachhugs a srudent who makesa goal.This by itself is not consideredsexual conduct. However, a coach's hugging of a student could be consideredsexualconduct if it is unwelcomeand occurs under,inappropriatecircumstances. LVhat if thesexualconduct is criminal in nature? Sexualharassment includesconductthat is criminal in nature, such as rape,sexualassault, dating violence,and sexuallymotivated stalking.Even if a schoolreportspossiblecriminal conduct to the police,that doesnot relievethe schoolof its responsibilities under Title lX,which are discussed in Part Two.

Must thesexualconduct beunwelcorne? Yes.Conduct is considered unwelcomeif the studentdid not requestor invite it and considered the conductto be undesirable or offensive. The ageof the student,the nature of the conduct, and other relevantfactors affectwhether a student was capable of welcoming the sexual conduct.A student's submission to the conduct or failure to complain doesnot alwaysmean that the conductwaswelcome. F-xample1: A middle school student makesoffensivesexual jokes to another student,but the student doesnot object to the jokes or speakout againstthem.The student'sfailure to object doesnot mean that he or shehaswelcomedthe comments-

F-nample2:A femalehigh schoolstudentwillingly kissesa male studenton one occasion. When the student subsequently attemptsto kiss her again,sheobjects, but he kisses her anyway. This subsequent kiss is considered to be unwelcomedespitethe welcomeness of the first kiss. "denyor limit a student\ ability to Wbendoes sexualconduct participate in or beneftfrom a scbool's education program?" Two generaltypesof sexual conductcan deny or limit a student's ability to participatein or benefit from a schoolt program.As discussed below,teachers and other schoolemployees can engage in either type of conduct,while studentsand third partiescan engage in only one type. One form of sexual harassment occurswhen a teacheror other schoolemployee conditionsan educational decisionor benefit on the student'ssubmission to unwelcomesexual conduct.If this

occurs,it doesnot matter whether the student resistsand suffers the threatenedharm or submits to and avoidsthe threatenedharm.

Sexualharassmentalso occurswhen a teacher,school employee, other student,or third party qeatesa hostile environment that is sufficiently seriousto deny or limit a student'sability to participate in or benefit from the school'sprogram.Whether such a hostile environment has been createddependson the particular circumstances of the incident(s).Relevantconsiderations include, but are not limited to: ' ' ' ' ' ' how much of an adverse effect the conduct had on the studendseducationl the type, frequency,or duration ofthe conduct; the iddntiry age,andsex of the harasser(s) and the victim(s), and the relationship betweenthem; the number of individuals who engagedin the harassing conduct and atwhom the harassment was directed; the sizeof the school,locationof the incidents,and contextin which they occurred;and whether other incidents occurredat the school involving different students.

The conductdoesnot necessarily haveto be repetitive. If sufficientlysevere, singleor isolatedincidentsCancreatea hostile environment. Example 1: Throughout the school year,Student A repeatedlypasses sexuallyexplicit photographsto Student B during class.Thephotographs are offensiveto Student B, and, consequently, Student B is unable to concentrate during classor focus on the subject.Student A has created a hostile environment that limits Student B's ability to participate in the class.

Ellample 2: A high school student sexuallyassaulted another high school student on one occasionwhen the two were alone in a classroom. As a result, the victim is afnid of attending any classes or coming into contact with the harasser. Although this was an isolated incident, it is sufficiently severe to create,a hostile environment. Canyoung school cbildrenengage in sexualltarassment? Schoolpersonnelshouldconsiderthe ageand maturity of studentsin respondingto allegations ofsexual harassment. When determiningwhether a young child hascommitted sexual harassment, it is important for teachers and schooladministrators to usegoodjudgment and common sense. Example 1: On one occasion,a first-grade student kisses gr"tb"lfirst-grade student on the cheekin the playground. This behavior doesnot constitute sexualharassmentl

Example 2zOn numerousoccasions over a period of severalmonths, a fifth-grade student inappropriately touchesanother fifth-grade student and makesoverdy sexualcomments and gesturesto that student.The conduct is unwelcome and resultsin the victim's gradesfalling because he or she is unable to concentrateon studying.This behavior constitutessexualharassment. Are gay and lesbianstudents protectedfromsexualharassment? Title IX prohibits harassingconduct that is of a sexualnature if it is unwelcomeand deniesor limits a student'sability to participate in or benefit from a school's program,regardless of whether the harassment is aimed gayor lesbianstudentsor is perpetrated by ^t or oppositesex.Title.IX doesnot individualsof the same address discriminationor other issues relatedto sexual orientation. Example 1: Throughout football season, a male member of the high school football team makesunwelcomesexual advances toward another member of the football team. who is a homosexualmale.As a result,the victim quits the football team.This conduct is sexualin nature,unwelcome, and has denied the victim the ability to participate on the school,football team.This is sexualharassmentcoveredbv Title IX.

Example 2: Studentsheckle another student with comments that are basedon the studentb sexualorientation but are not sexualin nature (r.g.,"g y studentsare not welcome at this table in the lunch roorrt'').Even if these comments are unwelcomeand deny the student'sability to benefit from br participate in the school'seducation program,the conduct is not sexual,and this is not sexual harassmentcoveredby Title IX. 8

PartTwo: Responding to SexualFlarassment

Hora shoulda school respond when it receiwes information about aIIege d sexuaI lt aras sment ? If a student,his or her parent,or a responsible employee reports the harassment, or a schoolemployee the harassment, observes the schoolshouldinform the harassed student(and the student's parent dependingon the student'sage)of the options for formal and informal action and of the school's responsibilities, which are discussed below.Resardless of whether the victim files a formal complaint or r.q.r.ri, action,the schoolmust conducta prompt, impartial, and thorough investigationto determinewhat happened and must take appropriatestepsto resolve the situation. If other sources, suchas a witnessto the incident,an anonymous letter or phone call,or the media,report the harassment, the schoolshould respondin the samemannerdescribed aboveif it is reasonable for the schoolto conductan investigationand the schoolcan confirm the allegations. Considerations relevantto this determinationmay include,but are not limited to, the: ' ' ' ' ' ' sourceand natureof the information: seriousness of the allegedincident; specificityof the information; objectivityand credibility of the sourcethat madethe report; ability to identify the alleged victims; and cooperation from the allegedvictims in pursuingthe matter.

What if the victim requests confdentiality or asks that the complaint not bepursued? The schoolshould take all reasonable stepsto investigate and respondto the complaint in a manner consistent with a requestfor confidentialityfrom a student.If a studentinsiststhat his or her

name not be disclosedto the harasser, the school'sability to respond maybg limited.The schoolalsomust consider its responsibility to provide a safeand nondiscriminatory environment for all students. Thus,the schoolmust weigh the confidentialityrequestagainstthe following factors: of the alleged harassment; ' seriousness student; 'age ofthe harassed and ' other complaintsthat the sameindividual hasharassed others. Elrample A female elementaryschool student describes an incident to her teacherthat involved another teacherforcing her to engagein sexualactivity.The student begsthe teacher to not tell anybodywhathappened.This is a situationin which the school'sduty to provide all studentswith a safe environment might outweigh the student'srequest. Additionally stateor local lawsmay requireschools to report incidents to the police. Doesa school bawe to doanytbing aboutsexual ltarassment if aparticular incidentis not reported to theschool? If the harasser is a teacheror anotherschoolemployee and if the harassment occurswhile the schoolemployeeis acting,or reasonably apperys to be acting,in rhe contextof his or her responsibilities to provideaid,benefits, and services to students, the schoolis directly responsible for and must remedythe harassment regardless ofwhether the schoolknew or shouldhaveknown that the incident occurred. If the harasser is anotherstudent,a third party,ora schoolemployee who is n9t acjrfg within the contextof hii or her responsibiJity to provideaid,benefits, or services to students, then the schooiis responsible for investigatilg the conduct and taking appropriatesteps to resolvethe situation onlywhen it knows or should hive known that the harassment occurred.
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Example: It is well-known to studentsand staffthat graffiti of a sexualnature appears on the sidesof buildings throughout a school'scampusin plain sight. The pervasiveness of this harassmentmay be enough to conclude that the school should have known that the harassment occurred.If so,then the schoolis responsible for investigating and respondingto the harassment regardless of whether it receiveda specificcomplaint about the graffiti What actions,if any, shouldschools takewhile inaestigatinga complaint? during It maybe necessary for schoolsto take interim measures if student alleges the investigation of a complaint. For instance, a harassment by anotherstudent,the schoolmay keepthosestudents If a teacheris the separated until the investigation is complete. to transfer to allegedharasser, it may be appropriatefor the str-rdent anotherclass. It is a good practice for schoolsto keep the student who alleged the harassment informed of the statusof the investigation. a school What does the inaestigationis complete? haoeto do once The schoolmust notify the victim (and his or her parents depending on the ageof the victim) of the outcome of its investigationand of anypunishments imposedthat directly relate to the victim, suchas an order for the harasser to stay awayftom the victim. If the schooldetermines that a studentwas sexually harassed, the school must take reasonable, prompt, age-appropriate,and effective action to end the harassmentand prevent it from happening againto the victim or to others.If the schoolfails to do so,it must remedy the effectsof the harassment on the victim that could have ifthe schoolhad responded beenavoided prompdyand effectively.
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In addition, if the harasser is a schoolemployee and if the harassment occurswhile the employee is acting,or reasonably appears to be acting, in the contextof carryingout his or her responsibiJities to provide aid,benefits,and services, the schoolmust remedythe effectsof the harassment on the victim. Erample 1: A teachersexuallyharasses an eighth-gradestudent in the schoolhallway.Thestudentis not in any of the teacher's classes and the teacheris not a hall monitor. However,in light of the 4geand educational levelofthe studentand the statusand degreeofinfluence ofteachersin secondary the student schools, could reasonablvbelieve that the teacherhad at leastinformal disciplinaryu.rtjrority orr.r him or her.Therefore, this conduct is considered to haveoccurredin the contextofthe teac-her's responsibilityto provide aid,benefits,and services to students, and thus the schoolmust remedythe effectsof the harassment in addition to stoppingit and prlventing it from recurting.

E><ample 2: A faculty memberof a university's history departmentrepeatedly, overseveralweeks, touclresand makes sexually suggestive remarksto a femalegraduateengineering studentwhile waiting for the universityshutdebus,riding on the bus,and exiting the bus.As a result,the studentstopsusing the bu$and walftsthe long distances betweenher classes.This conductoccurredoutsideof the contextof the faculty member's dutiesto provide aid,benefits,or services to the student,and thus the schoolis not requiredto remedythe effectsof the harassment. However,ifthe schoolfails to take reasonable and efFective action to end the harassment after it hasreceived notice of the harassment, the schoolmust remedythe efibctsof the harassment that could havebeenavoidedifthe schoolhad responded promptly and effectively.

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What are some examples oftbe stEs a scbool shouldtake to end andprevent itfrom ltappening barassment again? The appropriatestepsshould be tailored to the specificsituation.For example, the schoolmay needto developand publicize new policies or conduct training. Depending on the natureand severityof the harassment, counseling, discipline,or further separation of the victim and harasser m y be necessary. Responsive measures should be designedto minimize the burden on the victim asmuch aspossible. If the schoolkinitial response does not stop the harassment and preventit from happeningagain,the school may needto take additional,strongermeasures. What are some examples of hozoa school canremedy the efectsof sexualharassment? If the school is required to remedy the effectsof the harassment on the victim, the rypesof action requiredwill vary dependingon the circumstances. Example 1: A collegeprofessorsexually harassed a student in his or her classin the context of the professor's duty to provide services to the student.Consequendy, the student was unable to concentrateduring classand did not learn the coursematerial.To remedythe effectsof the harassment, the schoolmay be requiredto take suchactionsas: . . ' . . arrangingfor an independentassessment of the student'swork xrungjng for the student to take the courseagain with a different instructor; providing tutoring; making tuition adjustments; or for professional offering reimbursements counseling.

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mayinclud. ..r.h actionsas :":",,.": calculating the student's gradewithout a""rirg i; rh"-" student's failureto taketfr. quirrrE,rJ"* the student

responded promptly una *nb.tir,.ly. In this ::1"":ll1apqropriate re.medy opportuniry to rake in.qi;,rr,;. ;;;d;;fo,

shehasmissed some pop quizies.If the schooldelays its response to this complaintandthe victim suffers additionaieffects orirr. i."russment, suchas missingadditional p"p qurn;;;;; shehasto continue .gTing to class late,the schoot *urtL*.ayrt. of the harassment that couldnil;;;; "d;;;,'*" pr;.";J;f;;;

the schoolthat another srudent ; i:l .tu* l,r, l..o r;*"11il;;il;""' avoid hirn, ,h"i;;;;" coming roclass *: ti j!::.r,: rare.lrs a result,

Example 2: A high.schoolstudent informs

n^1^.: mdependent assessment of the srudent,s work.

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PartThree: Reporting and preventing sexual Harassment

Whoshouldre?ort incidentsof sexualharassment? AlFo-dl who sees sexual harassment occur shouldreport it; the individual neednot be the victim of the harassmenr. Schools should ensurethat employees clearlyunderstand the extentof their responsibilities for reporting sexual harassment. Tb ushom shoulda wictim or otherindiaidual reporttbe harassment? The harassment shouldbe reportedto a responsible school employee, suchas a teacher, principal,faculiy member, administrator, security officer,uffir-utirr. u.iion oficer, or professional staffmemberin the office of studentaffaiis. Additionally, as every school must have a Titre-rxcoordinator, the harassment can be reportedto this individual aswell. A.t*9."j,pjr1nt, or other individual alsomay file a complaint y]t!_the u.s. Department of Education's ofice for civil'Rights (OCR), asexplained below. what if the harasser threatens to retaliateagainstthe nictim if be or shereportsthe incident? Title IX alsoprotects studentsfrom retaliation.The school must take stepsto prevent the allegedharasser or anybodyelseat the school from retaliating againit the victim. s,r.fr ,,.p, i".r"a. informing students that lXprotects them from retaliation, making-surethat victimslitte know how to report any future problems, follow-up inquiries to seeif ihere t,irr. U."rr'urryrr.* .an{ Sakin_g incidents.It alsomay be appropriate to counser the harasse, to ensurethat he or she,.rnderstands that retaliationis prohibited.If retaliationoccurs, the schoolshouldtake strong responsive actions.

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What procedures must a schoolhatte in place to prewent sexual harassment and resolvecomplaints ? Every school must: '
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issue a policy against sex discrimination;

adopt and publicize grievance procedures; and have a Title IX coordinator.

What aregrieaance procedures? Grievanceprocedures areinternal schoolprocedures that address violationsof a schooi's policy againstdiscrimination,including sexualharassment. Grievanceprocedures must providefor prompt and equitableresolutionof complaintsof sexdiscrimination. The schoolshould make surethat its policy againstsex discriminationand grievance procedures arewidely distributed and easilyunderstoodby students, parentsof elementaryand secondary schoolstudents, and employees. At a minimum, studentsmust know that the grievance procedure exists, know how it works, and know how to file a complaint.When a studentor parent reports sexual harassment, the schoolshould explainhow its grievance procedures work and offer the studentor parent the opportunity to usethem. If a studentor parentchooses to not usethe school's grievance procedures, that doesnot relievethe schoolof its responsibilities to investigateand take appropriateaction,asexplainedabovein PartTwo. Whatdoes tbeTidelX coordinator do? The Title IX coordinatoris responsible for coordinatinga school's efforts to complywith and carry out its Title IXresponsibilities. Every schoolmust havea Title -IXcoordinator.Title lXcoordinators must haveadequate training in sexualharassment and must be able to explain the operationof the school's grievance procedure.

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is? Title IX coordinator Housdo I knouswho my school's of the name, Every schoolmust notify all studentsand employees office address, and telephonenumber of its Title lXcoordinator(s). taketopreaent sexualharassment? cana school What othersteps showsthat the best way for a school to deal OCR's experience is to prevent it from occurring in the first with sexualharassment explained above(wellplace.In addition to the requirements and procedures, publicized nondiscrimination policy,grievance Title IX coordinator),a school may take a number of other steps to preventharassment. harassment For example, a schoolmay conductperiodic sexual training for all schoolstafl including administrators, awareness sexual and age-appropriate and guidancecounselors, teachers, The training can include harassment training for students. sexual information on the rypesof conductthat will be considered the damage harassment and the rangeof possibleconsequences, where studentscan find help,waysto that resultsfrom harassment, and what to do about it. opposeharassment, to What is OCR, and hozudoI report incidentsof sexualharassment that ofice? for ensuringthat schools OCR is the federalagencyresponsible comply with Title IX and other federal civil rights laws. One of complaintsof discrimination, is to resolve OCR's responsibilities OCR has L2 harassment complaints. including sexual enforcementofices locatedthroughout the country that carry out this responsibility. An individual who wishesto file a complaintwith OCR should do office responsible for the statein so by contactingthe enforcement To find out which office is responsible which that schoolis located. for your stateand how to contactthem, cali 1-800-42L-3487or

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check OCR'' Web site.at http://www.ed.govlocr. Generally,the complaint must be fiJedwithin rso a."^ of the date of the incident. and parentsarenor required to usea school,s grievance *9:1" procedures beforefiling a compliantwith OCR where canr get rnoreinlformation about a schoo,s responsib,itiesto address andpreoent sexualbarassrnent? Pleaseread ocR's Rerisedsexual Harassrnent Guidance: Harassment of Studentsby Scbool Emptoyrrr,,Oiirl{ndents, or parties, Third availableotr-thr Deoartment's web site at http://www.ed,.gov/ocr/ publications.html fr"OCn."f"*ement office. "i ""y

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