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NCJ Number: 213053 Find in a Library
Title: Creating Peer Sexual Harassment: Mobilizing Schools to Throw the Book at Themselves
Journal: Law & Policy  Volume:28  Issue:1  Dated:January 2006  Pages:31-59
Author(s): Jodi L. Short
Date Published: January 2006
Page Count: 29
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
Annotation: This paper shows how peer-to-peer sexual harassment was quickly transformed from an unremarkable reality of secondary school life into a serious social and legal problem.
Abstract: Findings point to appearance that school policies on peer-to-peer sexual harassment influenced the creation of law at the level of doctrine, and not simply at the level of meaning, enforcement, or application. Specifically, schools responded to something other than legal mandates or calculable liability risks as they created policy on the issue of peer-to-peer sexual harassment, and courts looked to schools to determine the scope and content of the related law, Title IX. Real and significant legal and organizational change is documented, however it remains to be seen whether legal liability, school policies, and grievance procedures can produce meaningful social change for students who are sexually harassed by their peers. The analysis focuses exclusively on Federal law under Title IX, which protects individuals from sex discrimination under any education program or activity receiving Federal financial assistance. This paper reveals how the endogenous relationship between law and organizations produces both formal law and law in action from the same set of social, legal, political, cultural and discursive processes. References
Main Term(s): Sexual harassment
Index Term(s): Criminal justice system policy; Discrimination; Federal law violations; Female victims; Impact prediction; Policy; Policy analysis; School influences on crime; Sex discrimination
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