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NCJ Number: 155664 Find in a Library
Title: Attacking the "Boys Will Be Boys" Attitude: School Liability Under Section 1983 for Sexual Harassment
Journal: Journal of Juvenile Law  Volume:15  Dated:(1994)  Pages:119-149
Author(s): S Easland
Date Published: 1994
Page Count: 31
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses the issue of sexual harassment in schools, and the responsibility schools have in enforcing antiharassment policies, as well as their liability when they fail to do so.
Abstract: The first section of the article discusses the nature of sexual harassment and its effect on young girls in terms of their self-esteem, academic achievement, and peer relationships. A few States have recognized the problem of student-versus-student sexual harassment, and require school boards to enact policies in an attempt to eliminate such behavior. The article also discusses school liability for failing to protect its students under Section 1983 of 42 U.S.C. Under the affirmative action approach to liability, many courts have been reluctant to recognize the schools' duty to protect its students from harm inflicted by other students. A second theory of liability arises when school officials act with deliberate or reckless indifference of a known harm occurring to students which begins to constitute a policy practice or custom that condones the abuse of a student. The author concludes that an action under 42 U.S.C. Section 1983 is proper and should be recognized by the courts to remedy the ongoing acquiescence in sexual harassment occurring in American schools. 229 notes
Main Term(s): Juveniles
Index Term(s): Legal liability; School influences on crime; Sexual harassment; Victims of Crime
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