Sexual harassment is unwanted sexual behavior that is discriminatory and violates a person’s rights in nature (e.g., sexual advances and requests for sexual behavior). The constitution prohibits any form of harassment be it in schools or workplaces. Quid pro quo harassment and hostile environment harassment are the types of sexual harassment that have been established by law those harassments have been established to counter the ever increasing cases of sexual harassment. Quid pro quo harassment is a state where sexual demands are made in exchange for specific benefits or favors more so in schools, therefore, it is unlawful and considered as harassment whether the students submit to the demands or not. The fact that the demands were made towards the student is unlawful. Hostile environment, on the other hand, seeks to explain how hostile and unfavorable environments have constant and severe sexual harassing can hinder a student from being involved in school programs or activities. This paper will discuss a sexual harassment court case, determine its validity, and show how sexual harassment is a continued problem in school environments.
The Davis vs. Monroe County Board Of Education 1999 revolved around the petitioner Davis suing the Monroe County Board Of Education for the sexual harassment of his daughter by a fellow student. Davis argued that his daughter LaShonda suffered sexual harassment at the hands of another student. Davis argued that due to poor management and complacency on the schools part, they created an abusive environment which turned out to be detrimental to his daughter as it deprived her fundamental...
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...idelines in the education act considering that it has a direct impact on both the student and management and above all discourages any form of harassment. Any learning environment should be conducive for learning. And in this case LaShonda’s school life was made unbearable by the constant sexual harassment by her fellow classmate and the teachers gave a blind eye despite being informed by LaShonda.
The case proves that a lack of a clear understanding by school officials of their duties causes confusion. The Supreme Court decision on the Davis vs. Monroe County Board Of Education decision demonstrates that the courts and United States congress are making a joint effort that requires schools to not only promote fairness and equality, but to take the necessary disciplinary action when a student refuses to respect these values set under Title IX.
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