Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

January-11-99

Supreme Court to Hear School Sexual Harassment Case

The U.S. Supreme Court will hear a school sexual harassment case tomorrow that will determine whether schools can be held liable for student-to-student sexual harassment under Title IX, a law which prohibits schools from discriminating on the basis of sex. The Court previously held that schools are liable for sexual harassment committed by teachers.

Ten-year-old LaShonda Davis, who is now 16, charged that a male classmate repeatedly grabbed her breasts and crotch area, simulated raping her and threatened her with rape several different times. Davis complained to her teacher and her Macon County, Georgia school's principal several times, but no action was taken to punish the boy who abused her, and she was forced to continue sitting next to him in class.

Davis filed a criminal complaint against the boy and he plead guilty to sexual battery. Given his juvenile status, the boy's sentence was not been publicly disclosed.

The National Women's Law Center represents Davis in the suit, which was filed to punish the school for ignoring Davis' pleas for help. NWLC co-president Marcia Greenberg commented on the impact the case could have on girls. She believes that if her client does not prevail in the case, the decision would "give schools a green light to ignore sexual harassment, no matter how severe."

Counsel for the school counter that, because Title IX lacks specific language about sexual harassment, the school cannot be held liable for student-to-student sexual harassment, noting that the Department of Education's guidelines on sexual harassment were not made available to schools until 1996.

Similar arguments were made women first attempted to sue their employers under Title VII, which prohibits sex discrimination in the workplace. Despite objections that Title VII did not include specific references to sexual harassment among co-workers, the Supreme Court ruled that employers were responsible for employees who sexually harass their peers and that employees may sue employers under Title VII.

The plaintiff's mother, Aurelia Davis, has pledged to support her daughter in any way that she can. "I never wanted her to say that she went to everyone -- her teachers, her principal and her parents -- and they never did anything," said Ms. Davis.

Media Resources: AP - January 10, 1999


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

7/27/2015 Senate Majority Leader Mitch McConnell Blocked Efforts to Defund Planned Parenthood - An attempt in the Senate to defund Planned Parenthood by Mike Lee (R-UT) was blocked this weekend by Senate Majority Leader Mitch McConnell (R-KY). Lee tried to attach the elimination of federal funds for Planned Parenthood to a vote for highway legislation, a move which was rejected by McConnell as out of order. Republican legislators have redoubled their efforts to block funding for Planned Parenthood since the release of two heavily edited clandestine videos of different PPFA employees taken without their knowledge. . . .
 
7/27/2015 "After Tiller" Was Nominated For An Emmy - Documentary film After Tiller was nominated for two Emmy Awards: Best Documentary, and Outstanding Coverage of a Current News Story. The Point of View (POV) documentary follows the aftermath of the murder of Dr. . . .
 
7/24/2015 Katherine Spillar Urges Cleveland to Dramatically Increase Hiring of Women Police to Mitigate Police Violence - In a well-received speech at the City Club of Cleveland today, Katherine Spillar, Executive Director of the Feminist Majority Foundation urged Cleveland city officials to dramatically increase the hiring of women police officers as a way to decrease police brutality incidents. Following a number of high profile police killings in Cleveland of African Americans, and an eight-month investigation by the US Attorney's office of the Northern District of Ohio, the City of Cleveland has now entered into a Consent Decree that requires numerous reforms in how the city oversees and investigates police operations, including training in use of force. "Among the most important reforms mandated by the consent decree - and the most easily overlooked - are the changes the Cleveland Division of Police must make in its recruitment and hiring practices, said Spillar. . . .