Message from:
The Coalition for Safer Schools of NYS, PO Box 2345, Malta, NY 12020
Email to: saratogany@aol.com
The Real or Perceived Gay, Lesbian, Bisexual and Transgendered Student Protection Project

CSS-NYS Note: Nothing new here but for some different, maybe more clear text.... John Myers
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U.S Department of Education: Office of Civil Rights (OCR)

http://www.ed.gov/offices/OCR/shguide/
Revised Sexual Harassment Guidance
(complete document)

A notice regarding the availability of this final document appeared in the Federal Register on January 19, 2001.

REVISED SEXUAL HARASSMENT GUIDANCE:
HARASSMENT OF STUDENTS
BY SCHOOL EMPLOYEES, OTHER STUDENTS, OR THIRD PARTIES

TITLE IX

EXCERPT:
Although Title IX does not prohibit discrimination on the basis of sexual orientation,[13] sexual harassment directed at gay or lesbian students that is sufficiently serious to limit or deny a student's ability to participate in or benefit from the school's program constitutes sexual harassment prohibited by Title IX under the circumstances described in this guidance.[14] For example, if a male student or a group of male students target a gay student for physical sexual advances, serious enough to deny or limit the victim's ability to participate in or benefit from the school's program, the school would need to respond promptly and effectively, as described in this guidance, just as it would if the victim were heterosexual. On the other hand, if students heckle another student with comments based on the student's sexual orientation (e.g., "gay students are not welcome at this table in the cafeteria"), but their actions do not involve conduct of a sexual nature, their actions would not be sexual harassment covered by Title IX.[15]

[13] See Williamson v. A.G. Edwards & Sons, Inc., 876 F2d 69, 70 (8th Cir. 1989, cert. denied 493 U.S. 1089 (1990); DeSantis v. Pacific Tel. & Tel. Co., Inc., 608 F.2d 327, 329-30 (9th Cir. 1979)(same); Blum v. Gulf Oil Corp., 597 F.2d 936, 938 (5th Cir. 1979)(same).

[14] It should be noted that some State and local laws may prohibit discrimination on the basis of sexual orientation. Also, under certain circumstances, courts may permit redress for harassment on the basis of sexual orientation under other Federal legal authority. See Nabozny v. Podlesny, 92 F.3d 446, 460 (7th Cir. 1996) (holding that a gay student could maintain claims alleging discrimination based on both gender and sexual orientation under the Equal Protection Clause of the United States Constitution in a case in which a school district failed to protect the student to the same extent that other students were protected from harassment and harm by other students due to the student's gender and sexual orientation).

[15] However, sufficiently serious sexual harassment is covered by Title IX even if the hostile environment also includes taunts based on sexual orientation.

(The complete document is downloadable from the above aforementioned web address)
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PRIMER WEBSITES

GLSEN --- Gay, Lesbian, and Straight Education Network
www.glsen.org
Lambda Legal Defense and Education Fund
www.lambdalegal.org
Safe Schools Coalition of Washington
www.safeschools-wa.org
The P.E.R.S.O.N. Project Home Page
www.youth.org/loco/PERSONProject/

Parents, Families and Friends of Lesbians and Gays
www.pflag.org
Empire State (NY) Pride Agenda
www.prideagenda.org
GLAAD

Gay & Lesbian Alliance Against Defamation
www.glaad.org
Unity Through Diversity (Long Island)
http://www.geocities.com/WestHollywood/Castro/3212/
LIGALY Long Island Gay and Lesbian Youth
http://www.ligaly.com/

"The Real or Perceived Gay Lesbian Bisexual Transgendered Student Protection Project"
("Being safe at school should not be a radical concept".. Jamie Nabozny)

A project of:
Coalition for Safer Schools of New York State

John Myers
Director of Operations and Programs
PO Box 2345
Malta, NY 12020
(518) 587-0176

Email: saratogany@aol.com

(To subscribe or unsubscribe (CSS-NYS Email List) send request to saratogany@aol.com)

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