Several theories and models were reviewed in the study to examine possible explanations for incidence of sexual harassment in public schools. It should be noted that no single theory or model offered a precise explanation of the reasons students are harassed in schools.

The purpose of this study was to trace the development of case law regarding sexual harassment in elementary and secondary public schools through a survey of state, circuit, and federal court districts, and United States Supreme Court decisions. To trace these laws, the study examined nationwide sexual harassment court decisions from 1988 to present. Sexual harassment is a critical problem in the school environment. Recent surveys indicate that sexual harassment has reached epidemic proportions in our schools and classrooms. Sexual harassment occurs daily on buses, in hallways, gymnasiums, classrooms, and on the playgrounds. Oftentimes, sexual harassment goes unreported by students. More importantly, when sexual harassment is reported, the school does virtually nothing to assure studetns that their complaints will be taken seriously. Sexual harassment can contribute to serious harm to the victim, their families, other classmates, the school, and the school district. A review of related literature reveals that students who are sexually harassed suffer from behavioral, emotional, academic, and physical consequences. Without the support and intervention of school officials, students may not be able to overcome the impact of sexual harassment. Several therories and models were reviewed in the study to examine possible explanations for incidence of sexual harassment in public schools. It should be noted that no single theory or model offered a precise explanation of the reasons students are harassed in schools. Several landmark and key court cases regarding sexual harassment in public school were reviewed. Also, key federal legislative statutes and guidelines that provide the framework for judicial decisions on sexual harassment in public schools were reviewed. It was determined that four U.S. Supreme Court cases set precedence for lower courts to follow in adjudicating decisions of sexual harassment in public schools. The judicial decrees protect students in the school.

The purpose of this study is to analyze legislation and case law regarding sexual relationships between American secondary school students and their teachers. Chapter one provides an introduction to the study, and chapter two reviews relevant literature. In chapter three, codes of criminal and administrative law are reviewed to determine which sexual relationships between educators and students are permissible and prohibited in each state. Federal statutes, including Title IX of the Rehabilitation Act of 1972 and section 1983 of Title 42 of the United States Code, are reviewed to determine how federal law applies to sexual relationships between teachers and students. Next, case law is reviewed to determine how state and federal courts have ruled regarding sexual relationships between teachers and students. While the primary focus of the dissertation is sexual relationships between teachers and students, case law related to sexual relationships between students and other school employees is reviewed as well. In chapter four, the dissertation reviews state and federal court cases in which employees terminated for engaging in sexual relationships with students filed suit against their former employers or state boards of education alleging wrongful termination or other adverse employment action. In chapter five, the dissertation reviews state and federal court cases in which students who engaged in sexual relationships with educators filed suit alleging various rights violations by the school district. In chapter six the study analyzes the trends of the judicial rulings. Generally, in wrongful termination claims, courts tended to support schools if they provided due process to terminated employees. In student suits against school districts alleging Title IX or section 1983 violations, courts tended to support schools that did not display deliberate indifference to actual knowledge of sexual harassment or display a custom or policy that promotes harassment. Finally, the study provides a primer for school administrators. The primer discusses warning signs of sexual harassment, offers tips for school administrators to prevent sexual relationships between employees and students, and gives guidance to school administrators to respond properly when such relationships come to light.