Federal Law
- Title IX of the Education Amendments of 1972 requires public schools and colleges to have a policy protecting students from discrimination on the basis of sex.
- In 1981 the Secretary of Education declared Title IX also covers sexual harassment.
- The U.S. Supreme Court determined in 1992 that sexual harassment is a form of sexual discrimination and schools can be sued for damages if they do not protect students' civil rights under the federal law.
- It does not matter whether the source of the sexual harassment is from teachers, other school employees, non-school employees or other students, the school must follow its discrimination policies and procedures.
Wisconsin Law
- Wisconsin Statute §118.13 declares students in public schools be protected from discrimination on the basis of sex, race, religion, national origin, sexual orientation, ancestry, pregnancy, marital or parental status, and physical, mental, emotional or learning disability.
- PI 9, the administrative rule which interprets Wis Stat. §118.13, asserts each public school board in Wisconsin shall develop policies prohibiting discrimination against and the harassment of students.
- The Wisconsin Department of Instruction monitors the state law by requiring each school district to submit copies of their policies for review.
For more information, contact your local sexual assault program, Equal Employment Opportunities Commission, school district's office or state's Department of Education or Public Instruction.
