93.132 Title IX prohibits sexually hostile climate in schools, 121

93.144 Defining a "hostile environment" in the classroom, 136

93.154 The demise of the "psychological injury" test, 151

93.156 Title VII does not protect an "eggshell psyche," 154

93.157 Demanding virtue, while disparaging it in the classroom, 155

94.1 California colleges can be liable for sexual harassment, 164

94.4 Sexual harassment, the media, and cultural diversity at Swarthmore, 172

94.5 The harassment policy is invalid, but the coach stays fired. 176

94.38 E-mail, institutional liability, and freedom of expression [E-mail harassment], 220

94.65 "Unladylike" behavior and "invited" harassment [vulgar words and "unladylike" behavior do notpreclude winning a sexual harassment suit], 268

94.67 Professor reinstated in sexual harassment case [Silva v. University of New Hampshire; WilliamKaplin on academic freedom and "hostile environment" sexual harassment; sexual innuendo andprofessional competency; Nadine Strossen on feminism and the First Amendment], 271

94.68 E-mail and sexual harassment, B274

94.71 Gender motivated violence act adopted, 278

94.73 Gender discrimination against men in college disciplinary cases [Yusuf v. Vassar College], 280

94.77 Court encourages informal resolution of disciplinary cases [guidelines for informal resolution andmediation in student disciplinary cases], 286

94.80 Ban on sexually oriented magazines unconstitutional [Excerpt: Captain Steven W. Johnson v.County of Los Angeles Fire Department; Title VII does not call for punishment of bad thoughts;danger of group stereotypes], 293

94.82 Hazing and sexual harassment [discrimination must be based on sex; scope of Title IX and"hostile environment" theory], 296

94.92 Silva case settled, 311

95.10 Sexual ethics [young people need guidance on forming relationships; neglecting the emotionaldimension of sex; the impact of exploitative sex on men; Walter Lippman on self-restraint;students seek self-restraint], 328.

95.14 "Fantasies" on the Internet [University of Michigan sophomore arrested for sending threat onInternet; distinguishing threats from fantasies; Internet "addiction"; Saul Bellow on "the distractedpublic"; Alexander Solzhenitsyn on silent reflection], 336.

95.26 No punishment for "offensive personality" [defining ethical standards with reasonable precision;hostile environment sexual harassment requires a pattern of misconduct], 359.

95.33 Written jibes aren't sexual harassment [Title VII not a remedy for every tasteless joke;alternatives to censorship or punishment suggested], 367.

95.41 Sexual harassment and freedom of expression [sexual harassment and the tort of intentionalinfliction of emotional distress; little First Amendment protection to false or needlesslyprovocative statements about private individuals], 378.

95.52 A series of recent sexual harassment cases [(1) breach of contract for a college to discharge atenured professor pursuant to a sexual harassment policy, rather than a procedure establishedfor dismissal of tenured faculty; (2) employer excused from liability for sexual harassment by anemployee if the victim of the harassment had reasonable grounds to believe the employer's non-discrimination policy prohibited the harassment; (3) teacher at a public college can be required toreview his teaching methods, attend a sexual harassment seminar, and be formally evaluated, ifit is determined that his "confrontational style created a hostile learning environment for some ofhis students], 391.

95.65 Sexual harassment and the curriculum [court rejects hostile environment claim based on explicitsex education program; sex education program does not interfere with free exercise of religion; needed in conducting AIDS awareness programs], 420.

95.67 Sexual harassment and e-mail [expulsion for e-mail sexual harassment at Caltech; communitycensure (not formal punishment) for offensive e-mail at Cornell; hormones and electrons don'tmix], 423.

95.69 OFFAL strikes Cornell [anarchist group "mailblasts" Cornell with a "satirical" letter written underthe name of Cornell's judicial administrator; application of the

Electronic Communication Privacy Act of 1986; possible tort law implications], 427.

96.10 Liability for peer harassment [U.S. Court of Appeals for the 11th Circuit held that Title IX givesstudents the same protection from peer sexual harassment as employees in the workplace], 454.

96.30 Defining the scope of sexual harassment [action or inaction of officials must be based on sex;personal animosity is not sexual harassment; Title IX may not apply to peer sexual harassment],506.

96.34 Sexual harassment by teachers and peers [in Cohen v. San Bernardino Valley College, the U.S.Court of Appeals for the Ninth Circuit held that a tenured professor who used a sexuallyprovocative teaching style was subject to an unlawful "legalistic ambush" when the collegesought to discipline him for sexual harassment; a federal district court in Rubin v. Ikenberry, et.al. upheld a decision at the University of Illinois to discipline a tenured professor for repeatedsexual comments, inquiries, and jokes, in and out of class; the Office of Civil Rights (OCR) ofthe U.S. Department of Education issued a "Dear Colleague" letter, stating that schools andcolleges may be liable under Title IX of the Education Amendments of 1972 for peer harassmentthat creates a hostile environment; Economist on dangers of over-regulation, 517.

96.37 Sexually abusive "horseplay" as sexual harassment [courts split on same-sex harassment assexual harassment], 527.

96.43 Defining a "hostile environment" [most courts are reluctant to conclude that single incidents ofrude, crude, or boorish behavior are actionable, even if the victim is subject to some forms ofunwelcome touching], 541.

97.7 Recent cases on the ADA and sexual harassment liability [courts reluctant to expand the ADAinto areas never contemplated by Congress; scope of supervisory liability for sexual harassmentor other violations of federal law limited], 574.

97.37 Title IX, off-campus assaults, and "hostile environment" theory, [University of Missouri DentalSchool was not responsible for an assault against a student by a clinical instructor, when theassault occurred at the instructor's independent, private dental office; "hostile environment"sexual harassment is not defined by the subjective reactions of alleged victims; the harassmenthas to be "severe or pervasive," from the standpoint of a "reasonable person"; allegedharassment perpetrators have rights too: Decision by a jury in Milwaukee to award $18 million inpunitive damages to a corporate executive fired for "joking" with a female co-worker about asexually provocative theme.], 644.

97.44 Defining limits in sexual harassment law [three recent cases define limits in sexual harassmentlaw, pertaining to off-campus internship assignments, honoring requests for confidentiality bysexual harassment complainants, and institutional liability for peer harassment by students(Davis v. Monroe County Board of Education en banc decision)], 659.

97.45 Defining limits in sexual harassment law, Part II [the holding in Smith v. Metropolitan SchoolDistrict Perry Township brought the Seventh Circuit in line with the Fifth and Eleventh Circuits inchallenging Department of Education, Office of Civil Rights (OCR) guidelines expandinginstitutional liability for sexual harassment under employment law agency standards; SWRAssociate Editor Susan Bayly on confidentiality in processing sexual harassment complaints],662.

98.8 Expanding the coverage--and narrowing the scope--of sexual harassment law [in Oncale v.Sundowner Offshore Services the Supreme Court held that same sex harassment in theworkplace can violate Title VII; the holding reiterates that sexual harassment law is designed toprohibit discrimination based on sex, not merely sexually "offensive" behavior or horseplay;"reasonable person" (not "reasonable woman") test used to determine whether conduct "issufficiently severe or pervasive enough to create an objectively hostile or abusive workenvironment"], 704.

98.10 Isolated incidents or hostile environment? [Taylor v. Metzger: New Jersey Supreme Courtdecision holding that a demeaning racial epithet directed to a subordinate by a high-rankingpublic official can create a hostile work environment; Skouby v. The Prudential InsuranceCompany of America: 7th Circuit decision holding that crude pictures and occasional offensivelanguage directed to a female employee by fellow employees did not constitute sexualharassment; public mood of forgiveness for "sexual misconduct" reflected in views of GloriaSteinem on the sexual harassment charges against President Clinton], 710.

98.11 A reflection on sexual harassment after Jones v. Clinton [federal court held that Clinton's alleged"actions as shown by the record do not constitute the kind of sustained and nontrivial conductnecessary for a claim of hostile work environment"], 713.

98.22 Sexual harassment requires discrimination based on sex [Title IX "hostile environment" casedismissed in Bosley v. Kearney: offensive behavior distinguished from discrimination based onsex; list of cases on whether Title IX holds schools accountable for student peer harassment],733.

98.27 Defining the law of sexual harassment [In Gebser et. al. v. Largo Vista Independent SchoolDistrict the Supreme Court held that a school would not be liable for sexual harassment of astudent by a teacher, unless school officials had "actual notice of, and [were] deliberatelyindifferent to, the teacher's misconduct"], 744.

98.28 Sexual harassment in the workplace [In Burlington Industries v. Ellerth and Faragher v. City ofBoca Raton the Supreme Court held that employers will be liable for the tangible, discriminatoryemployment actions of supervisors. However, in cases where a discriminatory "hostileenvironment" is created by a supervisor--but no tangible employment action is taken against aplaintiff employee--employers may escape liability by proving that they used "reasonable care toprevent and correct promptly any sexually harassing behavior" and that "the plaintiff employeeunreasonably failed to take advantage of any preventive or corrective opportunities provided bythe employer or to avoid harm otherwise"], 747.

99.4 Sexual harassment: Law and policy issues in 1999 [William Kaplin's analysis of two cases recently decided by or pending before the U.S. Supreme Court: Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education; impact of Jones v. Clinton ], 815.

99.9 Peer harassment and the "Violence Against Women Act" [in Brzonkala v. Virginia Polytechnic Institute the U.S. Court of Appeals for the Fourth Circuit held that the "Violence Against Women Act" exceeds Congress' power], 830.

99.18 Defining hostile environment sexual harassment [in Minor v. Ivy Tech State College the U.S. Court of Appeals for the Seventh Circuit held that a hostile environment must be "extreme" to be actionable; boorish behavior distinguished from sexual harassment; related holding in Jones v. Clinton], 851.

99.22 Limited liability for sexual harassment by students, part I [in Davis v. Monroe County Board of Education the Supreme Court held that Title IX authorizes a private cause of action for student-on-student sexual harassment; deliberate indifference to "known acts" of such harassment is required.], 859.

99.23 Limited liability for sexual harassment by students, part II [an interview with Catholic University Law Professor William Kaplan], 862.

99.24 New imperatives for student ethical development [sexual harassment programming should go beyond legal issues; affirming core values of empathy and self-restraint; Patricia King on "Why is it so hard to teach ethics?"; Francis Fukuyama on the end of "the Great Disruption"], 865.

00.5 Sexual harassment and liability for campus crime [decision in Martin v. Howard University, holding that employer may be held liable for a hostile work environment that is created by a non-employee, including those non-employees who were invited or permitted to remain on an employer's premises; Tanja H. v. Regents of the University of California on limited duty to monitor private social activities in residence halls; Souders v. Lucerno holding that state college campus is not a "public forum" like a street or park: College administrators applauded Souders, but need to remember that the more assertive they are in claiming authority to manage the campus environment, the more likely it is they will be found negligent for failing to exercise it], 941.

00.19 Defining the limits of congressional power [In Brzonkala v. Morrision the U.S. Supreme Court struck down the private civil remedy provision in the Violence Against Women Act], 980.

00.21 Judicial hostility to hostile environment theory, part I [Recent cases highlighting judicial reluctance to give an expansive interpretation to "hostile environment" theory], 986.

00.22 Judicial hostility to hostile environment theory, part II [Eleventh Circuit decision in Gupta v. Board of Regents narrowly defining a "hostile environment in the college and university setting; review of George Washington University law professor Jeffrey Rosen's proposed alternative to hostile environment theory, grounded in the right to privacy], 989.

00.25 Employer liability for online harassment and defamation [In Tammy S. Blakey v. Continental Airlines, the New Jersey Supreme Court held that an employer who knows about a pattern of retaliatory harassment in a work-related online forum may be liable for taking effective measures to stop it], 999.

00.33 Limiting the "qualified immunity" defense, Part II [U.S. Supreme Court decision in Wood v. Strickland, warning from Justice Powell about defining "unquestioned constitutional rights"; expanding Section 1983 claims to "supervisory liability"; the importance of being educated about the law�and shifts in public policy], 1022.

00.34 Due process in sexual assault cases [In Schaer v. Brandeis University the Supreme Judicial Court of Massachusetts applied a limited "basic fairness" standard in reviewing disciplinary cases at private institutions of higher education; growing press criticism of how campus sexual assault cases are resolved; OCR Title IX policy guidance requires colleges to "respond promptly" to sexual assault allegations], 1025.

00.35 Resolving sexual assault allegations: A case study, 1028.