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Secondary Sources
The following resources are helpful to a clear understanding of this issue. The ALRs are good starting point for an overview of the law. The Law Review articles are more on point and an excellent resource, especially under the subheading on Sexual Orientation. Use the Legal Encyclopedias only for foundational knowledge.
Robin Cheryl Miller, Annotation Liability, Under State Law Claims, of Public and Private Schools and Institutions of Higher Learning for Teacher's, Other Employee's, or Student's Sexual Relationship With, or Sexual Harassment or Abuse Of, Student, 86 A.L.R. 5th 1 (2001).
Sexual Harassment
Ann K. Wooster, Annotation, Sex Discrimination in Public Education under Title IX Supreme Court Cases, 158 A.L.R. Fed. 563 (1999).
Belinda Bean, Annotation Right of Action under Title IX of Education Amendments Act of 1972 (20 U.S.C..A.§§ 1681 et Seq.) Against School or School District for Sexual Harassment of Student by Student's Peer, 141 A.L.R. Fed. 407 (1997).
School/Teacher Liability
Christopher Bello, Annotation Personal Liability of Public School Teacher in Negligence Action for Personal Injury or Death of Student, 34 A.L.R. 4th 228 (1984).
Joel E. Smith, Annotation Liability of University, College, or Other School for Failure to Protect Student from Crime, 1 ALR 4th 1099 (1980).
Allan E. Korpela, Annotation Immunity of Private Schools and Institutions of Higher Learning from Liability in Tort, 38 A.L.R. 3d 480 (1971).
Allan E. Korpela, Annotation, Tort Liability of Public Schools and Institutions of Higher Learning for Injuries Resulting from Lack or Insufficiency of Supervision, 38 A.L.R. 3d 830 (1971).
Allan E. Korpela Annotation, Tort Liability of Private Schools and Institutions of Higher Learning for Negligence Of, or Lack of Supervision By, Teachers and Other Employees or Agents, 38 A.L.R. 3d 908 (1971).
Allan E. Korpela, Annotation, Modern Status of Doctrine of Sovereign Immunity as Applied to Public Schools and Institutions of Higher Learning, 33 A.L.R. 3d 703 (1970).
E. L. Kellett, Annotation Comment Note Private Person's Duty and Liability for Failure to Protect Another Against Criminal Attack by Third Person, 10 ALR 3d 619 (1966).
15 Am. Jur. 2d. Civil Rights VII § 338 (2000)
57 Am. Jur. 2d. Municipal, County, School, and State Tort Liability § 619 (1988)
45B Am. Jur. 2d. Job Discrimination § 954 (1993).
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Vanessa H. Eisemann, Protecting the Kids in the Hall: Using Title IX to Stop Student-on- Student Anti-Gay Harassment, 15 Berkeley Women's L.J. 125, (2000).
Joan E. Schaffner, Approaching the New Millennium with Mixed Blessings for Harassed Gay Students 22 Harv. Women's
L. J. 159, Spring (1999).
Theresa J. Bryant, May We Teach Tolerance? Establishing the Parameters of Academic Freedom in Public Schools, 60 U.
Pitt. L. Rev. 579, Winter (1999).
Amy Lovell Other Students Always Used to Say, 'Look at the Dykes : Protecting Students from Peer Sexual Orientation
Harassment 86 Calif. L. Rev. 617, May (1998).
Alycia N. Broz, Nabozny V. Podlesny: A Teenager's Struggle to End Anti-Gay Violence in Public Schools, 92 Nw. U. L.
Rev. 750, Winter (1998).
Patricia M. Logue & David S. Buckel Fighting Anti-Gay Abuse in Schools: The Opening Appellate Brief of Plaintiff Jamie
Nabozny in Nabozny v. Podlesny, Mich. J. Gender & L. 425 (1997).
Teemu Ruskola, Minor Disregard: The Legal Construction of the Fantasy That Gay and Lesbian Youth Do Not Exist, 8
Yale J.L. & Feminism 269 (1996).
Kelli Kristine Armstrong, The Silent Minority Within a Minority: Focusing on the Needs of Gay Youth in Our Public Schools, 24 Golden Gate U. L. Rev. 67, Spring (1994).
Sexual Harassment
Martha M. McCarthy Students as Victims of Sexual Harassment: The Evolving Law, 27 J.L. & Educ. 401, July (1998).
Emmalena K. Quesada, Innocent Kiss or Potential Legal Nightmare: Peer Sexual Harassment and the Standard for School
Liability Under Title IX, 83 Cornell L.Rev. 1014, May (1998).
Katie Wood, Holding School Systems Liable for Peer Sexual Harassment 14 Ga. St. U. L. Rev. 695, May (1998).
Kathy Lee Collins, Student-to-Student Sexual Harassment under Title IX: the Legal and Practical Issues, 46 Drake L. Rev.
789 (1998).
Diane M. Welsh, Limiting Liability Through Education: Do School Districts Have a Responsibility to Teach Students about
Peer Sexual Harassment?, 6 Am U.J. Gender & L. 165, Fall (1997).
Jeffrey A. Thaler Sexual Harassment of and Discrimination Against Students in Our Schools: Some Recent Principles in a Rapidly Changing Area of the Law, 12 Me. B.J. 220, July (1997).
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Law & Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues - A Review of Lesbian, Gay,
Bisexual, and Transgender Legal Issues, Law Review of Tulane Law School
National Journal of Sexual Orientation Law, the first on-line law journal in the country and the second devoted
exclusively to legal issues affecting lesbians, gay men and bisexuals.
GayLawNetGayLawNews Monthly international digest of reports concerning changes in the law actually decided by a Court or Tribunal or passed by a legislature and selected reports on possible future changes to the law.
University of Pennsylvania Journal of Constitutional Law
Articles
Dorothy M. Bollinger, Supreme Court Rules Same-Sex Harassment Is Actionable Under Title VII, Fox, Rothschild, O'Brien & Frankel, LLP (1997).
Darren Lenard Hutchinson, , Accomodating Outness: Hurley, Free Speech and Gay and Lesbian Equality,1 U. Pa. J. Const. L. (1998).
Memoranda of Law
David Buckel, Working On State Laws To Protect LGBT Students From Discrimination in Schools
David Buckel, Legal Perspective on Ensuring a Safe and Nondiscriminatory School Environment for Lesbian, Gay, Bisexual and Transgendered Students
Beth Littrell, Sexual Orientation Harassment of Students in Public Schools
Position Papers
Breaking the Silence: Addressing Gay Issues in Independent Schools
A New Avenue of Attack on Anti-gay Harassment in Schools
ACLU Paper on Hate Speech in Schools
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Roberta Wetzel & Nina W. Brown Student-Generated Sexual Harassment in Secondary
Schools, Bergin & Garvey (2000)
Synopsis: Information on the extent of student-to-student sexual harassment and its impact on the educational and psychological well-being of adolescent boys and girls. They also present a template and strategies for developing an effective school district sexual harassment policy and practical applications and strategies to sensitize and educate students, parents, and school personnel.
Robert E. Owens, Queer Kids : The Challenges and Promise for Lesbian, Gay, and Bisexual Youth (Haworth Gay and Lesbian Studies) Haworth Printing (1998)
Synopsis: An excellent source for Gay, Lesbian, Bisexual Youth and their supporters. This book is full of relevant information, tons of statistics, and plenty of excerpts from interviews with youth about every aspect of their sexuality.
Ellen Bass & Kate Kaufman, Free Your Mind : The Book for Gay, Lesbian, and Bisexual Youth--And
Their Allies, HarperCollins (1996).
Synopsis: Like most popular literature on homosexuality, Bass and Kaufman's adviser for youth plays a mite fast and loose with social science research. Still, it is an excellent resource. The authors pepper the text with the words of a few dozen young people who have been through the experiences that the book's six sections address: self-discovery and coming out, dealing with friends and first love, dealing with family, defending and asserting oneself in school, finding
solace in spirituality, and locating community support.
Caitlin Ryan & Donna Futterman, Lesbian and Gay Youth,Columbia Univ Printing (1998)
Synopsis: Named the 1998 Book of the Year in Psychiatric Nursing by the American Journal of Nursing, this guide has also been purchased for distribution by the Health Resources and Services Administration and should become the central work in the field. Health and emotional risks to lesbian, gay, bisexual, and transgendered youth are heightened by prejudice and the chance of antigay violence, as well as by the need for secrecy. In fact, the problems of disclosure may be the greatest impediment to appropriate health care for gay minors, who (often rightly) fear that their parents will be informed of their sexuality or their medical conditions. Health care providers have been working without clinical care guidelines for gay youth, let alone a single resource that brings together protocols for assessment, treatment, and
psychosocial care
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