Discusses case of peer-to-peer harassment of a homosexual high school student in Nevada involving "Tinker" First Amendment expression issues and Title IX peer-harassment case law. Prior to trial, school district agreed to a substantial monetary settlement, but did not admit to First Amendment or Title IX violations. (Contains 13…

This paper considers recent state and federal court decisions regarding the private lives of teachers. It discusses in detail cases involving homosexuality, which are the most controversial, and cases involving heterosexuality. Also discussed are cases involving teacher relationships with minor students, nonsexual immorality, drug-related…

The conflict that often develops between university administrations and students wishing to form a gay student organization is discussed. Cases addressing the rights of gay student organizations are analyzed. (MLW)

This document presents witness testimonies and prepared statements from the Congressional hearing called to examine the issue of antigay violence. In his opening statement, Representative John Conyers, Jr. presents statistics which attest to a rise in antigay violence since the murders of San Francisco Mayor George Moscone and City Supervisor…

This paper discusses the current issues of homosexuality, the law, and public schools. It states that school administrators need to understand homosexuality as a concept and as a legal issue because research on homosexuality has historically been remiss and court cases regarding the rights of homosexuals are increasing. Following a brief summary…

This study of case law involving job discrimination on the grounds of sexual preference includes many cases showing how homosexuals holding government jobs have been affected. Within certain conditions, such discrimination in the public sector has been found illegal, a fact which could set a benchmark for private industry. (JOW)

Removal of school library books is again an issue in the courts. In a 1993 Kansas City case involving the superintendent's removal of "Annie on My Mind" from several school libraries, the federal court found that school officials' motivation violated the First Amendment. Administrators must resist the temptation to quell controversy by…

Analyzes South Dakota Supreme Court decision reversing school board's dismissal for incompetence of fifth-grade teacher for answering boys' questions about homosexual sex in explicit language. Court held that teacher's singular incident involving indiscreet answers was not sufficient to support charge of incompetence nor was the board policy…

Explores the exemplar and nexus arguments structuring the debate on acceptable teacher conduct outside the classroom. The exemplar argument holds teachers to a mandatory role model standard. The nexus argument views teachers' private acts as protected unless job performance is affected. While nexus (via court litigation) has protected teachers'…

This document contains testimony presented at a briefing on bigotry and violence on college campuses in the United States. Eight witnesses, including college educators and students, presented information about the extent and causes of, and possible solutions to, the apparent increase in the number of incidents. Panelists varied slightly in their…

Via a case study, this paper explores the legal question of whether a local school board's inquiry into the fitness of its teachers can extend outside the classroom. This issue is discussed within the framework of two divergent views concerning the absolute nature of First Amendment rights on the one hand and a compelling state interest that may…

Discusses Title VII of the Civil Rights Act of 1964 and the proposed Employment Non-Discrimination Act in terms of their potential legal remedies for victims of sexual-orientation discrimination. Examines several relevant federal appellate and Supreme Court decisions and the role of homosexual teachers. (PKP)

Immoral behavior does not automatically provide the basis for dismissal of a teacher or administrator. There must be a proven causal connection or nexus between the behavior and job performance. (Author/WD)

Pressured by religious conservatives, Congress passed the Equal Access Act (1984), allowing secondary school students the right to form on-campus extracurricular religious and other clubs. Recently, a Gay-Straight Alliance Club at a southern California high school was granted court protection under this statute, despite the community's objections.…

Presented are eight congressional hearings on a joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for women and men. The hearings focus on a constitutional overview; the impact of the Equal Rights Amendment (ERA) on private and parochial education, military law and policy, abortion policy,…