Office for Civil Rights; Sexual Harassment Guidance: Peer Sexual Harassment; Draft Document Availability and Request for Comments

[Federal Register Volume 61, Number 160 (Friday, August 16, 1996)]

[Notices]

[Page 42728]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 96-20976]

[[Page 42727]]

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Part V

Department of Education

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Office for Civil Rights; Sexual Harassment Guidance: Peer Sexual

Harassment; Draft Document Availability and Request for Comments;

Notice

Federal Register / Vol. 61, No. 160 / Friday, August 16, 1996 /

Notices

[[Page 42728]]

DEPARTMENT OF EDUCATION

Office for Civil Rights; Sexual Harassment Guidance: Peer Sexual

Harassment; Draft Document Availability and Request for Comments

AGENCY: Department of Education.

SUMMARY: The Assistant Secretary for Civil Rights announces the

availability upon request of a draft document entitled ``Sexual

Harassment Guidance: Peer Sexual Harassment'' (Guidance).

The Guidance provides educational institutions with information

regarding the standards used by OCR to investigate and resolve cases

involving claims that peer sexual harassment has created a hostile

environment in violation of Title IX of the Education Amendments of

1972. Title IX prohibits gender discrimination in education programs

that receive Federal financial assistance.

DATES: Comments on the draft Guidance must be received on or before

September 30, 1996.

ADDRESSES: All comments concerning and all requests for copies of the

draft Guidance should be addressed to Howard I. Kallem, U.S. Department

of Education, 600 Independence Avenue, S.W., Room 5414 Switzer

Building, Washington, D.C. 20202-1174. Telephone: (202) 205-9641. The

Guidance is also available on line at the Department's Home Page at

http:\\www.ed.gov.

FOR FURTHER INFORMATION CONTACT: Howard I. Kallem. Telephone: (202)

205-9641. Individuals who use a telecommunications device for the deaf

(TDD) may call the TDD number at (202) 205-9683 or 1-800-421-3481.

Internet: Howard--K[email protected].

SUPPLEMENTARY INFORMATION: The purpose of the Guidance is to inform

educational institutions that receive Federal financial assistance

regarding the standards that OCR follows, and that the institutions

should follow, when investigating allegations that peer sexual

harassment has created a hostile environment in violation of Title IX.

Peer sexual harassment can be the basis for a Title IX violation if the

conduct creates a hostile environment and the school has notice of the

hostile environment but fails to remedy it. OCR has investigated claims

of peer harassment filed pursuant to Title IX since at least 1989 and

the standards contained in the Guidance reflect OCR nationwide practice

and reflect well established legal principles developed under Title VII

of the Civil Rights Act of 1964, which prohibits gender discrimination

in employment.

The Department is accepting public comment on whether the Guidance

is clear and complete.

Also, in the coming weeks OCR will be issuing draft policy guidance

addressing issues related to sexual harassment of students by teachers

and other school employees, which is also prohibited by Title IX.

INVITATION TO COMMENT: Interested persons are invited to submit

comments and recommendations regarding the Guidance.

All comments submitted in response to this notice will be available

for public inspection, during and after the comment period, in Room

5414, 330 C Street, S.W., Washington, D.C., between the hours of 8:30

a.m. and 4:00 p.m., Monday through Friday of each week except Federal

holidays.

Dated: August 13, 1996.

Norma V. Cantu,

Assistant Secretary for Civil Rights.

[FR Doc. 96-20976 Filed 8-15-96; 8:45 am]

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