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Various forms of harassment are illegal under both Minnesota and U.S.
federal law as a type of discrimination. Harassment based upon
actual or perceived sexual orientation is specifically illegal under the
Minnesota Human Rights Act.
Harassment, including that based on sexual orientation, in our
schools can prevent students from experiencing an educational
environment free of intimidation and even to higher teenage suicide
rates. Often, harassment based on sexual orientation can become violent
because of the deep-seated prejudice against GLBT people in our society,
involving beatings as well as physical and psychological degradation.
In recent years, the United States Supreme Court has issued decisions
related to harassment in schools. In the case of Davis v. Monroe
County Board of Education, the court held that a school district is
liable even for harassment between students when it has actual knowledge
of severe harassment but deliberately disregards the right of the
student to have equal access to educational benefits. And in
Gebser v. Lago Vista Independent School District, the court also held
that districts are liable for severe harassment of students by school
district personnel. The same analysis would be expected to apply
under the Minnesota Human Rights Act.
It is essential that school district personnel, if they have not
already done so, develop policies to protect all students—including gay,
lesbian, bisexual, and transgender (GLBT) students—and programs to
educate staff and students in both the injustice and the legal
consequences of harassment.
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