96-20976. 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DATES: Comments on the draft Guidance must be received on or before 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draft Guidance should be addressed to Howard I. Kallem, U.S. Department 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: [phone]. 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 [phone] or 1-800-421-3481. 
Internet: [e-mail].

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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