In Davis v. Monroe County Board of Education the Supreme Court was faced with deciding whether a school could be held liable for a 10 year old boy making sexual statements and advances to one of his female classmates. The result of this case sent shockwaves through not only elementary schools but also any educational institution receiving federal funding. Justice Sandra Day O'Connor delivered the majority opinion for the court which "held that the school would be liable for student-on-student sexual harassment if it acted with deliberate indifference to known acts of harassment in its programs or activities provided that the harassment is so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit "(Coulter, 1999)". Now you ask what does that mean and how would this institute affect higher education. The answer is that the opinion applies the hostile-environment paradigm of sexual harassment, (which arose in reference to the workplace) to any school system financially assisted by the federal government. The concept of the hostile-environment concept if applied to higher education must be used with extreme caution. Approximately 90% of the hostile-environment sexual harassment claims are not based on physical contact but on language "(Coulter, 1999)". The ways in which language is used in academia differs greatly from the workplace. Due to the application of the hostile-environment paradigm students and instructors alike must speak very carefully and avoid certain controversial issues that were once openly discussed. The classroom experience may suffer greatly if what was once looked upon as First Amendment-protected speech is now viewed as sexual harassment. Because of O'Connor's ruling sch

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Approximate Word count = 1203
Approximate Pages = 5 (250 words per page double spaced)