A review on the literature before the Clery Act was passed and enacted all over the United States. It is evident that before Title IX was passed sexual harassment, gender-based discrimination, and sexual violence were overlooked. Title IX was not only just about sports and sex-based discrimination in education, but also to protect men and women on college campuses. This claims comes with sporting evidence to calibrate with the above statements. References will also be made to Title VII of the Civil Rights Act of 1964. Journal articles from after Title IX and the Clery Act will also be referenced throughout this literature review. The passage of Title IX paved the way in preventing and helping deal with sexual incidents on …show more content…
The unwelcomed conduct of the sexual nature includes: unwanted sexual advances, request for sexual favors, verbal and non-verbal, and physical conduct of sexual natures. A prime example of physical conduct of sexual natures would be posting sexual materials in a classroom.
Under Title …show more content…
The courts came to the conclusion that yes it is in Title VII, and in the 1990's under Title IX according to SilBaugh 2015. In an analytical review SilBaugh (2015) claims that the movement was so informative, it was useful in understanding its implications today in the campus sexual assault discussion and the recent legal actions taken by the Obama administration to address sexual assault on campuses via Title IX. Here is an example of the first Title VII case in the United States addressing sexual harassment. SalBaugh explains in 1974 the terminology was not yet used and the plaintiff lost at trial because sexual harassment was not acknowledged as presenting an actionable theory under Title VII until 1977 appeals court. In the late 1970's and early 1980's guidelines were put in place that states sexual harassment constitutes as sex discrimination, encouraging litigants to test the theory in court says SilBaugh (2015) also saying it was not able to hold up in court because sex discrimination was not fully evolved with Title VII and Title IX. In 1996, in Doe v. Petaluma City School District, in the U.S. District court for northern district California became the first court to uphold that a school can be sued under Title IX if it does not address one’s student’s sexual harassment of another claims Welsh (1997). SilBaugh (2015) referees back to the confirmation that student-to-student sexual harassment concept