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Full-Text Articles in Education

A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert Apr 2024

A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert

BYU Education & Law Journal

A 2004 literature review commissioned by the U.S. Department of Education estimated that one in every ten students would experience sexual harassment or abuse at the hands of an educator during their time in public schools. Even more alarming, multiple studies within Shakeshaft’s 2004 review suggested that this issue goes well beyond the reported data. At that time, leading social science research estimated that only 6% of children who were victims of educator sexual misconduct reported it. With significant developments in digital communications technologies since that 2004 study, researchers in the U.S. Department of Education have estimated that the number …


A Practitioner's Approach To Examining Title Ix, Jordan Tegtmeyer, Ashley Nicoletti Apr 2024

A Practitioner's Approach To Examining Title Ix, Jordan Tegtmeyer, Ashley Nicoletti

BYU Education & Law Journal

With the 52nd anniversary of Title IX happening this spring amid recent issues related to gender equity in college sports, we thought it important to examine Title IX’s three-part test. The past year’s Title IX stories indicate a gap in understanding around compliance with its three-part test. Whether it be disparate accommodations for NCAA women’s basketball and softball players or institutions citing Title IX as one of the rationales for dropping sports, Title IX has been all over the news. This article seeks to establish a legal and regulatory framework practitioners can use when thinking about compliance with Title IX’s …


Student Athlete Or Student Employee? Considering The Future Implications Of Recent College-Athletics Decisions Regarding Employee Classification, Nathan Schmutz, Joseph Hanks Apr 2024

Student Athlete Or Student Employee? Considering The Future Implications Of Recent College-Athletics Decisions Regarding Employee Classification, Nathan Schmutz, Joseph Hanks

BYU Education & Law Journal

Nature often provides warning signs of oncoming danger. For example, a generally recognized phenomenon associated with a tidal wave caused by an oceanic earthquake is the major withdrawal of water resembling an extreme low tide. Universities take note, a similar phenomenon might be occurring in relation to college sports. Recent decisions might be signaling a receding of waters before a surge of litigation that results in college athletes being considered employees of the university. This paper considers recent court and administrative decisions that might be indicative of this major shift and discusses possible implications of such a change.


Elj 2024 Front Matter Apr 2024

Elj 2024 Front Matter

BYU Education & Law Journal

No abstract provided.


Let's Get Critical: The Rights And Obligations Of School District Stakeholders Under State Laws Limiting Or Banning Discussion Of Critical Race Theory In K-12 Classrooms, John E. Rumel Apr 2024

Let's Get Critical: The Rights And Obligations Of School District Stakeholders Under State Laws Limiting Or Banning Discussion Of Critical Race Theory In K-12 Classrooms, John E. Rumel

BYU Education & Law Journal

Critical Race Theory has moved from the halls of academia to the center of a national debate about the role of teachers in instructing students about race, race relations and the United States’ troubled history concerning those subjects. Addressing growing concerns over Critical Race Theory from the political right, state legislatures have responded quickly by enacting a host of Anti-Critical Race Theory (anti-CRT) bills that seek to expel Critical Race Theory from the classroom.