Student accuses instructor of online sexual harassment

Student accuses instructor of online sexual harassment Case name: Harbi v. Massachusetts Institute of Technology, et al., No. 16‐12394 (D. Mass. 09/01/17).Ruling: The U.S. District Court, District of Massachusetts dismissed a suit against the Massachusetts Institute of Technology.What it means: Title IX doesn't protect a foreign citizen who doesn't reside in the United States but takes an online course from a U.S. university.Summary: In 2013, 31‐year‐old French resident Faïza Harbi registered with the Massachusetts Institute for Technology for an online physics course taught by Walter Lewin.In November, Lewin and Harbi began an electronic correspondence that lasted for a few months. They communicated by email, Facebook pages, and eventually by Skype. At all times, Lewin was in the United States and Harbi was in France. The two never met in person.Many of the communications between Lewin and Harbi were explicitly sexual in nature. According to Harbi, Lewin implied that her successful completion of the course was conditioned on their continuing correspondence.In October 2014, Harbi finally reported Lewin to MIT. An ensuing university investigation concluded Lewin had violated multiple policies and procedures, and MIT promptly severed ties with him.Harbi filed a suit asserting several claims against MIT. One of them asserted violations of Title IX. The university filed a motion to dismiss, arguing the statute only applied to students who resided in the United States.The district judge said the plain language of the statute extended its protections only to “persons in the United States.”Notwithstanding that language, Harbi correctly noted the statute's purposes were to: (1) avoid the use of federal resources to support discriminatory practices and (2) provide protection against those practices. She argued the act should apply extraterritorially to ensure those purposes were achieved.But the judge said Harbi's approach would simply ignore the statutory language. He said courts weren't empowered to fix statutes, no matter how worthy the goal. The judge dismissed the claim, explaining that only Congress could rewrite Title IX. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Campus Legal Advisor Wiley

Student accuses instructor of online sexual harassment

Campus Legal Advisor , Volume 18 (7) – Jan 1, 2018
Free
1 page

Loading next page...
1 Page
1
 
/lp/wiley/student-accuses-instructor-of-online-sexual-harassment-O7maGdYxs8
Publisher
Wiley
Copyright
© 2018 Wiley Periodicals, Inc.
ISSN
1531-3999
eISSN
1945-6239
D.O.I.
10.1002/cala.30742
Publisher site
See Article on Publisher Site

Abstract

Case name: Harbi v. Massachusetts Institute of Technology, et al., No. 16‐12394 (D. Mass. 09/01/17).Ruling: The U.S. District Court, District of Massachusetts dismissed a suit against the Massachusetts Institute of Technology.What it means: Title IX doesn't protect a foreign citizen who doesn't reside in the United States but takes an online course from a U.S. university.Summary: In 2013, 31‐year‐old French resident Faïza Harbi registered with the Massachusetts Institute for Technology for an online physics course taught by Walter Lewin.In November, Lewin and Harbi began an electronic correspondence that lasted for a few months. They communicated by email, Facebook pages, and eventually by Skype. At all times, Lewin was in the United States and Harbi was in France. The two never met in person.Many of the communications between Lewin and Harbi were explicitly sexual in nature. According to Harbi, Lewin implied that her successful completion of the course was conditioned on their continuing correspondence.In October 2014, Harbi finally reported Lewin to MIT. An ensuing university investigation concluded Lewin had violated multiple policies and procedures, and MIT promptly severed ties with him.Harbi filed a suit asserting several claims against MIT. One of them asserted violations of Title IX. The university filed a motion to dismiss, arguing the statute only applied to students who resided in the United States.The district judge said the plain language of the statute extended its protections only to “persons in the United States.”Notwithstanding that language, Harbi correctly noted the statute's purposes were to: (1) avoid the use of federal resources to support discriminatory practices and (2) provide protection against those practices. She argued the act should apply extraterritorially to ensure those purposes were achieved.But the judge said Harbi's approach would simply ignore the statutory language. He said courts weren't empowered to fix statutes, no matter how worthy the goal. The judge dismissed the claim, explaining that only Congress could rewrite Title IX.

Journal

Campus Legal AdvisorWiley

Published: Jan 1, 2018

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off