Does the Behavior Meet Both Subjective and Objective Tests Related to Its Level of Interference With Student Education?
Unreasonable interference with education is assessed through a two-pronged test: subjective and objective. Subjectively, did the alleged victim experience unreasonable interference? Objectively, would a reasonable person similarly situated to the alleged victim be unreasonably interfered with, given the totality of these circumstances? For example, Sally comes to you saying, “The way Tommy looks at me makes me feel uncomfortable. He’s s’xually harassing me, and it’s hard for me to pay attention in class.” Sally is experiencing what she considers to be interference with her schoolwork. That is the subjective test. You make some informal inquiries and find out that Tommy has cerebral palsy. He has trouble controlling his head and neck and often appears to be blankly staring to his right or left. There is no evidence that any behavior on Tommy’s part is s’xual in nature, nor does any intent to harm exist. No other students have a problem with Tommy and they enthusiastically support and in
