First-grader's kiss not harassment, new guidelines say

Schools advised to use common sense

WASHINGTON (CNN) -- That peck on the cheek that got first-grader Johnathan Prevette into such hot water last year fell short of sexual harassment, the U.S. Department of Education has determined.

Last year, the North Carolina boy was separated from his class for a day and kept from an ice cream party as punishment for kissing a classmate. The case drew worldwide attention -- and ridicule.

In issuing new sexual harassment guidelines Thursday for schools and colleges that receive federal aid, the Education Department told schools to use "common sense" in determining what conduct constitutes harassment.

The new guidelines say conduct must be "sufficiently severe, persistent or pervasive" to rise to the level of harassment. School officials also were told to take into account an alleged offender's age.

The Associated Press contributed to this report.

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