Student Sexual Harassment Cases

Student Sexual Harassment Cases occur in response to student-to-student sexual harassment or teacher to student. Since May 24th of 1999, the U.S. Supreme Court ruled in favor of students ability to recover monetary damages on account of student to student sexual harassment filed against a school under Title IX of the Education Amendments to the Civil Rights Act. This decision came five to four in a Supreme Court decision on the Davis v. Monroe County Board of Education and states that monetary damages may only be sought, only when the school district was deliberately indifferent to the harassment. Additionally, the harassment experienced would have to be severe and pervasive to the extent that the student was denied access to their educational right or benefits. The Davis case involved a female student who was harassed by a male peer and although she reported the situation to her mother who spoke with her teacher, nothing was done. In response, her mother filed under Title IX and the lower court dismissed the case since the school itself did not participate in the harassment. When she appealed the Eleventh Circuit court overturned the decision, then reversed to a dismissal, so the mother appealed to the Supreme Court.

Fast Facts

  • The new Davis decision, acknowledged the school as responsible when they knew about the harassment and failed to take action.

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