Sexual Harassment in the Classroom

Another newsworthy decision from the United States Supreme Court's 1999 term, although set in the school context, has broader implications for employers and institutions.

In Davis v. Monroe County Board of Education, No. 97-843 (May 24, 1999), the Court allowed students to sue schools for sexual harassment committed by their classmates. Citing Title IX of the Education Amendments of 1972, the petitioner claimed that the school board's "deliberate indifference" to the "persistent sexual advances" of another student created a hostile school environment. Title IX prohibits a student from being discriminated against in participating or receiving the benefits of any education program receiving federal financial assistance. 20 U.S.C. § 1681(a).

The Court reversed the Eleventh Circuit, finding that there may be a private cause of action against a school board under Title IX for student-on-student (or "peer") harassment. The claimant must prove that the school had actual knowledge of the sexual harassment, but was "deliberately indifferent" to it, and the harassment is "so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school."