Does Title IX cover sexual harassment?
Sexual harassment in education includes any unwanted and unwelcome sexual behavior that significantly interferes with a student’s access to educational opportunities. The Supreme Court has confirmed that schools have an obligation under Title IX to prevent and address harassment against students, regardless of whether the harassment is perpetrated by peers, teachers, or other school officials.
Title IX regulations explicitly prohibit sex discrimination which includes harassment, and a number of recent U.S. Supreme Court decisions have clarified how the law should be applied in this area. In particular, the unanimous Franklin v. Gwinnett decision (1992) held that Title IX prohibits sexual harassment and allows victims to recover damages from institutions that violate the statute. Gebser v. Lago Vista (1997) limited the availability of money damages by requiring plaintiffs to prove “deliberate indifference” and prior knowledge by the school administration in cases where teachers or other educational staff sexually harassed students. In the most recent decision, Davis v. Monroe (1999), the Court held that schools may be liable for peer (student-to-student) sexual harassment. The U.S. Department of Educations Office for Civil Rights (OCR) has produced guidelines outlining schools responsibilities for preventing sexual harassment and resolving allegations once they arise. The OCR
