Student Well-Being & Movement Federal File

Bill Would Change Liability Standard in Title IX Cases

By Mark Walsh — February 05, 2008 2 min read
  • Save to favorites
  • Print

A bill recently introduced in Congress seeks to modify the effects of two landmark U.S. Supreme Court decisions to give students greater legal protection from sexual harassment.

The rulings held that school districts may be held liable for the sexual harassment of students by school employees or by other students. But they set a high bar for allowing victims to recover damages under Title IX of the Education Amendments of 1972, which bars sex discrimination in federally funded educational programs.

In Gebser v. Lago Vista Independent School District, the court held in 1998 that a student may not recover damages unless a district official in a position to take corrective action was aware of a school employee’s harassing behavior and was deliberately indifferent to it.

In Davis v. Monroe County Board of Education, in 1999, the court held that Title IX covered student-on-student sexual harassment. But the justices said the harassment had to be “severe, pervasive, and objectively offensive” for victims to be able to recover damages.

On Jan. 24, Sen. Edward M. Kennedy, D-Mass., and Rep. John Lewis, D-Ga., introduced the proposed Civil Rights Act of 2008, which, among other provisions, seeks to undo the liability standard set in Gebser and Davis.

“Our legislation will strengthen existing protections in cases where the courts have let us down by narrowing individuals’ right to demand accountability for discrimination,” Sen. Kennedy said on the Senate floor.

Fatima Goss Graves, a senior counsel of the National Women’s Law Center, says in a paper released last week that the Gebser-Davis standard “has erected a series of hurdles that have grossly undermined Title IX’s protections.”

The School Law Blog

For regular news and analysis on legal developments affecting schools, educators, and parents, read The School Law Blog.

In the paper for the American Constitution Society, Ms. Graves backs the proposed civil rights bill, saying it give students the same protection from harassment that employees receive under Title VII of the Civil Rights Act of 1964.

Naomi E. Gittins, the deputy general counsel of the National School Boards Association, said the bill was worrisome because it would appear to impose a standard of strict liability on districts for harassment that officials didn’t even know about.

“It would definitely make it easier for plaintiffs to win cases against school districts,” said Ms. Gittins. The NSBA has not yet taken a formal stand on the bill.

The bill has been referred to committees in both the Senate and the House.

A version of this article appeared in the February 06, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
Reading & Literacy Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being & Movement Download How Schools Can Help Students Moderate Their Social Media Use (DOWNLOADABLE)
Hundreds of districts have sued major social media companies over the youth mental health crisis.
1 min read
Close up of a young woman holding a smartphone with like and love icons floating around the phone in her hands.
iStock/Getty Images Plus
Student Well-Being & Movement Spotlight Spotlight on Creating Safe Havens: Confronting Digital Threats and Supporting Student Well-Being
This Spotlight explores how creating safe havens and confronting digital threats supports student and staff well-being.
Student Well-Being & Movement Letter to the Editor Charlie Kirk’s Real Legacy
A teacher shares her concerns about the subject of an opinion blog post.
1 min read
Education Week opinion letters submissions
Gwen Keraval for Education Week
Student Well-Being & Movement What the Research Says Don't 86 the Six-Seven: Those Annoying Kid Trends Actually Have a Purpose
Children's culture can seem bizarre, but these fads can boost their social development.
5 min read
Middle school girl student playing a hand game with her friend on a school bus.
E+