Student Well-Being & Movement

Clinton Administration Requests High Court Ruling on Harassment

By Mark Walsh — September 09, 1998 2 min read
  • Save to favorites
  • Print

The Clinton administration has asked the U.S. Supreme Court to decide whether school districts can be held liable under federal law for the sexual harassment of students by other students.

The administration, siding with women’s rights groups, told the high court that districts should face liability if school officials fail to address complaints of peer sexual harassment. The issue is a potentially explosive, and expensive, one for school districts.

The Department of Justice urged the justices to review a case from Georgia in which a federal appeals court ruled that districts cannot be held liable for such harassment under Title IX of the Education Amendments of 1972.

That law prohibits sexual discrimination, including sexual harassment, in public schools that receive federal funds.

The issue of peer harassment was not directly addressed in the Supreme Court’s June ruling in Gebser v. Lago Vista Independent School District, which involved a teacher’s affair with a student. The justices ruled 5-4 that districts cannot be held liable for damages in a private lawsuit under Title IX unless an official in a position to take corrective action knew of a teacher’s harassment of a student and was “deliberately indifferent” to it.

Lower Courts Divided

On the issue of peer harassment, lower federal courts have been sharply divided about whether districts can be sued at all under Title IX.

The Georgia case involves allegations that LaShonda Davis, a 5th grader in the Monroe County schools in 1992-93, was repeatedly harassed by a male classmate and that school officials failed to respond to her mother’s complaints. The Davis family’s lawsuit against the district was thrown out by a federal district court in 1994.

In a 7-4 decision last year, the full U.S. Court of Appeals for the 11th Circuit upheld that dismissal. Districts, the court said, cannot exercise the same control over the behavior of students as they can of their own employees.

“Congress gave no clear notice to schools and teachers that they, rather than society as a whole, would accept responsibility for remedying student-student sexual harassment when they chose to accept federal financial assistance under Title IX,” the majority on the Atlanta-based appeals court said.

But two other federal appellate courts have ruled that districts can be sued under Title IX over their handling of peer-sexual-harassment complaints. Those rulings have also been appealed to the Supreme Court.

The Clinton administration argues in its Aug. 13 friend-of-the-court brief in Davis v. Monroe County Board of Education (Case No. 97-843) that even under the liability standard set by the high court in Gebser, districts could still be liable under Title IX if they were deliberately indifferent to complaints of peer harassment.

Justices’ Request

The administration said the allegations in LaShonda Davis’ case meet the Gebser standard because three teachers and the principal knew of the harassment by a classmate and failed to stop it.

“When school officials know that severe or pervasive sexual harassment of a student is occurring under their education programs or activities, their failure” to address the problem violates Title IX “whether the students’ harasser is a school employee or another student,” the administration’s brief argues.

The Supreme Court had requested the administration’s views on the Georgia case. The justices could decide by early in their new term, which begins Oct. 5, whether to accept the case for review.

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
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool
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
School & District Management Webinar
McKinney-Vento Transportation Strategies: Managing Cost & Protecting Access
Explore McKinney-Vento transportation strategies to manage costs, respond quickly to changing needs, and protect student access.
Content provided by HopSkipDrive
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
Families & the Community Webinar
Celebrate Family Engagement Day With Strategies That Work
Join National PTA and AASA to explore practical systems-wide family engagement strategies in celebration of National Family Engagement Day.

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 Schools Crack Down on Energy Drinks as Health Experts Sound the Alarm
High caffeine intake is linked to anxiety and energy crashes later in the day that can interfere with learning.
3 min read
Prime energy drinks are displayed with other energy drinks at a grocery store, Friday, March 24, 2023 in Detroit.
Energy drinks are displayed at a grocery store on March 24, 2023, in Detroit. Some schools have banned students from consuming energy drinks on campus amid concerns about how high caffeine intake can affect children.
Carlos Osorio/AP
Student Well-Being & Movement Opinion We’re Stuck on the Wrong Question About SEL in Early Childhood
A family therapist explores how to help children make sense of their emotions.
Erika Bocknek
•
5 min read
A grid of elementary school children expressing a wide variety of different emotions. SEL. Social Emotional Learning.
Vanessa Solis/Education Week + Getty
Student Well-Being & Movement Why It’s Getting Tougher to Serve School Meals Made From Scratch
Federal reimbursements aren't sufficient to support school meal programs.
3 min read
Collage showing a lunch tray with milk, a sandwich, an apple, and vegetables. The collage includes a green plate, a silver spoon, a triangle shape filled with a hundred dollar bill, and a 4 section pie chart.
Collage by Gina Tomko/Education Week + Canva
Student Well-Being & Movement Preventing Measles Outbreaks in Schools: Key Takeaways
Schools can insulate themselves from health risks through a combination of knowledge and prevention.
1 min read
A flyer is displayed at a Pennsylvania Department of Health measles vaccination clinic located in Lancaster County in Peach Bottom, Pa., Tuesday, Oct. 20, 2026.
A flyer is displayed at a Pennsylvania Department of Health measles vaccination clinic located in Lancaster County in Peach Bottom, Pa., Tuesday, Oct. 20, 2026.
Matt Rourke/AP