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
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus
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
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring
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 Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys

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 Teen Mental Health Is Improving, CDC Finds. Then Why Are Experts Still Concerned?
Student mental health remains a big challenge for schools to address.
5 min read
Student sitting criss cross pondering.
Collage by Laura Baker/Education Week + Getty
Student Well-Being & Movement Skimping on Recess Won't Fix Test Scores, Experts Say
Parent advocates are spreading the research-backed message: Kids need to move during the school day.
5 min read
HOUSTON, TEXASA - MARCH 18: Students play in the playground of Iman Academy Southwest is photographed on Tuesday, March 18, 2025 in Houston.
Students play in the playground of Iman Academy Southwest on March 18, 2025 in Houston. Across the country, many schools prioritize instructional time over recess—despite research that shows opportunities for play can improve academic performance.
Raquel Natalicchio/Houston Chronicle via Getty Images
Student Well-Being & Movement Opinion It's Football Season. That Matters More to Schools Than It Should
How did athletics beat out academics as the highest priority for public schools?
Robert Maranto
•
4 min read
Image of two students walking down a hall in isolation and in the background, you see silhouettes of a women's lacrosse team celebrating together in a huddle.
Laura Baker/Education Week + Getty
Student Well-Being & Movement Billions Will Flow to States Through Meta Settlement. Will Schools Benefit?
Schools could share in the payout. Meta's design feature changes could also help, experts say.
7 min read
Attorney's representing multiple states pose for a photograph outside court after after tech giant Meta reached a settlement to end a landmark trial over teen social media addiction in Oakland, Calif., Wednesday, Aug. 26, 2026.
Attorneys representing multiple states pose for a photograph outside a federal court in Oakland, Calif., after after tech giant Meta reached a settlement to end a landmark trial over teen social media addiction on Aug. 26, 2026. The settlement terms and payments could have major effects on students and schools, according to legal and technology experts.
Noah Berger/AP