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Abstract: 

School district liability for peer-on-peer bullying by students is taking shape in the legal system. Among the most developed areas of liability for school districts is Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any federally funded education program or activity when the discrimination and/or harassment deprives the victim of equal access to educational opportunities. Examining the evolution of Title IX liability for school districts offers some important clues as to how the law may be applied in the context of bullying. The U.S. Supreme Court has established a two-prong test to establish a prima facie case of peer sexual harassment, which encompasses verbal, non-verbal, and physical acts of aggression, intimidation, or hostility that stem from inappropriate sexual behavior or gender stereotyping. Such behavior is common among teens, and schools should address the reports early and adequately to ensure that they are not later exposed to liability for failing to act.

Keywords: gender harassment, Title IX, peer bullying, gender stereotyping, teasing vs. bullying, deliberate indifference, severe and pervasive, disciplinary techniques, adequate interventions, anti-bullying policy, personnel training, educational experience, s

Affiliations:  1: John Jay College and Fordham Law School.