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Abstract: 

School district liability for peer-on-peer bullying by students under the U.S. Supreme Court decision in Davis v. Monroe requires a showing by the plaintiff of the school’s or district’s deliberate indifference to the harassment and bullying. Under Title IX of the Education Amendments of 1972, no federally funded institution may permit discrimination on the basis of sex (gender) that restricts the individual’s equal access to educational opportunities provided by the institution. One element of a prima facie case under Davis is “deliberate indifference” to reports of peer sexual harassment. This article explains the meaning of this term and the standards carved out in case law for liability.

Keywords: ender 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, sc

Affiliations:  1: John Jay College of Criminal Justice and Fordham Law School.