Student Well-Being

District May Be Held Liable for Harassment, Court Rules

By Millicent Lawton — February 21, 1996 3 min read
  • Save to favorites
  • Print

Reversing a lower-court ruling, a federal appeals court in Atlanta last week found that a school district can be held liable for the sexual harassment of one student by another.

The 2-1 decision by the U.S. Court of Appeals for the 11th Circuit said that under Title IX of the Education Amendments of 1972 a district can be sued for money damages if school authorities know about but fail to act on a “sexually hostile educational environment” created by student-to-student sexual harassment.

Title IX forbids sex discrimination in educational institutions that receive federal funds.

The Feb. 14 ruling in Davis v. Monroe County Board of Education is believed to be the first time a federal appellate court has found that Title IX covers such a situation in a school district.

“I think it sends a very clear message to schools that once they know of sexual harassment that is happening to a student ... they have an obligation to respond appropriately,” said Deborah L. Brake, a senior counsel at the National Women’s Law Center in Washington who worked on the case.

The appellate ruling in the Georgia case sets a significant legal precedent for other school districts, said Gwendolyn Gregory, the deputy general counsel for the National School Boards Association in Alexandria, Va. “Schools are just being held responsible for everything,” she said.

William Prescott, a Macon, Ga., lawyer who represented the Monroe County district, agreed: “I think this opens the floodgates for an enormous amount of litigation.”

The circuit court reversed a 1994 U.S. District Court ruling that dismissed the lawsuit of parent Aurelia Davis saying she did not have a claim against the Monroe County schools under Title IX. She is seeking $1 million in damages against the 3,500-student district in Forsyth, northwest of Macon.

Ms. Davis filed suit claiming that school officials allowed her 10-year-old daughter, then in the 5th grade, to be harassed continually over five months in 1992 and 1993 by a male classmate who fondled her and spoke to her in a sexually explicit way.

Despite repeated complaints, the Davises allege, school officials did not move the girl from her assigned seat next to the boy until three months had passed. In May 1993, the male classmate was charged with and pleaded guilty to sexual battery.

“It was like they were going to sweep a pile of trash under the rug,” Ms. Davis said of school officials in an interview last week.

‘We Can’t Fire Students’

The 11th Circuit court based its decision in large part on the 1992 U.S. Supreme Court decision in Franklin v. Gwinnett County Public Schools, which held that a school district could be held liable for money damages for intentionally violating Title IX by allowing a teacher’s sexual harassment of a student. (See Education Week, March 4, 1992.)

In last week’s decision, the appellate court wrote that when a school knowingly fails to take action to remedy a hostile environment caused by a student’s sexual harassment of a peer, the harassed student has been denied the benefits of an education as guaranteed under Title IX.

“A female student should not be required to run a gauntlet of sexual abuse in return for the privilege of being allowed to obtain an education,” the circuit court wrote.

But Ms. Gregory of the school boards’ group called it a big leap to go from holding a district responsible for the actions of an employee, as in Gwinnett, to holding it accountable for those of students. “We can’t fire students like we can employees,” she said.

Mr. Prescott, the school district lawyer, said, “In this particular case, there’s no employee of the board of education or school system that was the harasser, so we don’t think there’s any basis for holding the school system liable under Title IX.”

The district has not yet decided whether to appeal the case to the U.S. Supreme Court or to ask for a rehearing before the full panel of 11th Circuit judges, he said.

A version of this article appeared in the February 21, 1996 edition of Education Week as District May Be Held Liable for Harassment, Court Rules

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
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
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

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 Download Traumatic Brain Injuries Are More Common Than You Think. Here's What to Know
Here's how educators can make sure injured students don't fall behind as they recover.
1 min read
Illustration of a female student sitting at her desk and holding hands against her temples while swirls of pencils, papers, question marks, stars, and exclamation marks swirl around her head.
iStock/Getty
Student Well-Being How Teachers Can Help LGBTQ+ Students With Post-Election Anxiety
LGBTQ+ crisis prevention hotlines have seen a spike in calls from youth and their families.
6 min read
Photo of distraught teen girl.
Preeti M / Getty
Student Well-Being Schools Are Eerily Quiet About the Election Results, Educators Say
Teachers say students' reactions to Trump's win are much more muted than in 2016.
6 min read
Republican presidential nominee former President Donald Trump greets Republican vice presidential nominee Sen. JD Vance, R-Ohio, at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla.
Republican presidential nominee former President Donald Trump greets Republican vice presidential nominee Sen. JD Vance, R-Ohio, at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla.
Evan Vucci/AP
Student Well-Being Student Journalists Want to Cover Politics. Not Everyone Agrees They Should
Student journalists are grappling with controversial topics—a lesson in democracy that's becoming increasingly at risk for pushback.
7 min read
Illustration of a paper airplane made from a newspaper.
DigitalVision Vectors