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On May 24, 1999, in a five to four decision, the United States Supreme Court (Davis v Monroe County Board of Education, 1999 U.S. LEXIS 3452 (1999)) held that school districts can be liable for damages under Title IX for failing to stop student-on-student or peer sexual harassment. In the first decision on the issue of peer sexual harassment, the court declared that schools would be liable for monetary damages if they are "deliberately indifferent" to student-on-student harassment that is "so severe, pervasive, and objectively offensive" that it interferes with the victim's education.
Background
The case involves allegations that LaShonda Davis, a fifth grader in the Monroe County, Georgia schools in 1992-93, was repeatedly harassed by a male classmate. Aurelia Davis, her mother, brought suit under Title IX of the Federal Education Amendments of 1972 seeking to hold the board of education liable for failing to take reasonable steps to stop a fivemonth pattern of sexual harassment by the classmate.
The suit alleges that the student harasser, G.F., was in several of LaShonda's classes and was initially assigned to the seat next to her. G.F repeatedly attempted to touch LaShonda's breasts and vaginal area. G.F. also directed vulgarities at LaShonda in the classrooms and hallways. The behavior continued for several months.
LaShonda told her mother about G.F.'s behavior. LaShonda and her mother reported these incidents to the teacher and the principal but no action was taken. The school never disciplined G.F. even though he was eventually charged with and pled guilty to sexual battery in a Georgia court. Eventually, the teacher allowed LaShonda to move to a different seat away from G.F. As a consequence of G.F's behavior, LaShonda's ability to function in school was reduced and her grades dropped. She also suffered mentally and emotionally, to the point that she wrote a suicide note.
The case was first heard in the district court in Georgia. The district court dismissed Davis' claim, ruling that Title IX which bars sex discrimination in public education does not prohibit peer sexual harassment. The Eleventh Circuit Court of Appeals reversed the district court's dismissal ruling that schools could be liable under Title IX for failing to stop known instances of sexual harassment by other students. Then, the Eleventh...