Title IX

Title IX states that no person in the United States shall be denied the benefits of any education program assisted by federal funds or be subjected to discrimination on the basis of sex. Although one of the most common uses of Title IX is in regards to equality between girls and boys high school and collegiate sports, it can be applied to any avenue of educational programs, or simply refer to equality and fair treatment in school environments.

The Legal Question?

Can a school board be liable for damages for failing to control harassment among students under Title IX of the Education Amendments of 1972?

Bullying Liability NC School Law

A Quick Resource for Teachers and Administrators

The Case Davis vs. Monroe County Board of Educ. (1999)

The Supreme Court Decision

The court determined, "We conclude that it may, but only where the funding recipient acts with deliberate indifference to known acts of harassment in its programs or activities." The Court established that because Title IX contains an implied private right to education, school boards can be held responsible. The Court holds that the harassment must go beyond teasing and bullying to harassment that is so severe, pervasive, and objectionably offensive that it deprives the victims of access to the benefits of education.

Aurelia Davis, mother of fifth grader LaShonda Davis, sued the Monroe County Board of Education alleging that the school board was negligent in preventing and trying to end the sexual harassment her daughter suffered at the hands of another student. Daviss lawsuit maintained that Title IX of the Education Amendments of 1972 guaranteed her daughter certain educational benefits, and that her rights were being violated by the school district when they failed to control the harassment.

Definition of Bullying by NC General Statute

"bullying or harassing behavior" is any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored function, or on a school bus, and that: (1) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or (2) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities, or benefits.

Could a scar be like the rings of a tree, reopened with each emotional season? Magenta Periwinkle, Cutting Class

Bullying or harassing behavior

includes, but is not limited to, acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics.

No student or school employee shall

be subjected to bullying or harassing behavior by school employees or students.

No person shall engage in any act of

reprisal or retaliation against a victim, witness, or a person with reliable information about an act of bullying or harassing behavior.

A school employee who has

witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official.