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Davis V. Monroe County Board Of Education: The Unresolved Questions,, Joan E. Schaffner
Davis V. Monroe County Board Of Education: The Unresolved Questions,, Joan E. Schaffner
GW Law Faculty Publications & Other Works
This article focuses on the recent trend of permitting liability of schools when students are sexually harassed, which the Supreme Court has only recognized for twenty years. I examine the majority and dissenting opinions of the Court’s most recent decision about this topic, Davis v. Monroe County Board of Education and analyze three questions brought to light by Davis and Gebser v. Lago Vista Independent School District. These questions are: (1) what qualifies as “actionable” sexual harassment, (2) who must receive notice, and (3) what satisfies the “deliberate indifference” standard from Davis. The answers to these questions are just …