1998/99 U.S. Supreme Court Decisions

Student Harassment Liability

Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education

These U.S. Supreme Court cases confirm that colleges can be held liable for student-on-student or teacher-to-student harassment when: (1) the harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to educational opportunities or benefits provided by the school, (2) the school has control over the context in which the harassment arose, (3) the school has disciplinary control over the harasser, and (4) the school had actual knowledge of the harassment and responded with deliberate indifference to the complaint.