1998/99 U.S. Supreme Court Decisions
Gebser v. Lago Vista Independent School District
On June 28, 1998, in Gebser V. Lago Vista Independent Schools Districts, the Court decided that a school could be held liable under Title IX for a teacher's sexual relationship with an eighth-grade student if a responsible school official (one with authority to take corrective action) had actual knowledge of the harassment and the school's response to that knowledge amounted to deliberate indifference to the teacher's misconduct.
Davis v. Monroe County Board of Education
In its May 24,1999, opinion in Davis v. Monroe County Board of Education, the Court held that a school can be liable for monetary damages in cases of student-on-student harassment if all of the following conditions are met:
- the harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school; the harasser is under the school's disciplinary authority;
- a school official with authority to address the discrimination has actual knowledge of the sexual harassment; and the school board is deliberately indifferent to the sexual harassment.