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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 beginning to take shape as lower courts face these issues in light of the Supreme Court’s recent holdings.

GW Paper Series

GWU Legal Studies Research Paper No. 2013-69; GWU Law School Public Law Research Paper No. 2013-69

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