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  • Davis v. Monroe County Bd. of Ed. , 526 U. S. 629 (1999)
    A private Title IX damages action may lie against a school board in cases of student-on-student harassment, but only where the funding recipient is deliberately indifferent to sexual harassment, of which the recipient has actual knowledge, and that harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the
  • Part 1: Questions and Answers Regarding the Department s Title IX . . .
    Answer 3: The Title IX regulations require a recipient to promptly respond to actual knowledge of sexual harassment in the recipient’s education program or activity against a person in the United States in a manner that is not deliberately indifferent 34 C F R § 106 44(a)
  • Appellate Courts Divided on Whether a Single Incident of Sexual . . .
    The Court soon extended this reasoning to sexual harassment of a student by another student, ruling in Davis that the “misconduct” in Gebser—a school’s deliberate indifference to known harassment— violates Title IX if certain conditions are met
  • Deliberate Indifference - ATIXA
    The Title IX regulations require a recipient to promptly respond to actual knowledge of sexual harassment in the recipient’s education program or activity against a person in the United States in a manner that is not deliberately indifferent 34 C F R § 106 44 (a)
  • Davis v. Monroe: Title IX Liability for Student Harassment
    Actual knowledge: An official with authority to take corrective action knew about the harassment Deliberate indifference: The school’s response was clearly unreasonable given what it knew
  • U. S. Department of Education Title IX Final Rule Overview (PDF)
    Consistent with Supreme Court precedent and the text of Title IX, a school must respond when: (1) the school has actual knowledge of sexual harassment; (2) that occurred within the school’s education program or activity; (3) against a person in the United States
  • Education Department Updates Title IX Regulations: Responding to Sex . . .
    Previously, under the 2020 regulations, schools with actual knowledge of sexual harassment were required to “respond promptly in a manner that is not deliberately indifferent ”
  • Reaffirming Actual Knowledge and Deliberate Indifference . . . - CaseMine
    This Supreme Court decision established that schools could be held liable under Title IX for the sexual harassment by its employees only if the school had actual knowledge of the misconduct and acted with deliberate indifference to it
  • Doe v. Haverford: Title IX and Deliberate Indifference
    Doe’s complaint sought damages under Title IX, alleging the college was deliberately indifferent to known acts of peer sexual harassment The college moved for summary judgment, arguing Doe failed to meet the stringent legal standard for institutional liability
  • Responding to Bystander and Anonymous Sexual Harassment Complaints
    If you find yourself in a situation where you are asked, as the Title IX Coordinator or designee, to “sign” a formal complaint based on a bystander or anonymous report, ask yourself whether there is sufficient factual detail to infer that sexual harassment covered by Title IX occurred





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