1. Title IX – Statutory Language
No person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance

2. Title IX – Implied Cause of Action
Courts will determine the nature of claims under Title IX.
Sexual harassment is a type of discrimination actionable under Title IX. Gebser

3. Student on Student Harassment
Gender based peer harassment can be actionable. Davis
No respondeat superior or agency.
Institution liable only for own discriminatory conduct.

4. Davis Requirements Actual knowledge; Deliberate Indifference;
Severe and pervasive harassment. and
Deprives of educational benefits or opportunities.

5. Actual Knowledge
Davis rejects liability under a negligence or “should have known” standard.
A person with the ability to remedy the harassment has to know of it.

6. Deliberate Indifference
Again, not a negligence standard.
Doesn’t require any particular response.
Must take action that is intended to correct the harassment.

7. Severe and Pervasive Harassment
Objective standard
A single incident can be severe and pervasive enough to put institution on notice
Context matters

8. Deprive of Educational Opportunity
Must interfere with educational opportunity or participation.
Emotional distress where plaintiff avoids the educational environment is enough

9. Cyberbullying
Harassment must occur in context where institution has substantial control
Use of institution’s technology

10. Cyberbullying
Need to watch out for First Amendment issues. Westboro Baptist Church
Must meet severe and pervasive requirement