Aurelia Davis, As Next Friend of Lashonda D. v. Monroe County Board of Education et al. (526 U.S. 629)

U.S. Supreme Court · decided May 24, 1999 · Supreme Court Database (Spaeth)

Citation
526 U.S. 629 · 119 S. Ct. 1661
Decided
May 24, 1999
Term
October Term 1998
Vote
5–4
Majority author
Justice O'Connor
Issue area
Civil Rights
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice O’Connor delivered the opinion of the Court. Petitioner brought suit against the Monroe County Board of Education and other defendants, alleging that her fifth-grade daughter had been the victim of sexual harassment by another student in her class. Among petitioner’s claims was a claim for monetary and injunctive relief under Title IX of the Education Amendments of 1972 (Title IX), 86 Stat. 373, as amended, 20 U. S. C. § 1681 et seq. The District Court dismissed petitioner’s Title IX claim on the ground that “student-on-student,” or peer, harassment provides no ground for a private cause of action under the statute. The Court of Appeals for the Eleventh Circuit, sitting en banc, affirmed. We consider here whether a private damages action may lie against the school board in cases of student-on-student harassment. We conclude that it may, but only where the funding recipient acts with deliberate indifference to known acts of harassment in its programs or activities. Moreover, we conclude that such an action will lie only for harassment that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit. Petitioner’s Title IX claim was dismissed under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. Accordingly, in reviewing the legal…

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