Davis v. Monroe County Board of Education: Setting a Stringent Standard of Fault for School Liability in Peer Sexual Harassment Under Title IX-Demanding Responsible Proactive Protection

Abstract

This Note will examine the Court's decision in Davis and explore the practical effects application of this new standard will have on advancing society's fight against harassment by providing an avenue of relief for individual victims of peer harassment. Part II-A will provide background information on Title IX29 and will delve into the language of the statutory requirements Congress established for educational institutions receiving federal funding. Part II-B will illustrate the expansive reach of Congress' spending power through which it has the ability to control discrimination in schools, an area traditionally regulated by individual states. Additionally, Part II-C will examine whether the language of the Statute places schools on proper notice of their duty to individuals, thus creating a justification for a private cause of action. Part III presents the facts and procedural history of Davis, followed by an analysis of the arguments and basis of support for the majority and dissenting opinions in Part IV. Part V discusses Davis' potential future judicial, legislative, and social implications. Part VI concludes by applying common sense analysis to bolster positive support for the likely ramifications of the Court's decision.