On June 22, 1998, the Supreme Court issued a ruling that sets a new standard for the liability of a school district for the improper sexual behavior of a teacher toward a student. In Gebser v. Lago Vista Independent School District, a high school student had a two-year sexual relationship with one of her teachers, which she did not report to school officials. The only complaints the school principal received were from the parents of two other students, who objected to the teacher's sexual comments in class.
After a police officer discovered the teacher's sexual relationship with the student, the school district terminated the teacher, and his teaching license was revoked. The student filed suit against the school district and the teacher, raising claims of sexual harassment under Title IX of the Education Amendments of 1972 and a variety of state laws.
The Supreme Court held that a school district will not be liable for teacher-student sexual harassment under Title IX unless a school district official who has the authority to take corrective action on behalf of the school has actual notice of the teacher's misconduct and is deliberately indifferent to it. This standard regarding teacher-student sexual harassment, which requires actual notice and deliberate indifference by the school district, makes it much more difficult for a student to recover damages than a school employee who alleges sexual harassment by a supervisor. The latter situation would be guided by the vicarious liability standard of the Ellerth and Faragher cases summarized in our other articles here.
Although a school system will not be held liable for "knowledge" of improper sexual behavior under Title IX merely because subordinate school staff suspect or discuss it, we do not recommend that school systems relax their sexual harassment policies regarding students. Sexual harassment cases often involve egregious behavior that is known to administrators. In such cases, a court would be likely to find that the school district was on notice and deliberately disregarded the information. Therefore, it is essential to investigate complaints or reports of inappropriate sexual behavior by either employees or students. Depending on the circumstances, those claims could result in substantial liability for school districts if not immediately addressed.
This White Paper is published to inform clients and friends of Morgan Lewis and should not be construed as providing legal advice on any specific matter.
Liability of School Districts For Teacher-Student Sexual Harrassment
