Bruneau v. South Kortright Central School District

163 F.3d 749 (2d Cir. 1998)

US Court of Appeals

1998

Student sued school district, school board, assistant superintendent, and teacher under Title IX and § 1983 for alleged sexual harassment by fellow students while plaintiff was in the sixth grade. The court held, inter alia, that: (1) school officials have qualified immunity because the right to be free from a sexually hostile work environment created by peer-on-peer sexual harassment was not a clearly established right; (2) opportunity for relief under Title IX precluded a suit under § 1983; and (3) liability under Title IX may vest only upon a showing that the district had actual knowledge of the sexual harassment.

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