| |
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.
|