The US Supreme Court on Monday invited the Biden administration to share its views on whether Fairfax, Va., may be liable to a female high school student for its allegedly lacking response after learning a male student touched her sexually during a band class bus trip.
At issue is what actions entities that receive funding under Title IX of the 1972 Educational Amendments Act can be sued for in situations involving alleged student-on-student sexual harassment. According to the Fairfax County School Board, the federal circuits are sharply divided over whether a student claiming such sexual harassment must show she experienced additional harassment after reporting it to hold a Title IX entity liable.
A ruling by the justices will potentially impact “thousands of school systems and other entities across the country,” Fairfax said in its petition seeking high court review.
The level of notice required is also at issue in the case, the school board said. The US Court of Appeals for the Fourth Circuit mistakenly ruled that an “objective standard” governs whether the school board had actual notice that the encounter between “Jane Doe” and “Jack Smith” on the bus trip amounted to sexual harassment, Fairfax said.
The proper test is whether an entity subjectively believed harassment occurred, according to the school board. The Fourth Circuit flouted Supreme...
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