Deliberately Indifferent: Institutional Liability for Further Harassment in Student-on-Student Title IX Cases
Sexual harassment is an unfortunate problem far too many have experienced. Universities and other educational institutions owe a duty, both legal and moral, to protect students from sexual harassment, and in turn to allow students to receive the full benefits of their education. But a circuit split has limited students’ ability to hold educational institutions liable. This circuit split results in the absurd scenario where an individual must experience sexual harassment more than one time to hold their educational institution liable. This Note attempts to fix that by proposing Title IX (the law governing sexual harassment at educational institutions) adopt the hostile work environment analysis from Title VII (an employment law statute) in further harassment claims. This solution balances the interests of students in receiving the full benefits of their education in a safe environment with the interests of educational institutions to not be held liable for issues these universities may not know exist.
Jacob R. Goodman