When Does a Student's Complaint of Sexual Harassment to a Teacher Trigger a Title IX Action Against a School District?

This specific question still remains unanswered by the U.S. Court of Appeals for the Eleventh Circuit. However, in Hawkins v. Sarasota County School Board, U.S. 11th Circuit Court of Appeals, Docket No. 02-10990, the appellate court upheld a Florida District Court decision that a Title IX action against the Sarasota County School District should be dismissed when acts of alleged sexual harassment committed by an eight-year-old male student were not so severe, pervasive and objectively offensive that it had the systemic effect of denying three eight-year-old girls equal access to educational opportunities, programs or activities in violation of Title IX of the Educational Amendments to 1972 (Title IX), 86 Stat as amended, 20 U.S.C. 1681 et. seq.

This decision is important since school districts are defending more claims of sexual harassment committed by either fellow students or teachers. Although the above question is still open, the federal appeals court did provide some insight on factors a future court might utilize to determine whether a teacher's acts alone could trigger liability under Title IX.

Title IX provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participation and be denied the benefit of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." 20 U.S.C. 1681 (1984). Title IX cases are distinct from other cases based upon discrimination claims. A Title IX claim can only arise because an institution, such as a school district, receives federal funding. Title IX provides enforcement remedies to the administrative agency, which monitors Title IX funding to assure that the federal funds are not used in a discriminatory manner. Judicial interpretation of the statute has determined that since the purpose of Title IX is to prohibit discrimination by an institution receiving federal funding, a judicially implied system of enforcement should not impose liability without consideration of a "recipient's knowledge" or its "corrective actions" regarding allegations of discriminatory conduct. As a result, "knowledge" of discrimination by the institution is one of the important factors a court reviews when determining whether a private cause of action under Title IX exists. Of equal importance is the question whether the alleged acts of discrimination are so severe and pervasive that they deny a student equal access to educational...