CA1: So long as a school acts in good faith, it isn’t liable for student-on-student sexual harassment

Porto v. Town of Tewksbury, Nos. 06-1994, 06-2139. Student on student sexual harassment: When a school system may be liable under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.?  Davis v. Monroe County Board of Education, 526 U.S. 629, 648 (1999) requires “deliberate indifference.”  The First looks at a jury verdict (for $250,000 and punitive damages of $1) and concludes that the evidence was insufficient to support such a verdict.  Without going into details, these were little kids with major problems.  The school district seems to have tried, but failed, to stop the problems. And, in these cases, the First reverses, essentially saying that a good faith effort is enough.

The whole case is pretty sick.  But, I found one thing funny.  There is actually someone with the title, “Behavior Management Facilitator.” Is that a hall monitor?

Michael L. Rich comments here (with some interesting comments in the box)