Title IX does not impose a duty to make particular disciplinary decisions. School administrators will continue to enjoy the flexibility they require so long as funding recipients are deemed "deliberately indifferent" to acts of student-on-student harassment only where the recipient's response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances. However, acts of sexual harassment by a student directed solely at Ms. Jones do not demonstrate a custom or policy of the School District to be deliberately indifferent to sexual harassment as a general matter. Lago Vista Independent School Dist., 524 U.S. 274–that a school district may be liable for damages under Title IX where it is deliberately indifferent to known acts of teacher-student sexual harassment–also applies in cases of student-on-student harassment. 2015). Professor Schwartz has authored leading treatises including Section 1983 Litigation: Claims and Defenses (4th ed. The Court then analyzed whether UCLA was deliberately indifferent to known harassment. According to Walton, the deliberate indifference standard would allow for the exercise of discretion in order to accommodate the circumstances of each situation. According to the dissent, the record established the following: On Rowe’s claim that the timing of his Zantac doses showed deliberate indifference to his health, the evidence in the record consists of two items. Dist., 804 F.3d 398, 410 (5th Cir. School Liability: There are Still Simple Steps to Avoid Liability - Read the School Law legal blogs that have been posted by Dennis J. Eichelbaum on Lawyers.com The Supreme Court held, in part, that a cause of action against a school district for monetary damages under Title IX would not lie by reason of a teacher having engaged in a sexual relationship with a student, where the school district lacked actual notice of the teacher's conduct and the school district was not deliberately indifferent thereto. We examine two of our precedents on these points. He received his B.B.A. See, e.g., Vance, 231 F.3d at 262 (concluding that a school could be found deliberately indifferent in the absence of evidence that it “took any other action whatsoever” besides talking with the supposed perpetrator); Murrell v. Sch. No. Similarly, in Lintz v. Skipski , 25 F.3d 304, a caseworker discovered a foster father had sexually assaulted his foster children. Sch. magna cum laude in 1968 from Brooklyn Law School, and an L.L.M. The defendants submitted evidence from the prison doctor that giving him Zantac twice a day, regardless of the times, was appropriate. See Monell, 436 U.S. at 691 & n.56. Moreover, delays in completing an investigation, or violations of a school's own policies do not necessarily amount to deliberate indifference. The Supreme Court's ruling in that case held that schools may be liable under Title IX if their response to a known act of student-on-student sexual harassment was "deliberately indifferent." in 1973 from New York University School of Law. Dist. cum laude in 1966 from City College of New York, his J.D. **** Martin A. Schwartz is a Professor of Law at Touro Law School. First, we have held that a school district was not deliberately indifferent to severe and pervasive racial harassment when it “took some action in response to almost all of the incidents noted by Plaintiffs.” Fennell v. 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