[20220407]LSB10726_学校性骚扰和性侵犯：联邦法院之间关于责任的分歧.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Sexual Harassment and Assault at School: Divergence Among Federal Courts Regarding Liability April 7, 2022 Under Title IX of the Education Amendments of 1972 (Title IX), schools that receive federal financial assistance are liable for a “deliberately indifferent” response to the sexual harassment and assault of students by teachers, as well as by fellow students in certain circumstances. While this standard is a stringent one to meet, federal courts have not applied it uniformly. In particular, federal courts of appeals have taken diverging positions over whether a schools insufficient response to a single incident of student-on-student harassment itself can establish liability under Title IX, or whether further incidents of harassment are required in order for liability to attach. This disagreement turns, at least in part, on language in Supreme Court decisions establishing the general parameters of school liability for sexual harassment under Title IX, as well as the interpretation of legislation enacted pursuant to Congresss spending power under the Constitution. Background: Supreme C