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Background: Each year, several lawsuits are filed that involve peer-to-peer harassment in K–12 schools. It is important for school personnel to understand their legal obligations surrounding this issue. We highlight some recent developments in both case law and federal guidance related to peer harassment. Purpose: Students have alleged that school officials violate Title IX when they fail to appropriately respond to known acts of peer-to-peer sexual harassment at school. After providing some context, we briefly examine a case involving a victim of alleged sexual assault in a K–12 school who was disciplined by school officials for reporting sexual misconduct. We conclude with a discussion on the recent amendments to the Title IX regulations and how these new amendments could impact similar cases in the future. Research Design: Using legal research techniques, we explore illustrative case law in this area and also highlight some considerations from the recently amended Title IX regulations. Recommendations: Under Title IX and its amended regulations, school districts are tasked with creating educational environments that are free from discrimination based on sex. We offer five recommendations for school officials as they relate to this issue. These recommendations highlight recent amendments to the Title IX regulations.
Eckes et al. (Thu,) studied this question.