★CB14(11/27)
①Name & citation of case
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999).
②Facts
Aurelia Davis (”Davis”) sued the Monroe County Board of Education (”Board") and school officials on behalf of her fifth grade daughter LaShonda(”LaShonda”). Davis alleged that LaShonda's school failed to stop student-on-student sexual harassment on several occasions. About six months from 1992 to 1993, G.F. sexually abused and harassed Lashonda and other classmates. He attempted to touched her, fondle her, and used offensive language toward her. The Board did not take any action to separate LaShonda and the classmate, investigate the situations, or discipline G.F for a period of five months even after Davis reported the sexual harrasment to the Board. Davis sued the Board for violating Title IX of the Education Amendments of 1972 (Title IX). (Oyez, 2017)
③Decision in the lower court
The district court dismissed the complaint for the following claims: ”any harm to LaShonda was not proximately caused by a federally-funded educational provider, and neither the Board nor an employee of the Board, had any role in the harassment.” (Davis v. Monroe County Board of Education, 1999) The court affirmed that the school boards could not be responsible for student-on-student sexual harassment under Title IX as their
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However, they began to rise again from the beginning to mid 80s, once again reaching a peak at the beginning of the 90s. (Uda, 2017). In the 1990s, in 12 of 15 mass shooting and school shooting cases in the 1990s, the shooters had a history of being bullied. (Stopbullying.gov, n.d.) In this way, the early 90s, when LaShonda faced sexual harassment in school, is a period in which school bullying problems came to the surface. This case reflects the spirit of a period in which bullying and sexual harassment received a great deal of