The treatment of sexual harassment victims by their schools, and of schools by courts, under the institutional liability standard of deliberate indifference for damages in private suits is inconsistent with Title IX’s guarantee of equal educational outcomes on the basis of sex. Replacing deliberate indifference with the international human rights liability standard of due diligence would shift power into the hands of survivors, guarantee institutional accountability, ending current impunity for sexual abuse in schools, and promote change toward sex equality in education.
"In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education"
Areas of Interest
Yale Law Journal