Sexual harassment cases at school: Appeals court ruling could change how schools judge complaints

By Scott F. Johnson, Professor of Law, Concord Law School

When a Virginia high school teen reported that another student repeatedly touched her breasts and genitals without consent during a school band trip, the school decided there wasn’t enough evidence to establish that there was a “sexual assault.” They did not punish the alleged offender.

The student sued the school in federal court under Title IX, a federal law that prohibits discrimination on the basis of sex in any “education program or activity” that receives federal funding. The jury rendered a verdict…

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