Bullying on the Basis of Sex: The Eighth Circuit Properly Established Title IX Standards of Liability for Schools in Wolfe v. Fayettville, Arkansas School District
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Authors
Fleming, Kaylen K.
Issue Date
2014
Volume
47
Issue
3
Type
Journal Article
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Abstract
FIRST PARAGRAPH(S)|In Wolfe v. Fayetteville, Arkansas School District, the United States Court of Appeals for the Eighth Circuit determined that an educational entity receiving federal funds may be liable under Title IX of the Education Amendments of 1972 ("Title IX") only if the victim could establish that the harasser intended to discriminate on the basis of sex. As a matter of first impression in any federal appellate court, the Eighth Circuit added this requirement to a Title IX plaintiff's burden of proof. |Title IX prohibits an educational entity receiving federal funds from discriminating against any person based on gender. By enacting this statute, Congress desired to protect potential victims of discrimination and deny the allocation of federal funds to support discriminatory practices. A school's potential liability under Title IX has broadened since the statute's inception. The United States Supreme Court recognized an implied private right of action. The Supreme Court has also acknowledged that a school may be liable for damages under Title IX. Additionally, the Supreme Court has extended Title IX protections to hold schools liable for student-on-student sexual harassment. to guide their interpretations of Title IX claims, courts often employ principles found in Title VII of the Civil Rights Act of 1964 ("Title VII"), which prohibits discrimination in the workplace....
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Publisher
Creighton University School of Law