This comment will evaluate the criticism of Gebser in two novelways, now that ten years have passed since the Supreme Court issued the decision. Part II will provide pertinent background information on Title IX. Part III will identify the problem sexual harassment in educational institutions poses for this country's youth. Part IV will discuss the development of Title IX sexual harassment jurisprudence, including the Gebser decision. Part V will address the foundation of the criticism fired at Gebser's adoption of an actual notice and deliberate indifference standard of institutional liability from two fresh perspectives. First, the policybehind agency principals will be contrasted with the realities of public school education. Second, an empirical test will provide statistics to critically evaluate the claims of commentators. Part VI will comment on the ten-year span of cases since Gebser and offer a compromise between the solution proffered by commentators and the actual decision in Gebser.
Justin F. Paget,
Did Gebser Cause the Metastasization of Sexual Harassment Under Title IX Ten Years Later,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol42/iss5/6