Title IX of the Education Amendments of 1972 was passed more than 50 years ago in response to the vast discrimination that American women experienced in accessing education. While in many ways Title IX is a seminal civil rights victory for women in education (for example, more women graduate from college today than men), it has fallen short in protecting students (especially female students and LGBTQ students) from sexual harassment in schools. Since the 1990s, it has been well-established that Title IX prohibits sexual harassment as a form of sex discrimination, yet Title IX has failed to actually curtail sexual harassment in schools in a significant way largely because of the impossible standards for recovery set forth by the United States Supreme Court for victims who bring Title IX sexual harassment causes of action against school districts.

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Title IX’s Failure to Effectively Curtail Sexual Harassment in American Schools

  • Christine Tamer

摘要

Title IX of the Education Amendments of 1972 was passed more than 50 years ago in response to the vast discrimination that American women experienced in accessing education. While in many ways Title IX is a seminal civil rights victory for women in education (for example, more women graduate from college today than men), it has fallen short in protecting students (especially female students and LGBTQ students) from sexual harassment in schools. Since the 1990s, it has been well-established that Title IX prohibits sexual harassment as a form of sex discrimination, yet Title IX has failed to actually curtail sexual harassment in schools in a significant way largely because of the impossible standards for recovery set forth by the United States Supreme Court for victims who bring Title IX sexual harassment causes of action against school districts.