(Name-mce) ListServ PERSONAL LIABILITY OF SCHOOL OFFICIALS UNDER § 1983 WHO IGNORE PEER HARASSMENT OF GAY STUDENTS

[bill at billhowe.org]

Note: Many people know about Title IX but fewer have knowledge about Section
1983. Full article at:
http://home.law.uiuc.edu/lrev/publications/2000s/2003/2003_3/bedell.pdf

 

 

PERSONAL LIABILITY OF SCHOOL OFFICIALS UNDER

§ 1983 WHO IGNORE PEER HARASSMENT OF GAY

STUDENTS

 

JEFFREY I. BEDELL*



The harsh reality of peer harassment of students based on perceptions

of sexual orientation is an ever-growing problem in America's

K-12 schools. Bedell delves into the systemic problems in deterring

this abuse and identifies that school officials are tacitly

approving, vis-à-vis inaction, the harassment.


After identifying the problem, the author examines Title IX and

finds-based in large part on courts' interpretations of Title IX

through prior interpretations of Title VII-unavailable to students a

cause of action against school officials or peers for harassment on the

basis of sexual orientation. Bedell also examines state law and finds

inadequate protection for students facing this harassment.

Bedell investigates the scope of bringing an action under § 1983

to assess potential for liability at the top of the food chain-the school

officials and school board. The author argues that school officials

who do nothing to stop peer harassment based on sexual orientation

are violating students' rights under the Equal Protection Clause of the

Fourteenth Amendment and could be personally liable under § 1983.

The author recommends that states should pass comprehensive
antidiscrimination

and bullying statutes to end the anti-gay harassment of

students by their peers in school.

 

... more



Bill Howe 
 <http://www.billhowe.org/> http://www.billhowe.org

 
Past-President 

National Association for Multicultural Education (NAME)
 <http://www.nameorg.org/> http://www.nameorg.org

 

 

 

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