Supreme Court Rules That Students May Sue Under Federal Statute & Civil Rights Law

The Supreme Court ruled 9-0 that students who are sexually harassed may sue under a federal statute covering schools and a broader civil rights law, clarifying a “conflict among lower courts” and reviving a lawsuit brought by the parents of a Massachusetts kindergartener who said a third-grade boy repeatedly harassed her on the school bus. The decision was commended by Marcia Greenberger, co-president of National Women’s Law Center, who said, “Sex discrimination … is still all too common in (schools). That is why it is crucial that a full range of remedies remain available.” However, Francisco Negron, general counsel of the National School Boards Association, disagreed, saying the decision could encourage litigation: “Why should school districts have to go through that pressure (of possible lawsuits), especially at the time of limited funds?”

Justice Samuel Alito wrote, “We hold that Section 1983 suits based on the Equal Protection Clause remain available to plaintiffs alleging unconstitutional gender discrimination in schools.”

The decision means students can press gender-bias complaints against individuals and cities, in addition to the so-called state actors who may be sued under Title IX. It will also allow students to sue military service schools and traditionally single-sex public colleges, both exempted from Title IX, and will enable students to challenge the admissions policies of elementary and secondary schools under Section 1983. The AP and the New York Times also covered the story.