Jane Doe v. Dardanelle School District

In Davis v. Monroe Cty. Bd. of Educ., 526 U.S. 629, 633 (1999), this Court held that a recipient of federal education funding may be liable for damages under 20 U.S.C. § 1681 et seq. (“Title IX”) for discrimination in the form of student-on-student sexual harassment where the recipient acts with deliberate indifference. The Court further noted that “courts should refrain from second-guessing the disciplinary decisions made by school administrators,” Id. at 648. And the Court wrote that the recipient may only be held liable where the sexual harassment “can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.” Id. at 650. The questions presented are:

1. Whether a recipient of federal funding may be held liable where it takes any action in response to complaints of sexual harassment.

2. Whether a victim can be deprived of educational opportunities or benefits absent a decline in grade point average.