What did the court decide in Gebser v. Lago Vista Independent School District ?
Title IX of the Education Amendments of 1972 makes it illegal for federally-funded education programs to discriminate on the basis of sex. But, the Supreme Court decided in Gebser v. Lago Vista Independent School District (1998) that students subjected to sexual harassment must prove that school officials both had “actual notice of” and were “deliberately indifferent to” such harassment in order to receive any damages for violations of the law. This decision thwarts Congress’ intention of protecting students from harassment when it passed Title IX by encouraging schools to insulate themselves from the knowledge of harassment rather than adopting practices that minimize the danger of harassment. As a result of Gebser, students sexually harassed in school do not have the same legal protections as workers, or even their teachers, who are sexually harassed in the workplace. Ripple effect of Gebser. • Though it arose under Title IX (gender discrimination), lower courts have applied Gebser t
