Title VI and title VII: Happy together as a resolution to Title IX peer sexual harassment claims

Sexual harassment in the educational context is a serious and largely unrecognized problem. Although the Supreme Court recently provided some guidance on the issue of teacher harassment of students, the problem of peer sexual harassment, and its treatment under Title IX remains unsettled. The author of this note argues for a universal definition of peer sexual harassment and a higher standard of liability for school officials' failure to prevent it. The author first examines the history of judicial treatment of sexual harassment in the employment and educational contexts. The author then analyzes the relevant federal statutes and concludes that, in accordance with Title VI, courts should enforce Title IX by imposing a Title VII standard of liability. Finally, the author explains that this standard of liability will result in a fair and effective treatment of peer sexual harassment only if employed in conjunction with a narrow definition of peer sexual harassment, imposing liability on school officials who knew or should have known that one student's questionable actions would have offended a reasonable student.