This article explains the impact of two Supreme Court cases—Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education—on an individual’s ability to bring a successful lawsuit under Title IX. The article explains why the current Title IX standards for sexual harassment claims are unsound and explores promising federal and state law solutions that could both restore the right to recovery for students who experience harassment in school and provide meaningful incentives for school districts to promote safe school environments.
