ABSTRACT

The Supreme Court (SCOTUS) and the Office for Civil Rights (OCR) together instituted the next substantive changes to Title IX's meaning and enforcement by allowing students to sue when Title IX is violated, and by expanding Title IX's mandate to include a ban of sexual harassment. This chapter demonstrates the power of the Supreme Court and the federal bureaucracy to expand and enforce Title IX's scope and meaning. It details the Supreme Court decisions that increase the legal remedies for students. The chapter details SCOTUS's expansion of the types of behavior prohibited by Title IX. It then explores the OCR's inclusion of peer sexual harassment as actionable under Title IX. The chapter also focuses on a case study of a student named Joan who is sexually harassed and assaulted by a teacher. Title IX was passed as a civil rights law to ensure that males and females have equal access to education.