9th Holds Student Did Not Establish Cause of Action For Peer on Peer Harassment

Power v. Gilbert Pub, Sch., ___F.3d____(9th Cir. Oct. 14, 2011), is an interesting case. The Ninth Circuit upheld an Arizona federal district court’s grant of summary judgment in favor of a school district on a student’s claims related to peer sexual harassment.  The student claimed violations of Title IX, as well as retaliation by school officials in violation of her equal protection rights. The panel concluded that the Title IX claim failed because the student was unable to show that the school district was deliberately indifferent to her reports of harassment by fellow students. It also concluded that the student’s evidence fell short of establishing retaliation by school officials for making those reports.

Mitchell H. Rubinstein