Is Vulnerability Enough? Analyzing the Jurisdictional Divide on the Requirement for Post-Notice Harassment in Title IX Litigation

Abstract

A jurisdictional divide has arisen at a critical point in the evolution of Title IX litigation. Though the text of Title IX only provides for administrative enforcement of its gender discrimination clause, the Supreme Court has established a private cause of action for students who experience sexual harassment at an institution that receives federal funding. This private cause of action has evolved to allow for the recovery of monetary damages when the institution manifests a deliberate indifference to the harassment of a student after the institution had been notified of previous harassment.