On June 22, 1998, in a five-to-four decision, the United States Supreme Court (Gebser v. Lago Vista Independent School District, U.S. 118 S..Ct. 1998, 141 L.Ed.2d 277 (1998)) held that school districts cannot be sued for money damages under Title IX if a teacher sexually harasses a student unless a school official knows of the abuse and fails to take the necessary actions to stop the abuse. This case was watched closely both by schools and by victimsrights groups. The Court's decision in Gebser makes it more difficult for a school to be held liable for sexual misconduct by employees against students.
Background
A 53-year-old public high school teacher had an affair with …