Liability for Peer Harassment of Gay Students

This article examines the federal and state laws that courts in other jurisdictions have used to grant relief to students suffering from harassment based on their sexual orientation or perceived sexual orientation. Courts have imposed liability on school districts by relying on state statutes, Title IX, and the First and Fourteenth Amendments of the U.S. Constitution. Discussed below are some of the federal and state decisions from other jurisdictions that North Carolina courts are likely to consider if called upon to analyze the potential liability of school boards or employees for peer harassment of gay students. The article also suggests measures North Carolina’s school boards can implement to prevent this form of harassment, promote a safe learning environment, and avoid future liability.