Re 2: Davis v. Monroe decision!

From: Linda Purrington (
Date: Fri May 28 1999 - 18:11:09 EDT

History writes itself on some unwilling pages, doesn't it! I can just
picture O'Connor and Kennedy divvying up the work of suppressing progress in
sexual harassment law: OK, Billy, I'll go with the majority, since
public opinion demands a yes vote, and I'll install all the brakes and
reins, like requiring kindergartners to lay a paper trail and demanding
proof of deliberate indifference. And you can do the Boys will be Boys
number." Snag City!
And both the Gebser and Davis decisions are so badly written, so
unclear in concept and expression, so confused as to the ethics of
constructing public policy! One can only hope that the fog will give
judges some room in which to help progress along with their own
Yet it is still a (if qualified) victory: It confirms the concept that
schools are responsible for stopping peer sexual harassment. Linda

PS: In case anyone missed it, here's the FindLaw URL for the Davis v.
Monroe decision itself:

Linda Purrington
Title IX Advocates

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