First Circuit

Other Discrimination

Grace v. Board of Trustees, Brooke East Boston (22-1742)

Questions Presented

Under Title IX of the Education Amendments of 1972, schools may not exhibit deliberate indifference to severe and pervasive student-on-student harassment on the basis of sex.  Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 650 (1999).  On appeal from the grant of summary judgment to defendants, the issues presented are whether a reasonable jury could find that:

  1. Three years of unrelenting homophobic and transphobic student-on-student taunting and violence, resulting in diagnoses of post-traumatic stress disorder, clinical depression, and anxiety, constitute severe and pervasive harassment on the basis of sex; and
  2. A school exhibits deliberate indifference when it is aware of a persistent pattern of bullying yet takes no action to address it other than imposing isolated punishment in response to a single incident.

Clinic

Georgetown Appellate Courts Immersion Clinic

Briefing

Result

Pending.