Clark Cty. Sch. Dist. v. Bryan, 136 Nev. Adv. Op. 82 (Dec. 24, 2020)

Authors

Chapman Noam

Document Type

Article

Publication Date

12-24-2020

Case Synopsis

This case involves bullying of sixth-graders at their middle school. The court held that repeated student-on-student harassment involving slurs, insults, and physical assaults referencing a student’s perceived sexual orientation falls within Title IX’s prohibition on harassment “on the basis of sex.”

In establishing the “deliberate indifference” element of a Title IX or § 1983 claim, a violation of state law is one factor the court will consider in determining deliberate indifference, but alone it does not constitute a per se violation.

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