How Best To Confront the Bully: Should Title IX or Antibullying Statutes Be The Answer

Susan H. Duncan, University of Louisville
Robert Wright

Abstract

This article examines liability for peer-on-peer sexual harassment in the context of bullying under Title IX and state anti-bullying laws. Part II describes the persistent problem of bullying in school and its extremely harmful effects on students. Part III explores the background of Title IX and the evolving law regarding peer-on-peer harassment. Part IV proceeds to summarize state anti-bullying laws, while Part V analyzes which legal approach, Title IX or anti-bullying statutes, is best to protect children from peer-on-peer sexual harassment at school. The article then argues that both Title IX and anti-bullying statutes are necessary to protect our children because Title IX does not cover those forms of harassment that do not fit the definition of sexual harassment or are not of adequate severity. Despite the importance of anti-bullying statutes, many currently existing statutes are flawed because they are too deferential to local schools. The article concludes by offering practical suggestions to legislatures when drafting anti-bullying statutes.