On November 1, 2023, the Vice President of Student Affairs at Le Papier Vert, a for-profit art and design school, received the following letter from a member of the residence hall staff:

Dear Sir:

This past Wednesday, Ari and Ali, two female students in my residence hall, informed me of some problems they were having with two male students, Justin and Johnny. The women claim that the men repeatedly harassed them in the campus cafeteria, in the student center, off campus at the movie theater, and now are calling their cell phones. According to the women, the two male students have been making sexually suggestive gestures toward them and shout sexually suggestive comments when they pass nearby. I recently learned that this has been occurring for six months.

Until last week, the women claimed that the men had only used words and noises. However, over the weekend, Justin confronted them at the movie theater off-campus, cornered them, and fondled Ari's breasts.

I told the women that I would have to let you know about this so that something could be done. They began to cry and made me promise that I would not tell you. I pleaded with them to allow me to set up a meeting with you and to call the police regarding the incident at the movie theater, but they refused and said they would lie should anyone ask them about the incident.

I know I promised them that I would not share this with you, but after thinking about it I feel that it is important to alert you to this problem. Please advise.

Sincerely,

Ronald Resident Assistant

The VP investigated the disciplinary background of Justin and Johnny. Johnny had no prior disciplinary charges, but Justin had been put on disciplinary probation for physically confronting his ex-girlfriend outside of one of her classes last year. (Another student had alleged that Justin would follow her around on campus and wait near her car in the parking lot after she turned him down for a date. Nothing ever came of that investigation.)

The VP is concerned for Ari and Ali, as the director of campus activities had informed him two weeks ago that they usually were "outgoing" but lately had seemed "withdrawn and sad."

In the meantime, Ari and Ali contact an attorney and decide to confront the harassment themselves. They file a claim against Le Papier Vert for the sexual harassment they incurred at the hands of Justin and Johnny. Analyze the case separately (a) pursuant to case precedent set forth by the U.S. Supreme Court regarding student-to-student sexual harassment and (b) utilizing the 2020 regulations issued by the U.S. Department of Education Office of Civil Rights.