Sandy was a 10th grader when one of her teachers started writing personal, often suggestive comments on her homework. They began exchanging notes and telephone calls, until one day the teacher asked if she needed a ride home after school. During the ride they stopped at a park where they walked through the leaves and the teacher asked her if he could kiss her. She had a crush on him and was flattered by his attention, so she said yes. She took rides from him regularly which frequently ended in kissing and later in more intimate relations.

After a while she tired of his attention, but was hesitant to stop taking rides with him because he was her teacher. She never communicated her reservations to him and he never threatened to give her a lower grade if she stopped seeing him.

On a couple of occasions the principal saw the two leaving school together, but thought little of it since the student gave him an innocent and plausible explanation when he inquired - they lived in the same neighborhood and the teacher was a friend of her mom and dad, the latter of which the principal knew was true.

The Questions

1. Does this situation reflect harassment under Title IX principles? Explain, why or why not.

2. Can the district be held liable for money damages in this situation per Title IX? Explain. (Consider the Gebser case)

3. If you were the administrator in this situation, what would you have done differently?Explain what and why.