CFP: Application of Title IX to Bullying and Harassment in Schools

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From the AALS Section on Education Law and Section on Sports Law:

Call for Papers on the Application of Title IX to Bullying and Harassment in Schools

Title IX, the federal law prohibiting sex discrimination in federally-funded educational institutions, turns 40 years old in 2012.  At the 2012 Annual Meeting of the AALS in Washington D.C., the Section on Education Law and the Section on Sports and Law, with a co-sponsorship from the Section on Sexual Orientation and Gender Identity Issues, will sponsor an extended program to look at the current state of Title IX’s application to a variety of issues including bullying and harassment, the subject of this call for papers.

In 1999, the Supreme Court confirmed Title IX’s application to peer harassment and defined the scope of liability for educational institutions that fail to respond appropriately to known occurrences and risks.[1] Yet recent instances of severe sex- and gender-based harassment, in particular those related to the victim’s later suicide, have raised questions about both schools’ and the law’s effectiveness and preventing such abuse.

We are soliciting proposals for papers addressing the application of Title IX to bullying and harassment, including but not limited to: Title IX’s application to harassment motivated by the victim’s perceived sexual orientation or gender identity; judicial decisions applying the Court’s deliberate indifference standard for institutional liability; harassment contexts that have proven particularly challenging for schools and universities, such as online bullying and sexual abuse by and among student athletes; and the role of public enforcement, including the effectiveness of recent guidance from the Department of Education addressing institutional response to sex-, gender-, and sexual orientation-based bullying and harassment[2] and sexual violence and abuse.[3]

Deadline Date for Submission: August 1, 2011.

Proposal Requirements: There is no requirement as to the form or length of proposals.

Eligibility: Faculty members of AALS member and fee-paid law schools are eligible to submit papers. Foreign, visiting and adjunct faculty members, graduate students, and fellows are not eligible to submit.

Selection: Papers will be selected after review by a joint committee consisting of members of the Section on Education Law, the Section on Sports and Law, and the Section on Sexual Orientation and Gender Identity Issues.

Presentation and Publication: Accepted papers will be included in a symposium published in the Western New England Law Review.  One or more papers will also be selected for presentation  during the Sections’ joint program at the AALS Annual Meeting.  Program participants will be responsible for paying their annual meeting registration fee and expenses.

Contact for submission and inquiries:

Professor Erin Buzuvis
Western New England University School of Law



[1] Davis v. Monroe County Bd. of Educ., 526 U.S. 659 (1999).

[2] “Dear Colleague” Letter from Ass’t Sec’y for Civil Rights Russlynn Ali, Oct. 26, 2010.

[3] “Dear Colleague” Letter from Ass’t Sec’y for Civil Rights Russlynn Ali, April 4, 2011.


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