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Education Law
: Title IX BlogNY Times Profiles School Bullies' Victim
By Erin Buzuvis, Sudha Setty, and Kristine Newhall
It featured a photograph of Billy?s face superimposed over a likeness of Peter Pan, and provided this description of its purpose: ?There is no reason anyone should like billy he?s a little bitch. And a homosexual that NO ONE LIKES.?We've noted in the past that Title IX is often limited in its capacity to address peer-on-peer violence, both because it is difficult to establish a school's deliberate indifference to ongoing bullying and because some courts don't construe sex discrimination statutes like Title IX to protect against discrimination on the basis of sexual orientation. Judging by the description of the anti-Billy Facebook page, Billy may be a target because his peers perceive him as gay or otherwise not masculine.
The article notes that Billy's parents have sued the bullies themselves, though that's not a likely to be a lucrative suit. They may also sue the school district, which would give a court the opportunity to construe the applicability of Title IX to this case. Meanwhile, however, stories like this one underscore the need for strengthening anti-bully legislation at the federal and state level.
Full post as published by Title IX Blog on March 27, 2008 (boomark / email).
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