ARTICLE: How Best to Confront the Bully: Should Title IX or Anti-Bullying Statutes be the Answer? Skip over navigation
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Copyright (c) 2005 Duke Journal of Gender Law & Policy
Duke Journal of Gender Law & Policy

ARTICLE: How Best to Confront the Bully: Should Title IX or Anti-Bullying Statutes be the Answer?

Spring, 2005

Duke Journal of Gender Law & Policy

12 Duke J. Gender L. & Pol'y 53


Susan Hanley Kosse* and Robert H. Wright**


I. Introduction
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.

II. Bullying in the Schools

There is another kind of violence, and that is violence by talking. It can leave you hurting more than a cut with a knife. It can leave you bruised inside. 2
Bullying, one form of student-on-student harassment, is a major problem for schools today. Although an exact definition of bullying is difficult to ascertain, bullying in this article means "when one child or group of children repeatedly picks on another child - often one who is seen as weaker and more ...
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