Canutillo Independent School District v. Martha Leija and Jerry Leija as Next Friends of Rosemarie Leija, a Minor

I respectfully dissent.

First, I disagree with the majority’s failure to consider and follow the substantial jurisprudential and regulatory developments that have taken place under Title IX since this court visited this fast changing legal area in Rowinsky v. Bryan ISD, 80 F.3d 1006 (5th Cir.1996). I am persuaded by the new developments that the substantive standards that have evolved under Title VII should be applied in actions for monetary damages under Title IX based on either the sexual harassment of a student by a school employee or the sexual harassment of a student by his or her peers.

Se…