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ROSA H. v. SAN ELIZARIO INDEPENDENT SCHOOL DIST.

No. 95-50811.

106 F.3d 648 (1997)

ROSA H., Individually and as next friend of Deborah H., Plaintiff-Appellee, v. SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT, et al., Defendants, San Elizario Independent School District, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 17, 1997.

Attorney(s) appearing for the Case

Mark Berry and Thomas E. Stanton, El Paso, TX, for plaintiff-appellee.

Michelle Elaine Robberson, Darrell Gerard-Marc Noga, Cooper, Aldous & Scully, Dallas, TX, Edward K. Peticolas, El Paso, TX, Richard Brent Cooper, Mary-Olga Ferguson, Dallas, TX, for defendant-appellant.

Before KING and HIGGINBOTHAM, Circuit Judges, and LAKE, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires us to decide whether Title IX, 20 U.S.C. §§ 1681-1688, creates liability on the part of a public school district that negligently fails to prevent an instructor from sexually abusing a student. We hold that it does not. In order to hold a school district liable under Title IX for teacher-student sexual harassment based on a hostile educational environment, a plaintiff must show that an employee who...

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