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ROWINSKY v. BRYAN INDEPENDENT SCHOOL DIST.

No. 95-20049.

80 F.3d 1006 (1996)

Debra ROWINSKY, for Herself and as Next Friend of "Jane Doe" and "Janet Doe," Her Minor Children, and for All Those Similarly Situated, Plaintiff-Appellant, v. BRYAN INDEPENDENT SCHOOL DISTRICT, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 2, 1996.

Attorney(s) appearing for the Case

James C. Harrington, Saul Gonzalez, Maryann Overath, Texas Civil Rights Project, Austin, TX, for plaintiff-appellant.

Jennifer Weston Jacobs, Lisa A. Brown, Bracewell & Patterson, Houston, TX, for defendants-appellees.

Marcia Devins Greenberger, Deborah L. Brake, National Women's Law Center, Washington, DC, Julie Goldscheid, Yolanda Wu, New York City, for amicus curiae, National Women's Law Center, Equal Rights Advocates, Women's Legal Defense Fund and NOW Legal Defense & Educ. Fund.

Shellie Hoffman, Austin, TX, amicus curiae for Texas Ass'n of School Boards, Texas Ass'n of School Administrators & Texas Council of School Attorneys.

Before GARWOOD, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This appeal presents the question of whether title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. ("title IX"), imposes liability on a school district for peer hostile environment sexual harassment.1 We conclude that title IX does not impose such liability, absent allegations that the school district itself directly discriminated based on sex. Accordingly, the judgment of the...

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