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PORTO v. TOWN OF TEWKSBURY

Nos. 06-1994, 06-2139.

488 F.3d 67 (2007)

Ann Marie PORTO, Individually and on behalf of SC, a minor person with a disability; Nicholas Porto, Individually and on behalf of SC, a minor person with a disability, Plaintiffs, Appellees, v. TOWN OF TEWKSBURY, Defendant, Appellant, Town of Tewksbury Public Schools; Town of Tewksbury School Committee; Christine L. McGrath; James McGuire; Kevin P. McArdle; Pauline King; Loreen R. Bradley; Michelina Deangelis; Cheryl D. Porcaro; Carole A. Gallo; Jennifer A. Fiore; Julie E. Bossdorf-Paras; Eleanor Edelstein; Robert Ware; Sharon J. Moser; William X. Traveis; Kara M. Buckley; Allison Dixon, Defendants.

United States Court of Appeals, First Circuit.

Decided May 30, 2007.

Attorney(s) appearing for the Case

Samuel J. Perkins, with whom Leonard H. Kesten, Deborah I. Ecker, Deidre Brennan Regan, and Brody, Hardoon, Perkins & Kesten, LLP, were on brief, for appellant Town of Tewksbury.

Lynn A. Leonard, for appellees.

Before TORRUELLA and LYNCH, Circuit Judges, and LISI, District Judge.

TORRUELLA, Circuit Judge.

This case asks us to determine when a school system may be liable under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., for student-on-student sexual harassment. In Davis v. Monroe County Board of Education, the Supreme Court stated that a school system may not be held liable for student-on-student sexual harassment unless the system has been "deliberately indifferent," which, in the Title IX context...

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