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Sep. 20, 2023

Title IX extends to student-on-student harassment based on real or perceived sexual orientation

Schools may also have an affirmative duty to identify those students who are being or have been bullied, harassed, hazed, or sexually abused.

Robert Ross DeKoven

Professor
California Western School of Law

Affiliated Professor at San Diego State University

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Recently the Ninth Circuit Court of Appeals ruled federal anti-discrimination law (known as Title IX) protected a straight male track student at the University of Arizona.

Michale Grabowski, a straight student athlete, was subject to “frequent sexual and homophobic bullying” because his teammates perceived him to be gay.” Grabowski v. Arizona Bd of Regents, 69 F.4th 1110 (9th Cir. 2023).

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