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Title IX was first invoked in sexual harassment cases in the 1990s, prompted perhaps by the release of the earliest surveys and studies showing that harassment was much more common in schools than one might expect. Tracking developments under Title VII, which prohibits sexual harassment in the workplace, courts began to recognize that sexual harassment by students, teachers, and other personnel could be actionable as a form of sex discrimination under Title IX. But serious divides arose over the question of liability— when, and under what circumstances, should schools be held liable for the harassment that occurred in the context of an educational program or activity?



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