“When Gender-Based Student-On-Student Bullying Violates Title IX”

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ACKNOWLEDGMENTS

I would like to express the deepest appreciation to my committee chair Professor _________, who has shown the attitude and the substance of a genius: he continually and persuasively conveyed a spirit of adventure in regard to research and scholarship, and an excitement in regard to teaching. Without his supervision and constant help this dissertation would not have been possible.

DECLARATION

I, (), hereby declare that this thesis is my own work and effort and that it has not been submitted anywhere for any award. Where other sources of information have been used, they have been acknowledged

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DateABSTRACT

Gender based bullying is one of the most derogatory and socially evil forms of aggression that has been rooted in individuals in order to challenge each other for the survival and intense competition. This research study is based on the gender-based student-on-student harassment that violates the Title IX of the Education Amendment of 1972. The study uses secondary sources of different legal documents, theoretical studies, case laws, and published articles to structure the need for the background study. Bullying is behavior that is by choice. Thus, this study also comprehensively evaluates different characteristics, classifications, factors, and consequences of bullying. The reviewed literature illustrated the legislative history of Title IX and Title VI which defines the court structures and lawsuit imperatives of District Courts and Supreme Courts of the United States. It also explains the enactment and formulation of Title IX into law and debatable insights on the inclusion of athletic consideration for receiving federal funding. The literature review of this study put a contemporary style of presenting information about bullying and Title IX separately. It then focuses on numerous case laws or incidents of schools to describe the violation of this legal statute that convict offenders in different settings. This study uses qualitative method and Empirical Legal Study (ELS), particularly to identify the relationship between law and sociology. Four prongs of the test have been used in different cases during descriptive legal analysis to understand the problem statement of this research study. These four prongs include Actual Notice, Deliberately Indifference; Severe, Pervasive and Objectively Offensive, and Denial of Education Opportunities. The study also concludes various practices and policies to dilute rising volume of bullying cases in order to create healthy learning environment in academic institutes of United States.

ABSTRACT4

CHAPTER 1: INTRODUCTION10

Research Background10

Academic Work on Bullying10

Title IX of the Education Amendments11

Enactment and Implementation12

Problem Statement14

Purpose of the Study17

Research Questions18

Rationale18

Assumptions19

Limitations20

Delimitations21

CHAPTER 2: LITERATURE REVIEW22

Aggression and United States22

Crusade against Cruelty: Perpetration and Victimization23

Origin of Gender Based Bullying23

Sexual Harassment v Gender Based Bullying24

Bullying hierarchy25

Clinical Perspective or Repercussions26

Gender based Bullying: 2009 Statistics27

Age and bullying29

General Strain Theory30

Case Law and Legislation33

Federal law34

State level36

Case Law and Legislative History of Title IX37

Cannon v. University of Chicago38

Franklin v Gwinnett40

Gebser v. Lago Vista41

Landmark Court Case: Davis v. Monroe43

Supreme Court's Opinion46

The Majority Ruling46

Issue 1: Analysis47

Issue 2: Analysis47

The Dissent's Opinion49

Summary52

CHAPTER 3: RESEARCH METHODOLOGY53

Research Design53

Research Techniques and Research Process54

The process of Shepardizing55

Research Approach56

CHAPTER 4: RESEARCH ANALYSIS57

Descriptive Legal Analysis57

Case: ...