Students An interview with William A. Kaplin In Davis v. The most important aspect is the result itself. The Court was split between these two alternatives, and the former prevailed by only one vote. Had there been a one-vote shift, there would have been no judicial recourse at all under Title IX for students subjected to peer harassment on school grounds during the school day, no matter how severe the harassment and no matter how clear the knowledge of school officials.
Sexual harassment can be hard to define.
In her opinion for the majority, Justice O'Connor tries very hard to provide such guidance. I believe she is only modestly successful. On the other hand, we should not have expected more than modest guidance from the Court. Through the process of devising and explicating their own internal definitions and policies, college and universities can provide more pointed guidance adapted to the circumstances of their own campuses. Initially, there will likely be an increase in peer sexual harassment claims, since publicity on the Court decision will sensitize students to their rights and will encourage attorneys to see how much they can make of this new tool the Court has fashioned.