Maryland
How Davis v. Monroe County Board of Education applies in Maryland: state-specific rules, key cases, and bar exam notes for Employment Law.
Maryland courts have generally adopted the principles established in Davis v. Monroe County Board of Education regarding student-on-student sexual harassment, framing the educational institution’s liability within the context of their knowledge and response to such harassment. This includes a focus on the deliberate indifference standard for school administrators.
In Maryland, schools may be held liable for failing to take appropriate action in response to known incidents of harassment, requiring actual knowledge and a deliberate indifference to the harassment impacting educational access.
The court ruled that the school district could be held liable for failing to protect a student from sexual harassment after being informed of the incidents.
The court found that a school’s inaction in response to reported harassment demonstrated a breach of duty towards students, establishing a duty of care under similar circumstances.
The Maryland court reaffirmed that the educational institution must act when it knows, or should know, of harassment that creates a hostile educational environment.
Maryland's approach is aligned with the federal standards set forth in Davis, particularly regarding deliberate indifference. However, Maryland courts also emphasize a broader interpretation of the duty of care owed to students, potentially expanding liability compared to federal interpretations.
Questions on the Maryland bar exam may involve applications of student harassment laws, mirroring the principles from Davis and assessing liability standards in educational settings.