In this 1999 case, the Supreme Court expanded the reach of Gwinnett to cover student-on-student sexual harassment. A narrow majority of the court ruled that a school district could be held liable for damages if the school district acts with deliberate indifference to known student-on-student sexual harassment that is so severe as to effectively deny the victim access to an educational program or benefit.

The Court did rule that school districts retain flexibility when it comes to sexual harassment and that damages were not available for acts of teasing and name-calling, even where these comments target differences in gender. But in this case, involving physical contact and sexual slurs allegedly so harsh and pervasive it caused the victim to consider suicide, a claim under Title IX could be established.