The “Special Relationship” Doctrine and School Officials’ Duty to Protect Students from Peer Sexual Harassment

Students who allege to be victims of peer-inflicted sexual harassment have increasingly relied on the “special relationship” doctrine to attempt to hold school officials individually liable under federal constitutional law for failing to protect students from peer harassment. Applied to schools, student plaintiffs generally argue that compulsory attendance laws create a “special relationship” between students and school officials, thereby placing on school officials an affirmative duty to protect students from harassment as a violation of students’ due process rights under the federal constitution. Primarily through the review of case law, this doctrine is examined as it applies to school officials’ duty to protect students from peer sexual harassment. This examination determined that the special relationship claim has been and will likely continue to be an ineffective avenue for students to redress peer sexual harassment claims; however, due to other legal developments briefly mentioned, school officials are advised not to disregard peer harassment claims.