it accountable for the student misconduct alleged. In order to state a viable claim of sexual harassment under the MHRA in the employment context, a claimant must prove that “the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.” Id. The MHRA contains no similar provision defining the scope of liability of school districts in the education context. Plaintiff contends that the actual or constructive knowledge standard applicable under the MHRA in the employment context also should apply in the context of peer sexual harassment in schools. Defendant disagrees, arguing that the more restrictive liability standards applicable under federal Title IX law should apply to such claims. See Davis, 526 U.S. at 633, 119 S.Ct. 1661 (<HOLDING>). No Minnesota court appears to have addressed
holding school district hable for teachers sexual harassment of student only upon knowing failure to act holding that school districts are hable for peer sexual harassment in their schools under title ix only if they have actual knowledge of the harassment and act with deliberate indifference in response to it holding employer may be hable for sexual harassment of employee by independent contractor holding that a defendants notice of prior harassment against victims other than the plaintiff can give rise to title ix liability so long as the defendant possessed enough knowledge of the harassment that it could reasonably have responded with remedial measures to address the kind of harassment upon which the plaintiffs legal claim is based holding school district strictly hable for sexual harassment by its employees