LaShonda's mother, Aurelia Davis, left and attorney Williams

• Boy in case pleaded guilty to sexual battery
• Justice: Educators, not judges, may be best authority
• Related stories and sites

January 12, 1999
Web posted at: 9:46 p.m. EST (0246 GMT)

WASHINGTON (CNN) -- Teasing is as standard in elementary school as the ABCs, the Supreme Court said Tuesday as it heard arguments in a classroom sexual harassment case.

The justices appeared skeptical about where to draw the line between innocent teasing of classmates and words or actions that constitute sexual harassment barred by federal anti-discrimination laws.

"Little boys tease little girls," said Justice Sandra Day O'Connor. "Is every one of these incidents going to lead to a lawsuit?"

But Verna Williams, an attorney representing the fifth-grade girl in this case, argued that simple teasing by first-graders can be distinguished from sexual harassment.

She said the case should go forward if the conduct was offensive, severe and pervasive, and interfered with a student's ability to get an education.

Boy in case pleaded guilty to sexual battery

The boy in this case has pleaded guilty to sexual battery. He was accused of grabbing LaShonda Davis' breasts and crotch, simulating a sexual act and making threatening remarks at Hubbard Elementary School in Forsyth, Georgia.

After the girl and her mother felt their concerns were ignored by school officials, they took their complaints to the local sheriff's office, and the boy was charged.

The family later sued the school, claiming officials had done nothing to stop the abuse and had even refused to move the boy from the seat next to LaShonda, whose grades suffered during the five months of alleged harassment.

Hubbard Elementary School

W. Warren Plowden, representing the Monroe County Board of Education in Georgia, warned about "opening up the courthouse door to all kinds of lawsuits."

He cited a survey that indicated 75 percent of all high-school girls and 66 percent of all boys report at least one instance of harassment.

"The potential here for litigation is enormous," Plowden said.

The school board attorney also argued that federal law does not make a school liable for a student's bad conduct.

A federal appeals court held the same opinion when it threw out the family's lawsuit on the grounds that the disputed federal law does not cover harassment between fellow students.

The law, known as Title IX of the Education Amendments of 1972, bans sexual discrimination in any educational institution that receives federal money.

Justice: Educators, not judges, may be best authority

Several justices also questioned whether the courtroom is the best place to settle classroom problems between boys and girls.

Justice Stephen Breyer said the problem of sexual harassment traditionally has been dealt with by educators and counselors, through discussion and mediation, and by calling in the families of the students involved.

He expressed concern about handing it over to lawyers and judges.

"I want to bring out in the open what I think is a problem," Breyer said, later adding that it would "open up a can of worms."

O'Connor also asked whether a school could be held liable for failing to stop sexual harassment by a stranger or for "a parent who frequently comes to school and makes insulting comments."

She raised the possibility that a school could be held legally responsible only if the harassment was by one of its employees and it knew about the activity but did nothing.

The Supreme Court is expected to issue a ruling by summer on whether local school officials or federal law will decide who bears responsibility when a student sexually harasses another student.

The Associated Press and Reuters contributed to this report.