If a school official with authority has knowledge of sexual harassment and fails to act, the school is liable and can be sued.

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When a school official who has authority to address harassment knows about sexual harassment and fails to act, the school can be held liable. Schools have a duty to protect students and to respond promptly and effectively to known harassment. If a designated official with authority to remedy the situation does nothing or investigates inadequately, that inaction can be treated as negligent or deliberate indifference. Because the knowledge and decisions of an empowered official are attributed to the institution, the school bears responsibility for the harm caused by its failure to address the harassment. This is why the school can be sued for damages or for remedies to stop the harassment. Reporting to police is not a civil requirement for school liability, and while the official might face personal consequences in some cases, the primary liability in this context rests with the school itself.