The answer: yes, they could sue the school district under Title IX. But whether they'd succeed is another question. Article here.
From the article:
Nelson Miller, associate dean and professor at Cooley Law School's Grand Rapids campus, said a successful civil case against GRPS would have to meet a high standard. He said the deliberate-indifference standard is one half of the Title IX standard, with actual notice being the other part.
"The challenge is that the school district would have had to know of the conduct of that teacher plus show deliberate indifference to it," he said. "If the school takes appropriate action on actual notice, there is no liability."
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