gebservlago

Gebser v. Lago
(S.Ct. 1989)

__Facts:__ D (Lago Vista School District) Individual misconduct of teacher in district, Frank Waldrop, accused of sexual harassment of a female student. P (Alida Gebser) Claims school district is liable in damages in an implied right of action under Title IX

__Issues/Answers:__
 * Is the district liable if no member in authority had been made aware of the sexual harassment? No, there must be inadequate response for a district to be liable.
 * Is the district liable if they are “indifferent” to a teacher’s misconduct? Yes, then the school district can be held liable.
 * Does Title IX contain and express right of action for recovery of monetary damages? In its original prose of 1972, no, only for injunctive and equitable relief. In 1991 congress made damages available limiting amount recoverable in any individual case, calibrating the maximum recovery to the size of the employer.

__Basis/Rationale:__ Legal Basis: Right of action under Title IX and precedent set by //Franklin High Case// Rationale: Individual misconduct by a teacher in the sexual harassment of a student does not render the school district liable under Title IX unless a school official had knowledge of the situation and responded with deliberate indifference. Notes:
 * Student was engaging in a sexual relationship with teacher but never reported him because wanted to continue having him as a teacher
 * Two were caught having sex by an officer and teacher was arrested and dismissed
 * Two parents had complained about sexually charged comments he made in class directed at students-meeting occurred warning was issued
 * Meeting was never reported to district
 * Teaching license was revoked by state