franklinvgwinnett

FRANKLIN V. GWINNETT
503 U.S. 60 (1992)

__FACTS:__ P (Christine Franklin) alleged that she was sexually harassed and abused by her teacher and coach (Andrew Hill) for three years. She filed an action for damages under Title IX of the Education Amendment of 1972. D (Gwinnett County PS) were aware of and investigated the sexual harassment and abuse of Franklin and other female students, but teachers and administrators did not do anything to stop it and in fact discouraged Franklin from pressing charges against Hill.

__ISSUES/ANSWERS:__ 1. Is Franklin entitled to monetary damages under Title IX? Yes- In this case there was intentional discrimination on the basis on sex, therefore, Franklin is entitled to monetary damages. 2. Did Congress intend to limit the remedies available in a suit brought under Title IX? No

__BASIS/RATIONALE:__ Legal Basis- Precedents set in Cannon v. University, Bell v. Hood, and Darrone and statutory interpretations (federal) Rational- The federal courts have the power to award any relief, in a cause of action case brought to a federal statute, that they deem appropriate. In addition, monetary damages may be awarded for an intentional violation of a federal right.

__Notes:__ When the complaint was filed, the teacher resigned on the condition that all matters pending against him were dropped. The school closed the investigation. As a result, the District Court dismissed the complaint stating that Title IX does not authorize an award of damages. The court of appeals agreed. The case was heard by the U.S. Supreme Court in 1992. The justices ruled unanimously for the plaintiff on the ground that Title IX lawsuits could receive monetary damages as a way of punishing schools that intentionally fail to comply with the federal law.

Title IX states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”