References
"Franklin v. Gwinnett County Public Schools." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Apr 25, 2016. <https://www.oyez.org/cases/1991/90-918>
"Franklin v. Gwinnett County Public Schools". Encyclopædia Britannica. Encyclopædia Britannica Online.
Encyclopædia Britannica Inc., 2016. Web. 25 Apr. 2016
<http://www.britannica.com/topic/Franklin-v-Gwinnett-County-Public-Schools>.
Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)
Holding
- On February 26, 1992 the U.S supreme court ruled (9-0) that students who are subjected to sexual harassment in public schools may sue for monetary damages under Title IX of the Federal Education Amendments of 1972. Franklin was the first case wherein the Supreme Court held that monetary damages could be awarded in Title IX cases.
Rationale
- Title IX does support a claim of monetary damages because a law that creates rights allows private party to bring a lawsuit
- In terms of the limitation Congress intended in relief of Title IX, the traditional presumption of all available remedy applies.
Issues
Facts
- Whether the implied action under Title IX of the Education Amendments supports a claim of monetary damages?
- Whether Congress intended to limit relief in enforcement of Title IX?
- Petitioner Christine Franklin was a sophmore student at North Gwinnett High School in Gwinnett County, Georgia
- Andrew Hill was a sport coach/teacher employed by the district.
- Franklin alleged that she was subjected to sexual harrassment and abuse by Hill.
- On December 29, 1988 Franklin filed a complaint accusing Andrew Hill of continual sexual harrassment
Edu 210
Case Brief 2
Maria Gallardo