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Franklin vs Gwinnett

Sydney Johnson

5th period

Franklin vs Gwinnett

02/07/2019

1

The case took place in Gwinnett county Georgia

THE CASE

The case was argued December 11th 1991

2

CASE

SUMMARY

OVERVIEW

THE CASE

Andrew Hill a North Gwinnett High school teacher was accused of sexual harassing a 10th grade girl named Christine Franklin throughout her school year. Franklin reported it to teachers and school administrators but they did nothing to help her. They told her to refrain from pressing charges. The teacher resigned because matters pending on him were dropped. When he resigned the school dropped the investigation. Franklin then brought this to the attention of the school district under Title IX of the Civil Rights Act(1964) because they failed to action against the teacher. The district dismissed because Title IX did not award for damages.

ISSUE OF THE CASE

ISSUE

The issue here is that a student is being sexually harassed and the school is doing nothing to stop it.

THE PROBLEM

ESSENTIAL QUESTION

COURT QUESTION

Q: Does Title IX allow recovery of monetary damages?

A: Yes. Justice Byron R. White wrote the Court's unanimous decision, holding that monetary damages are available under Title IX because there is a presumption that any appropriate relief is available to remedy the violation of a federal right. In this case, back pay and prospective relief were not sufficient remedies. Justice Antonin Scalia wrote a special concurrence, stating that when causes of action are judicially implied, it is proper to imply limitations on the remedies for those actions as well.

OUTCOME

OUTCOME

It was a unanimous decision, majority opinion came from Bryon R. White. Justice White said that monetary damages are available under Title IX "because there is a presumption that any appropriate relief is available to remedy the violation of a federal right." Justice Antonin Scalia wrote "when causes of action are judicially implied, it is proper to imply limitations on the remedies for those actions as well." All the judges voted that the Title did authorize an award for damages.

MY OPINION

OPINION

I agree with the court on the fact that monetary damages are covered under Title IX. I also think that the school should have taken more control of the situation.

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