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Franklin v. Gwinnett County Public Schools
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Franklin v. Gwinnett County Public Schools
Reasoning
Decision
They quoted from Bell v. Hood (1946) "[W]here legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done."
The Supreme Court ruled that Title IX does allow for monetary damages to be awarded in a case where legal rights have been invaded.
Facts
Works Cited
http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
http://www.departments.bucknell.edu/edu/fn125/Abstract%202%202009/lowenthal_franklin.html
http://mged3030courtcases.wikispaces.com/Franklin+v.+Gwinnett+County+Public+Schools
http://educational-law.org/298-franklin-v-gwinnett-county-public-schools.html
Significance
Franklin, a sophomore in a high school operated under the Gwinnett County Public Schools, alleged that she was being sexualy harassed and abused by Hill, a sports coach and teacher. Among the allegations that Franklin made were that Hill engaged her in sexually explicit conversations, forced kissing, and coercive intercourse on school grounds. Franklin claimed that although teachers and administrators were aware of the harassment, they did nothing to stop it, even going as far as to discourage her from bringing charges against Hill. Franklin sued for monetary damages under Title IX. After a federal trial court in Georgia and the Eleventh Circuit rejected Franklin’s claims, the U.S. Supreme Court reversed in her behalf.
Victims of sexual harassment and sexual discrimination in schools can sue for monetary damages
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.
Issue
Are female students that have been harassed allowed to be awarded monetary compensation?