Liability Under Federal Law Chapter 8 Pages

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Presentation transcript:

Liability Under Federal Law Chapter 8 Pages 430-435 Sarah Bell Liability Under Federal Law Chapter 8 Pages 430-435

Franklin v. Gwinnett County Schools School upheld claim for monetary damages under Title IX Intentional sexual harassment occurred by teacher of student Officials knew but did not stop Intentionally Indifferent

Teacher to Student Harassment If teacher harasses student, school not liable UNLESS intentionally indifferent to situation Gebser v. Lago Vista Independent School District

Gebser v. Lago Vista Independent School District School District held liable for damages? Alida Gebser (8th grade student) involved with Frank Waldrop (teacher) Teacher also made many inappropriate comments during class

Gebser Cont’d Parent’s complained School warned Waldrop Caught off school property by police officer Waldrop terminated immediately and Texas revoked teaching license School not liable

Title IX and 1972 Enacted in 1972 for purpose “to avoid the use of federal resources to support discriminatory practices” and “provide citizens…protection against those practices”

Appropriate Notice When school becomes aware, must give teacher appropriate notice- many warnings Once warnings given, constitutes are corrective measures Ex: Bostic v. Smyrna School District

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