Gebser v. Lago Vista Indep. Sch. Dist.
Citation | 66 U.S.L.W. 4501,524 U.S. 274,118 S.Ct. 1989,141 L.Ed.2d 277 |
Decision Date | 22 June 1998 |
Docket Number | Case No. 96-1866 |
Parties | GEBSER et al. v. LAGO VISTA INDEPENDENT SCHOOL DISTRICT |
Court | United States Supreme Court |
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Petitioner Gebser, a high school student in respondent Lago Vista Independent School District, had a sexual relationship with one of her teachers. She did not report the relationship to school officials. After the couple was discovered having sex and the teacher was arrested, Lago Vista terminated his employment. During this time, the district had not distributed an official grievance procedure for lodging sexual harassment complaints or a formal anti harassment policy, as required by federal regulations. Gebser and her mother, also a petitioner here, filed suit raising, among other things, a claim for damages against Lago Vista under Title IX of the Education Amendments of 1972, which provides in pertinent part that a person cannot "be subjected to discrimination under any education program or activity receiving Federal financial assistance," 20 U.S.C. §1681(a). The Federal District Court granted Lago Vista summary judgment. In affirming, the Fifth Circuit held that school districts are not liable under Title IX for teacher-student sexual harassment unless an employee with supervisory power over the offending employee actually knew of the abuse, had the power to end it, and failed to do so, and ruled that petitioners could not satisfy that standard.
Held:
106 F.3d 1223, affirmed.
Ginsburg, J., filed a dissenting opinion, in which Souter and Breyer, JJ., joined, post, p. 306.
Terry L. Weldon argued the cause for petitioners. With him on the briefs were Cynthia L. Estlund and Samuel Issacharoff.
Beth S. Brinkmann argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Wallace, Deputy Assistant Attorney General Pinzler, Dennis J. Dimsey, and Rebecca K. Troth.
Wallace B. Jefferson argued the cause for respondent. With him on the brief were Ellen B. Mitchell and N. Mark Ralls.*
The question in this case is when a school district may be held liable in damages in an implied right of action under Title IX of the Education Amendments of 1972, 86 Stat. 373, as amended, 20 U.S.C. § 1681 et seq. (Title IX), for the sexual harassment of a student by one of the district's teachers. We conclude that damages may not be recovered in those circumstances unless an official of the school district who at a minimum has authority to institute corrective measures on the district's behalf has actual notice of, and is deliberately indifferent to, the teacher's misconduct.
In the spring of 1991, when petitioner Alida Star Gebser was an eighth-grade student at a middle school in respondent Lago Vista Independent School District (Lago Vista), she joined a high school book discussion group led by Frank Waldrop, a teacher at Lago Vista's high school. Lago Vista received federal funds at all pertinent times. During the book discussion sessions, Waldrop often made sexually suggestive comments to the students. Gebser entered high school in the fall and was assigned to classes taught by Waldrop in both semesters. Waldrop continued to make inappropriateremarks to the students, and he began to direct more of his suggestive comments toward Gebser, including during the substantial amount of time that the two were alone in his classroom. He initiated sexual contact with Gebser in the spring, when, while visiting her home ostensibly to give her a book, he kissed and fondled her. The two had sexual intercourse on a number of occasions during the remainder of the school year. Their relationship continued through the summer and into the following school year, and they often had intercourse during class time, although never on school property.
Gebser did not report the relationship to school officials, testifying that while she realized Waldrop's conduct was improper, she was uncertain how to react and she wanted to continue having him...
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