Franklin v.

Gwinnett County
Public Schools

By: Lisa Maley

Overview
Dec. 11, 1991
High school student Christine Franklin
sues Gwinnett County Public Schools in
Georgia after being sexually harassed and
coerced by her teacher Andrew Hill
School officials tried to dissuade Franklin
from proceeding with the suit

Summary
Franklin sought help from the U.S.
Department of Educations Office of Civil
Rights, which oversees Title IX of the
Education Amendments of 1972, but the
department took no further action
Franklin had no choice but to file a private
suit seeking compensatory damages
The case was dismissed

Title IX
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

Summary
The Supreme Court decided to review the
case after there were conflicting decisions
in the lower courts
Lower courts argued that Title IX does not
allow for compensatory damages in
private lawsuits

Verdict
The Supreme Court ruled that Franklin
could be awarded damages because Title
IX is enforceable through implied rights of
action (private parties can bring forth a
lawsuit)

Implications for Today

Title IX transformed into a powerful tool
against harassment and discrimination
Schools are subject to massive financial
liability
Peer-to-peer sexual harassment is being
debated as to whether it applies to Title IX
Hundreds of schools adopted stricter
sexual harassment guidelines