Franklin v.

Gwinnett
County Public Schools
503 U.S. 60 (1991)

A decision by:

Supreme Court of the United States

Components of this Case Brief

Facts
Legal Question
History
Ruling
Rationale
Majority
Implications
Questions

The Facts
A high school student filed for

damages under Title IX of the

Education Amendments of 1972.
She alleged that one of her teachers
had subjected her to sexual
harassment and abuse.
The school stopped the investigation
upon Hills resignation.

Legal Question

Does the implied right of action under

Title IX of the Education
Amendments of 1972 support a claim
for monetary damages?

Legal Question (cont.)

Implied right of action is a term
used in United States statutory and
constitutional law for circumstances
when a court will determine that a
law that creates rights also allows
private parties to bring a lawsuit,
even though no such remedy is
explicitly provided for in the law.

History
The Federal District Court

dismissed the case on the grounds

that Title IX does not authorize an
award of damages.
The court of appeals concurred.
The Supreme Court reversed the
decision of the court of appeals.

Ruling

The Court concluded that a damages

remedy is available for an action
brought to enforce Title IX.

Rationale
Title IX does support a claim of

monetary damages because a law

that creates rights also allows
private parties to bring a lawsuit.
In terms of the limitation Congress
intended in relief of Title IX, the
traditional presumption of all
available remedy applies.

Rationale (cont.)
The point of not permitting

monetary damages for an

unintentional violation is that the
receiving entity of federal funds
lacks notice that it will be liable for
a monetary award.

Majority
WHITE, J., delivered the opinion of

the Court, in which BLACKMUN,

STEVENS, O'CONNOR,
KENNEDY, and SOUTER, J.J.,
joined.
SCALIA, J., filed an opinion
concurring in the judgment, in
which REHNQUIST, C.J., and
THOMAS, J., joined.

Implications
The school system in question had
every obligation to help Ms. Franklin
in her complaints, but they chose to
take no action. If a problem is
brought to light or accusation made,
especially of this nature, it is the duty
of the teacher to do everything in
their power to help.

Franklin v. Gwinnett County Public Schools

QUESTIONS?