EDEQUITY] Title IX applicability question

From: Linda Purrington (lpurring@earthlink.net)
Date: Tue Jan 23 2001 - 16:50:36 EST


A lawyer asked me the following question, because she is fighting a
sexual harassment case at a private college:
 "I was just wondering whether you know whether the Gebser standard
announced in the SCT was created because the school district was a
governmental entity? Here it's a small private arts college - maybe we
don't have to show 'delib. indiff' after all??"
Can anyone respond? My take is that perhaps Title IX does not apply at
all; but then the Gebser standard of deliberate indifference also does
not apply. Are we entering a period where non-Title IX remedies may be
stronger than the federal law?
I'd like to know this myself, so I volunteered to ask for replies and
shepherd them toward the lawyer in question. Thank you for your help!
Linda Purrington
Title IX Advocates
lpurring@earthlink.net



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