All recipients of federal financial assistance are subject to Title IX. If
any students at the collge receive Pell Grants or other federal tuition
assistance, then the college IS subject to Title IX. It does NOT matter
that the school is a private school. Most private schools receive federal
money either directly or indirectly. The Equal Protection Clause and state
law may also address the sexual harassment issue.
Kristen Galles,
kgalles@abanet.org
Linda Purrington wrote:
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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