Linda, you should also point your friend to OCR's revised sexual harassment
guidance which addresses the Gebser decision and distinguishes it from the
context of a school's obligations to address sexual harassment as a
condition of its receipt of federal financial assistance. It can be found
on OCR's web page at http://www.ed.gov/ocr/shguide
"Anthony, Lisa" <Lisa_Anthony@ed.gov>
-----Original Message-----
From: Linda Purrington [mailto:lpurring@earthlink.net]
Subject: EDEQUITY] Title IX applicability question
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
This archive was generated by hypermail 2.1.2 : Fri Apr 12 2002 - 15:16:38 EDT