Gebser/Davis pincers

From: Linda Purrington (lpurring@earthlink.net)
Date: Thu Feb 11 1999 - 12:37:56 EST


1. Yolanda said: "... Has word gotten out that students must let schools
know about sexual harassment by a teacher before financial liability
against the school could be imposed? ..."
        from Linda: My guess would be that about 99.44 percent (hope floats) of
the students and their parents don't have a clue about what Title IX is, let
alone Gebser's consequences; they don't know whom to contact, and many don't
really think they have any rights. So the question really is, Have the school
adults learned about Gebser? The answer is probably anyone nervous about a
situation has picked up something; some parents report "everyone is saying we
have to wait and see about some new laws"; and until then nothing is happening
to help their kids. Gebser's
consequences are monetary in more ways than one: Franklin v. Gwinnett
made it possible for lawyers to earn and learn on Title IX cases
simultaneously, so we had lawyers who for the first time could afford to
develop some knowledge about school equity law; Gebser has undercut that
gain. Are there any scholarships available particularly for young
lawyers seeking to specialize in equity law?

2. Yolanda said: "...In other words, students asking for a court order
that a school institute a policy or take action to respond to a specific
sexual harassment situation may be entitled to relief
under a lesser standard. ..."
        Linda: Yolanda, what lesser standard would be effective protection?
What lesser standards are available? Do you mean that simply remedying
the situation is a remedy in the context of this society? This society
is grounded on monetary incentives; Title IX has no other enforcement
(the OCR is founded to administer Title IX, but has never taken away
funds from school districts that refuse to comply with Title IX--it
functions as a means to constrict or widen access to equity, in the
service of the reigning politics).

Yoland, where do you think Davis will take us if we win? if we lose?

Linda Purrington
Title IX Advocates
lpurring@earthlink.net



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