franklin
gwinnett
county
pub
argued
december
decided
february
petitioner
franklin
student
high
school
operated
respondent
school
district
filed
action
damages
federal
district
title
ix
education
amendments
alleging
inter
alia
subjected
continual
sexual
harassment
abuse
teacher
andrew
hill
complaint
filed
hill
resigned
condition
matters
pending
dropped
school
thereupon
closed
investigation
district
subsequently
dismissed
complaint
ground
title
ix
authorize
award
damages
appeals
affirmed
held
damages
remedy
available
action
brought
enforce
title
ix
pp
title
ix
enforceable
implied
right
action
cannon
university
chicago
longstanding
general
rule
absent
clear
direction
contrary
congress
federal
courts
power
award
appropriate
relief
cognizable
cause
action
brought
pursuant
federal
statute
see
bell
hood
davis
passman
pp
adherence
general
rule
eroded
since
bell
see
case
borak
declaring
question
may
enforce
statutory
right
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different
question
may
enforce
constitutionally
protected
right
davis
limiting
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presumption
favor
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relief
actions
claiming
constitutional
violations
rather
merely
attempting
decide
whether
litigant
cause
action
question
analytically
distinct
prior
one
issue
relief
litigant
entitled
receive
see
guardians
assn
civil
service
new
york
city
consolidated
rail
darrone
erode
traditional
presumption
fact
cases
support
since
clear
majority
guardians
expressed
view
damages
available
action
seeking
remedies
intentional
violation
statute
closely
analogous
title
ix
unanimous
darrone
held
another
statute
authorized
award
backpay
pp
congress
intend
limit
remedies
available
title
ix
suit
cannon
inferred
cause
action
upon
concluding
title
ix
supported
express
right
action
silence
statutory
text
legislative
history
issue
available
remedies
neither
surprising
enlightening
rather
appropriate
inquiry
period
state
law
congress
passed
title
ix
since
time
traditional
presumption
favor
available
remedies
firmly
established
recently
found
implied
rights
action
six
cases
approved
damages
remedy
three
lack
legislative
intent
abandon
traditional
presumption
amply
demonstrated
period
congress
legislating
full
cognizance
decision
analysis
text
history
two
statutes
enacted
amend
title
ix
civil
rights
remedies
equalization
amendment
civil
rights
restoration
act
establishes
congress
validated
cannon
holding
made
effort
alter
traditional
presumption
pp
argument
damages
award
unduly
expand
federal
courts
power
sphere
properly
reserved
executive
legislative
branches
violation
separation
powers
principles
misconceives
difference
cause
action
remedy
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finding
cause
action
authorizes
hear
case
controversy
discretion
award
appropriate
relief
involves
increase
judicial
power
fact
historically
thought
necessary
provide
important
safeguard
legislative
executive
abuses
insure
independent
judiciary
moreover
selective
adjudication
sort
advocated
harm
separation
powers
giving
judges
power
render
inutile
causes
action
authorized
congress
decision
remedy
available
pp
also
rejected
contention
normal
presumption
favor
appropriate
remedies
apply
title
ix
enacted
pursuant
congress
spending
clause
power
observation
pennhurst
state
school
hospital
halderman
remedies
limited
spending
clause
statutes
alleged
violation
unintentional
based
theory
entity
receiving
federal
funds
lacks
notice
liable
damages
violation
see
notice
problem
arise
case
present
intentional
discrimination
alleged
proscribed
statute
question
moreover
notion
spending
clause
statutes
authorize
monetary
awards
intentional
violations
belied
unanimous
holding
darrone
supra
pp
assertion
title
ix
remedies
nevertheless
limited
backpay
prospective
relief
diverges
traditional
approach
deciding
remedies
available
violation
federal
right
suggested
remedies
equitable
nature
axiomatic
determine
adequacy
damages
law
resorting
equitable
relief
moreover
suggested
remedies
clearly
inadequate
provide
franklin
relief
backpay
student
alleged
discrimination
occurred
prospective
relief
longer
attends
school
respondent
system
hill
longer
teaches
pp
white
delivered
opinion
blackmun
stevens
kennedy
souter
joined
scalia
filed
opinion
concurring
judgment
rehnquist
thomas
joined
joel
klein
argued
cause
petitioner
briefs
richard
taranto
michael
weinstock
albert
pearson
iii
argued
cause
respondents
brief
frank
bedinger
iii
victoria
sweeny
stephen
nightingale
argued
cause
amicus
curiae
urging
affirmance
brief
solicitor
general
starr
assistant
attorney
general
gerson
deputy
solicitor
general
roberts
john
schnitker
briefs
amici
curiae
urging
reversal
filed
national
women
law
center
et
al
marcia
greenberger
lawyers
committee
civil
rights
law
william
lake
william
brown
iii
herbert
wachtell
norman
redlich
thomas
henderson
peter
kadzik
arlene
mayerson
filed
brief
american
council
blind
et
al
amici
curiae
justice
white
delivered
opinion
petitioner
christine
franklin
student
north
gwinnett
high
school
gwinnett
county
georgia
september
august
respondent
gwinnett
county
school
district
operates
high
school
receives
federal
funds
according
complaint
filed
december
district
northern
district
georgia
franklin
subjected
continual
sexual
harassment
beginning
autumn
tenth
grade
year
andrew
hill
sports
coach
teacher
employed
district
among
allegations
franklin
avers
hill
engaged
conversations
asked
sexual
experiences
boyfriend
whether
consider
sexual
intercourse
older
man
complaint
first
amended
complaint
exh
hill
forcibly
kissed
mouth
school
parking
lot
complaint
telephoned
home
asked
meet
socially
complaint
first
amended
complaint
exh
pp
three
occasions
junior
year
hill
interrupted
class
requested
teacher
excuse
franklin
took
private
office
subjected
coercive
intercourse
complaint
complaint
alleges
though
became
aware
investigated
hill
sexual
harassment
franklin
female
students
teachers
administrators
took
action
halt
discouraged
franklin
pressing
charges
hill
complaint
april
hill
resigned
condition
matters
pending
dropped
complaint
school
thereupon
closed
investigation
complaint
action
district
dismissed
complaint
ground
title
ix
authorize
award
damages
appeals
affirmed
franklin
gwinnett
cty
public
schools
noted
analysis
title
ix
title
vi
civil
rights
act
et
seq
title
vi
developed
along
similar
lines
citing
binding
precedent
drayden
needville
independent
school
decision
rendered
prior
division
fifth
circuit
concluded
title
vi
support
claim
monetary
damages
analyzed
decision
guardians
assn
civil
service
new
york
city
determine
whether
implicitly
overruled
drayden
stated
absence
majority
opinion
left
unresolved
question
whether
award
relief
upon
showing
intentional
discrimination
second
basis
holding
monetary
damages
unavailable
reasoned
title
ix
enacted
congress
spending
clause
powers
nder
statutes
relief
may
frequently
limited
equitable
nature
recipient
federal
funds
thus
retaining
option
terminating
receipt
order
rid
injunction
closed
observing
proceed
extreme
care
afford
compensatory
relief
absent
express
provision
congress
clear
direction
accordingly
held
action
monetary
damages
sustained
alleged
intentional
violation
title
ix
affirmed
district
ruling
effect
ibid
opinion
conflicts
decision
appeals
third
circuit
see
pfeiffer
marion
center
area
school
granted
certiorari
reverse
ii
cannon
university
chicago
held
title
ix
enforceable
implied
right
action
occasion
reconsider
decision
rather
case
must
decide
remedies
available
suit
brought
pursuant
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right
often
stated
question
remedies
available
statute
provides
private
right
action
analytically
distinct
issue
whether
right
exists
first
place
davis
passman
thus
although
examine
text
history
statute
determine
whether
congress
intended
create
right
action
touche
ross
redington
presume
availability
appropriate
remedies
unless
congress
expressly
indicated
otherwise
davis
supra
principle
deep
roots
jurisprudence
legal
rights
invaded
federal
statute
provides
general
right
sue
invasion
federal
courts
may
use
available
remedy
make
good
wrong
done
bell
hood
explained
longstanding
rule
jurisdictional
upheld
exercise
federal
courts
power
award
appropriate
relief
long
cause
action
existed
constitution
laws
ibid
kendall
pet
applied
principles
act
congress
accorded
right
action
mail
carriers
sue
adjustment
settlement
certain
claims
extra
services
specify
precise
remedy
available
carriers
surveying
possible
remedies
included
action
postmaster
general
monetary
damages
held
carriers
entitled
writ
mandamus
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statute
denied
congress
power
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stated
power
enforce
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rest
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often
said
involve
monstrous
absurdity
well
organized
government
remedy
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clear
undeniable
right
shown
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circuit
district
exists
nowhere
dooley
also
restated
principle
liability
created
statute
without
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common
law
action
relied
upon
traditional
presumption
passage
federal
safety
appliance
act
ch
stat
texas
pacific
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determine
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class
whose
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benefit
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right
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party
default
implied
according
doctrine
common
law
foundation
upon
bell
hood
articulated
traditional
presumption
therefore
well
settled
see
also
texas
new
orleans
railway
steamship
clerks
respondents
amicus
curiae
however
maintain
whatever
traditional
presumption
may
decided
bell
hood
disappeared
succeeding
decades
agree
case
borak
adhered
general
rule
appropriate
relief
available
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brought
vindicate
federal
right
congress
given
indication
purpose
respect
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relying
bell
hood
borak
specifically
rejected
argument
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power
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securities
exchange
act
limited
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judgment
concluded
federal
courts
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justice
clark
opinion
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followed
reasoning
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brought
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act
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according
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case
quoting
deckert
independence
shares
contends
traditional
presumption
favor
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davis
passman
bell
hood
rule
limited
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quotes
language
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mirrors
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davis
whether
congress
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class
persons
right
action
title
ix
irrelevant
issue
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reiterate
question
whether
litigant
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distinct
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may
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davis
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long
line
cases
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question
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order
appropriate
relief
see
contrasting
brown
general
services
administration
contrary
arguments
respondents
guardians
assn
civil
service
new
york
city
consolidated
rail
darrone
eroded
traditional
presumption
cases
fact
support
though
multiple
opinions
guardians
suggest
difficulty
inferring
common
ground
among
justices
case
clear
majority
expressed
view
damages
available
title
vi
action
seeking
remedies
intentional
violation
justice
challenged
traditional
presumption
favor
federal
power
award
appropriate
relief
cognizable
cause
action
see
guardians
white
joined
rehnquist
powell
concurring
judgment
joined
burger
concurring
judgment
marshall
dissenting
stevens
dissenting
joined
brennan
blackmun
correctness
inference
made
clear
following
term
unanimously
held
amendment
rehabilitation
act
expressly
incorporated
remedies
procedures
rights
set
forth
title
vi
authorizes
award
backpay
darrone
observed
majority
guardians
agreed
retroactive
relief
available
private
plaintiffs
discrimination
actionable
title
vi
general
rule
therefore
absent
clear
direction
contrary
congress
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courts
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cause
action
brought
pursuant
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statute
iii
address
whether
congress
intended
limit
application
general
principle
enforcement
title
ix
see
bush
lucas
wyandotte
transp
cause
action
inferred
cannon
usual
recourse
statutory
text
legislative
history
period
prior
decision
necessarily
enlighten
analysis
respondents
fundamentally
misunderstand
nature
inquiry
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needlessly
dedicating
large
portions
briefs
discussions
text
legislative
intent
behind
title
ix
silent
issue
available
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since
cannon
concluded
statute
supported
express
right
action
hardly
surprising
congress
also
said
nothing
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action
period
prior
decision
cannon
inquiry
event
basically
matter
statutory
construction
asserts
brief
amicus
curiae
quoting
transamerica
mortgage
advisors
lewis
rather
determining
congress
intent
limit
application
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presumption
favor
appropriate
relief
evaluate
state
law
legislature
passed
title
ix
cf
merrill
lynch
pierce
fenner
smith
curran
years
congress
enacted
statute
follow
ed
common
law
tradition
regarded
denial
remedy
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rather
rule
omitted
outlined
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ii
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presumption
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courts
since
least
early
nineteenth
century
cannon
majority
upheld
implied
right
action
part
decade
immediately
preceding
enactment
title
ix
found
implied
rights
action
six
cases
three
cases
approved
damages
remedy
see
case
wyandotte
transportation
supra
sullivan
little
hunting
park
wholly
apart
wisdom
cannon
holding
therefore
contextual
approach
used
justify
implied
right
action
amply
demonstrates
lack
legislative
intent
abandon
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presumption
favor
available
remedies
years
announcement
cannon
hand
traditional
method
statutory
analysis
possible
congress
legislating
full
cognizance
decision
reading
two
amendments
title
ix
enacted
cannon
leads
us
conclude
congress
intend
limit
remedies
available
suit
brought
title
ix
civil
rights
remedies
equalization
amendment
congress
abrogated
eleventh
amendment
immunity
title
ix
title
vi
rehabilitation
act
age
discrimination
act
statute
read
except
validation
cannon
holding
subsection
law
provides
suit
state
remedies
including
remedies
law
equity
available
violation
extent
remedies
available
violation
suit
public
private
entity
state
true
saving
clause
says
nothing
nature
available
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cf
milwaukee
illinois
absent
contrary
indication
text
history
statute
presume
congress
enacted
statute
prevailing
traditional
rule
mind
addition
civil
rights
remedies
equalization
amendment
congress
also
enacted
civil
rights
restoration
act
stat
without
way
altering
existing
rights
action
corresponding
remedies
permissible
title
ix
title
vi
rehabilitation
act
age
discrimination
act
congress
broadened
coverage
antidiscrimination
provisions
legislation
seeking
correct
considered
unacceptable
decision
part
grove
city
college
bell
congress
made
effort
restrict
right
action
recognized
cannon
ratified
act
alter
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presumption
favor
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violation
federal
right
say
therefore
congress
limited
remedies
available
complainant
suit
brought
title
ix
iv
respondents
nevertheless
suggest
three
reasons
apply
traditional
presumption
favor
appropriate
relief
case
first
respondents
argue
award
damages
violates
separation
powers
principles
unduly
expands
federal
courts
power
sphere
properly
reserved
executive
legislative
branches
brief
respondents
making
argument
respondents
misconceive
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cause
action
remedy
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finding
cause
action
authorizes
hear
case
controversy
discretion
award
appropriate
relief
involves
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judicial
power
see
generally
note
federal
jurisdiction
suits
damages
statutes
affording
remedy
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courts
reach
award
remedies
constitution
laws
support
cause
action
indeed
properly
understood
respondents
position
invites
us
abdicate
historic
judicial
authority
award
appropriate
relief
cases
brought
system
well
recall
authority
historically
thought
necessary
provide
important
safeguard
abuses
legislative
executive
power
see
kendall
pet
well
insure
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judiciary
see
generally
katz
jurisprudence
remedies
constitutional
legality
law
torts
bell
hood
moreover
selective
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sort
advocated
harm
separation
powers
principles
another
way
giving
judges
power
render
inutile
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action
authorized
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remedy
available
next
consistent
appeals
reasoning
respondents
contend
normal
presumption
favor
appropriate
remedies
apply
title
ix
enacted
pursuant
congress
spending
clause
power
pennhurst
state
school
hospital
halderman
observed
remedies
limited
spending
clause
statutes
alleged
violation
unintentional
respondents
maintain
presumption
apply
equally
intentional
violations
disagree
point
permitting
monetary
damages
unintentional
violation
receiving
entity
federal
funds
lacks
notice
liable
monetary
award
see
notice
problem
arise
case
intentional
discrimination
alleged
unquestionably
title
ix
placed
gwinnett
county
schools
duty
discriminate
basis
sex
supervisor
sexually
harasses
subordinate
subordinate
sex
supervisor
discriminate
basis
sex
meritor
savings
bank
fsb
vinson
believe
rule
apply
teacher
sexually
harasses
abuses
student
congress
surely
intend
federal
monies
expended
support
intentional
actions
sought
statute
proscribe
moreover
notion
spending
clause
statutes
authorize
monetary
awards
intentional
violations
belied
unanimous
holding
darrone
see
respondents
characterize
backpay
remedy
darrone
equitable
relief
description
irrelevant
underlying
objection
application
traditional
rule
case
require
state
entities
pay
monetary
awards
treasuries
intentional
violations
federal
statutes
finally
asserts
remedies
permissible
title
ix
nevertheless
limited
backpay
prospective
relief
addition
diverging
traditional
approach
deciding
remedies
available
violation
federal
right
position
conflicts
sound
logic
first
remedies
equitable
nature
axiomatic
determine
adequacy
remedy
law
resorting
equitable
relief
ordinary
convention
proper
inquiry
whether
monetary
damages
provided
adequate
remedy
whether
equitable
relief
appropriate
whitehead
shattuck
see
generally
mccormick
law
damages
moreover
case
equitable
remedies
suggested
respondent
federal
government
clearly
inadequate
backpay
nothing
petitioner
student
alleged
discrimination
occurred
similarly
hill
person
claims
subjected
sexual
harassment
longer
teaches
school
longer
attends
school
gwinnett
system
prospective
relief
accords
remedy
government
answer
administrative
action
helps
students
effect
acknowledges
approach
leave
petitioner
remediless
sum
conclude
damages
remedy
available
action
brought
enforce
title
ix
judgment
appeals
therefore
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
exhibit
report
department
education
office
civil
rights
based
office
investigation
case
franklin
incorporated
exhibit
amended
complaint
prior
bringing
lawsuit
franklin
filed
complaint
office
civil
rights
department
education
ocr
august
investigating
charges
several
months
ocr
concluded
school
district
violated
franklin
rights
subjecting
physical
verbal
sexual
harassment
interfering
right
complain
conduct
proscribed
title
ix
ocr
determined
however
resignations
hill
respondent
william
prescott
implementation
school
grievance
procedure
district
come
compliance
title
ix
terminated
investigation
first
amended
complaint
exh
pp
also
rejected
argument
franklin
terms
outright
prohibition
title
vii
apply
analogy
title
ix
antidiscrimination
provision
remedies
available
two
statutes
also
franklin
franklin
pursue
contention
need
address
whether
merit
judge
johnson
concurred
specially
writing
result
controlled
drayden
needville
independent
school
need
address
whether
titles
vi
ix
grounded
solely
spending
clause
whether
title
vii
analysis
apply
action
titles
vi
ix
see
cases
cited
respondents
since
davis
inapposite
either
involved
holdings
plaintiffs
right
action
see
virginia
bankshares
sandberg
karahalios
national
federation
fed
employees
local
thompson
thompson
texas
industries
radcliff
materials
california
sierra
club
northwest
airlines
transport
workers
touche
ross
redington
securities
investor
protection
barbour
rejected
claim
damages
statute
expressly
enumerated
remedies
available
plaintiffs
massachusetts
mut
life
ins
russell
case
borak
wyandotte
transp
jones
alfred
mayer
allen
state
bd
elections
sullivan
little
hunting
park
superintendent
ins
new
york
bankers
life
casualty
franklin
argues
event
title
ix
viewed
solely
enacted
congress
spending
clause
powers
also
rests
powers
derived
fourteenth
amendment
see
brief
petitioner
conclude
money
damages
remedy
available
title
ix
intentional
violation
irrespective
constitutional
source
congress
power
enact
statute
need
decide
power
congress
utilized
enacting
title
ix
justice
scalia
chief
justice
justice
thomas
join
concurring
judgment
substantive
right
issue
one
congress
expressly
create
found
implied
see
cannon
university
chicago
quite
obviously
search
congress
remedial
intent
right
whose
existence
congress
expressly
acknowledge
unlikely
succeed
see
ante
hardly
surprising
says
usual
sources
yield
explicit
answer
finds
implicit
answer
however
legislators
presumptive
awareness
practice
using
available
remedy
redress
violations
legal
rights
bell
hood
see
ante
strikes
plausibly
assume
acquiescence
bell
hood
presumption
legislature
says
nothing
remedy
expressly
creating
private
right
action
perhaps
even
says
nothing
remedy
creating
private
right
action
clear
textual
implication
think
says
nothing
remedy
statute
courts
divine
private
right
action
basis
contextual
evidence
cannon
charged
congress
knowledge
appeals
creation
cause
action
similarly
worded
statute
see
cannon
supra
whatever
one
thinks
validity
last
approach
surely
rests
attributed
rather
actual
congressional
knowledge
demonstrate
explicit
legislative
decision
create
cause
action
expected
accompanied
legislative
decision
alter
application
bell
hood
given
nature
cannon
earlier
implied
right
action
cases
analytical
construct
comes
unless
congress
expressly
legislates
limited
remedial
policy
respect
rights
action
know
creating
intends
full
gamut
remedies
applied
view
rights
action
judicially
implied
categorical
limitations
upon
remedial
scope
may
judicially
implied
well
cf
cort
ash
although
abandoned
expansive
approach
exemplified
cannon
see
touche
ross
redington
transamerica
mortgage
advisors
lewis
perhaps
abandon
notion
implied
causes
action
entirely
see
thompson
thompson
scalia
concurring
judgment
causes
action
came
existence
ancien
regime
limited
logic
gave
birth
require
respect
right
consciously
intentionally
created
limitation
remedies
must
express
provide
effect
questionable
private
rights
also
expansively
remediable
puts
hatever
merits
implying
rights
action
may
justification
treating
congressional
silence
equivalent
broadest
imaginable
grant
remedial
authority
brief
amicus
curiae
nonetheless
agree
disposition
case
legislation
enacted
subsequent
cannon
late
day
address
whether
judicially
implied
exclusion
damages
title
ix
appropriate
civil
rights
remedies
equalization
amendment
must
read
view
validation
cannon
holding
ante
also
implicit
acknowledgment
damages
available
see
withdrawing
eleventh
amendment
immunity
providing
suits
remedies
including
remedies
law
equity
available
violations
title
ix
extent
remedies
available
violation
suit
public
private
entity
state
therefore
concur
judgment