fitzgerald
et
vir
barnstable
school
committee
et
argued
december
decided
january
petitioners
filed
suit
respondents
local
school
district
governing
board
superintendent
alleging
response
allegations
sexual
harassment
petitioners
daughter
older
student
inadequate
raising
claims
inter
alia
title
ix
education
amendments
violation
equal
protection
clause
fourteenth
amendment
among
rulings
district
dismissed
claim
first
circuit
affirmed
holding
precedents
title
ix
implied
private
remedy
sufficiently
comprehensive
preclude
use
advance
constitutional
claims
held
title
ix
preclude
action
alleging
unconstitutional
gender
discrimination
schools
pp
middlesex
county
sewerage
authority
national
sea
clammers
smith
robinson
rancho
palos
verdes
abrams
found
particular
statutory
enactments
precluded
claims
established
congress
intended
statute
remedial
scheme
exclusive
avenue
plaintiff
may
assert
claims
smith
supra
determining
whether
congress
intended
subsequent
statute
preclude
enforcement
federal
right
placed
primary
emphasis
nature
extent
statute
remedial
scheme
see
sea
clammers
claim
alleges
constitutional
violation
lack
congressional
intent
preclude
may
also
inferred
comparison
rights
protections
statute
existing
constitution
pp
absence
comprehensive
remedial
scheme
comparable
issue
sea
clammers
smith
rancho
palos
verdes
light
divergent
coverage
title
ix
equal
protection
clause
must
concluded
title
ix
meant
exclusive
mechanism
addressing
gender
discrimination
schools
substitute
suits
means
enforcing
constitutional
rights
pp
title
ix
express
enforcement
mechanism
administrative
procedure
resulting
withdrawal
federal
funding
noncompliant
institutions
also
recognized
implied
private
right
action
cannon
university
chicago
injunctive
relief
damages
available
franklin
gwinnett
county
public
schools
remedies
stand
stark
contrast
unusually
elaborate
carefully
tailored
restrictive
enforcement
schemes
statutes
sea
clammers
smith
rancho
palos
verdes
unlike
statutes
title
ix
administrative
exhaustion
requirement
notice
provisions
plaintiffs
file
directly
implied
private
right
action
obtain
full
range
remedies
accordingly
parallel
concurrent
claims
neither
circumvent
required
procedures
allow
access
new
remedies
moreover
rancho
palos
verdes
provision
express
private
means
redress
statute
key
consideration
determining
congressional
intent
existence
restrictive
private
remedy
statutory
violations
dividing
line
cases
action
lie
held
title
ix
contains
express
private
remedy
much
less
restrictive
one
pp
ii
title
ix
protections
narrower
respects
broader
others
guaranteed
equal
protection
clause
agree
first
circuit
congress
saw
title
ix
sole
means
correcting
unconstitutional
gender
discrimination
schools
title
ix
reaches
institutions
programs
receive
federal
funds
may
include
nonpublic
institutions
consistently
interpreted
authorizing
suit
school
officials
teachers
individuals
moreover
constitutional
provision
reaches
state
actors
equal
protection
claims
may
brought
individuals
well
state
entities
west
atkins
title
ix
exempts
restrictions
several
activities
may
challenged
constitutional
grounds
see
even
particular
activities
particular
defendants
subject
title
ix
equal
protection
clause
standards
establishing
liability
may
wholly
congruent
compare
gebser
lago
vista
independent
school
monell
new
york
city
dept
social
pp
iii
conclusion
consistent
title
ix
context
history
congress
enacted
title
ix
authorized
attorney
general
intervene
private
suits
alleging
sex
discrimination
violative
equal
protection
clause
congress
must
explicitly
envisioned
private
plaintiffs
bring
constitutional
claims
challenge
gender
discrimination
via
moreover
title
ix
modeled
title
vi
civil
rights
act
cannon
supra
time
title
ix
enactment
lower
courts
routinely
interpreted
title
vi
allow
parallel
concurrent
claims
absent
contrary
evidence
follows
congress
intended
title
ix
interpreted
similarly
allow
parallel
concurrent
claims
pp
neither
courts
addressed
merits
petitioners
constitutional
claims
even
sufficiency
pleadings
first
instance
pp
reversed
remanded
alito
delivered
opinion
unanimous
lisa
fitzgerald
et
vir
petitioners
stable
school
committee
et
al
writ
certiorari
appeals
first
circuit
january
justice
alito
delivered
opinion
issue
case
sexual
harassment
whether
title
ix
education
amendments
stat
precludes
action
rev
stat
alleging
unconstitutional
gender
discrimination
schools
appeals
first
circuit
held
reverse
case
comes
us
motion
dismiss
federal
rule
civil
procedure
assume
truth
facts
alleged
petitioners
complaint
school
year
daughter
petitioners
lisa
robert
fitzgerald
kindergarten
student
barnstable
massachusetts
school
system
rode
bus
school
morning
one
day
told
parents
whenever
wore
dress
boy
school
bus
bully
lifting
skirt
lisa
fitzgerald
immediately
called
school
principal
frederick
scully
arranged
meeting
later
day
fitzgeralds
daughter
another
school
official
lynda
day
scully
day
questioned
alleged
bully
denied
allegations
day
also
interviewed
bus
driver
several
students
rode
bus
concluded
corroborate
girl
version
events
fitzgeralds
daughter
provided
new
details
alleged
abuse
parents
relayed
scully
specifically
told
parents
addition
bullying
raising
skirt
boy
coerced
pulling
underpants
spreading
legs
scully
scheduled
second
meeting
fitzgeralds
discuss
additional
details
questioned
boy
students
meanwhile
local
police
department
conducted
independent
investigation
concluded
insufficient
evidence
bring
criminal
charges
boy
based
partly
police
investigation
partly
school
investigation
scully
similarly
concluded
insufficient
evidence
warrant
discipline
scully
propose
remedial
measures
fitzgeralds
suggested
transferring
daughter
different
bus
leaving
rows
empty
seats
kindergarteners
older
students
original
bus
fitzgeralds
felt
proposals
punished
daughter
instead
boy
countered
alternative
proposals
suggested
transferring
boy
different
bus
placing
monitor
original
bus
barnstable
school
system
superintendent
russell
dever
act
proposals
fitzgeralds
began
driving
daughter
school
avoid
bullying
bus
continued
report
unsettling
incidents
school
fitzgeralds
reported
incident
scully
fitzgeralds
daughter
unusual
number
absences
remainder
school
year
april
fitzgeralds
filed
suit
district
alleging
school
system
response
allegations
sexual
harassment
inadequate
resulting
harassment
daughter
complaint
included
claim
violation
title
ix
barnstable
school
committee
school
system
governing
body
claims
violations
title
ix
equal
protection
clause
fourteenth
amendment
school
committee
dever
massachusetts
claims
school
committee
dever
school
committee
dever
respondents
filed
motion
dismiss
district
granted
claims
claims
title
ix
claim
school
committee
filed
motion
summary
judgment
district
also
granted
hunter
barnstable
school
committee
supp
mass
appeals
first
circuit
affirmed
turning
first
title
ix
claim
school
committee
noted
three
points
dispute
school
committee
recipient
federal
funds
therefore
subject
title
ix
school
committee
actual
knowledge
harassment
fitzgeralds
daughter
suffered
allegations
complaint
true
harassment
severe
pervasive
objectively
offensive
concluded
fitzgeralds
title
ix
claim
lacked
merit
however
response
school
committee
dever
reported
harassment
objectively
reasonable
appeals
turned
next
fitzgeralds
claims
relying
precedents
middlesex
county
sewerage
authority
national
sea
clammers
smith
robinson
rancho
palos
verdes
abrams
characterized
title
ix
implied
private
remedy
sufficiently
comprehensive
preclude
use
advance
statutory
claims
based
title
ix
reasoning
held
appl
ied
equal
force
constitutional
claims
ibid
concluded
congress
saw
title
ix
sole
means
vindicating
constitutional
right
free
gender
discrimination
perpetrated
educational
institutions
ibid
appeals
decision
deepened
conflict
among
circuits
regarding
whether
title
ix
precludes
use
redress
unconstitutional
gender
discrimination
schools
compare
bruneau
ex
rel
schofield
south
kortright
central
school
waid
merrill
area
public
schools
pfeiffer
marion
center
area
school
communities
equity
michigan
high
school
athletic
crawford
davis
seamons
snow
granted
certiorari
resolve
conflict
reverse
ii
relevant
part
provides
every
person
color
statute
ordinance
regulation
custom
usage
state
territory
district
columbia
subjects
causes
subjected
citizen
person
within
jurisdiction
thereof
deprivation
rights
privileges
immunities
secured
constitution
laws
shall
liable
party
injured
action
law
suit
equity
proper
proceeding
redress
three
cases
found
statutory
enactments
precluded
claims
statute
sea
clammers
supra
smith
supra
rancho
palos
verdes
supra
cases
establish
crucial
consideration
congress
intended
smith
congress
intended
statute
remedial
scheme
exclusive
avenue
plaintiff
may
assert
claim
claims
precluded
see
rancho
palos
verdes
critical
question
whether
congress
meant
judicial
remedy
authorized
statute
coexist
alternative
remedy
available
action
cases
claim
based
statutory
right
evidence
congressional
intent
may
found
directly
statute
creating
right
inferred
statute
creation
comprehensive
enforcement
scheme
incompatible
individual
enforcement
internal
quotation
marks
omitted
cases
claim
alleges
constitutional
violation
lack
congressional
intent
may
inferred
comparison
rights
protections
statute
existing
constitution
contours
rights
protections
diverge
significant
ways
likely
congress
intended
displace
suits
enforcing
constitutional
rights
conclusions
regarding
congressional
intent
confirmed
statute
context
breyer
concurring
ontext
literal
text
often
lead
congress
intent
respect
particular
statute
determining
whether
subsequent
statute
precludes
enforcement
federal
right
placed
primary
emphasis
nature
extent
statute
remedial
scheme
see
sea
clammers
supra
remedial
devices
provided
particular
act
sufficiently
comprehensive
may
suffice
demonstrate
congressional
intent
preclude
remedy
suits
sea
clammers
illustrates
approach
plaintiffs
brought
suit
violations
federal
water
pollution
control
act
marine
protection
research
sanctuaries
act
analysis
focused
two
statutes
unusually
elaborate
enforcement
provisions
authorized
environmental
protection
agency
seek
civil
criminal
penalties
violations
permitted
interested
seek
judicial
review
contained
detailed
citizen
suit
provisions
allowing
injunctive
relief
allowing
parallel
claims
proceed
concluded
thwarted
congress
intent
formulating
detailing
provisions
smith
plaintiffs
alleged
deprivation
free
appropriate
public
education
handicapped
child
violation
education
handicapped
act
eha
due
process
equal
protection
clauses
fourteenth
amendment
departing
pattern
plaintiffs
sea
clammers
smith
plaintiffs
relied
assert
independent
constitutional
rights
assert
statutory
rights
guaranteed
eha
sea
clammers
however
focused
statute
detailed
remedial
scheme
concluding
congress
intended
statute
provide
sole
avenue
relief
smith
noting
comprehensive
nature
procedures
guarantees
set
statute
congress
express
efforts
place
local
state
educational
agencies
primary
responsibility
developing
plan
accommodate
needs
individual
handicapped
child
rancho
palos
verdes
focused
statute
remedial
scheme
inferring
congressional
intent
exclusivity
denied
permit
build
radio
tower
property
plaintiff
brought
claims
injunctive
relief
telecommunications
act
tca
damages
attorney
fees
noting
tca
provides
highly
detailed
restrictive
administrative
judicial
remedies
explaining
limitations
upon
remedy
contained
statute
deliberate
evaded
concluded
congress
must
intended
statutory
remedies
exclusive
three
cases
statutes
issue
required
plaintiffs
comply
particular
procedures
exhaust
particular
administrative
remedies
prior
filing
suit
sea
clammers
supra
smith
supra
rancho
palos
verdes
supra
offering
plaintiffs
direct
route
via
circumvented
procedures
given
plaintiffs
access
tangible
benefits
damages
attorney
fees
costs
unavailable
allowing
plaintiff
circumvent
statutes
provisions
way
inconsistent
congress
carefully
tailored
scheme
smith
supra
section
title
ix
provides
person
shall
basis
sex
excluded
participation
denied
benefits
subjected
discrimination
education
program
activity
receiving
federal
financial
assistance
statute
express
enforcement
mechanism
administrative
procedure
resulting
withdrawal
federal
funding
institutions
compliance
addition
recognized
implied
private
right
action
cannon
university
chicago
suit
brought
pursuant
private
right
injunctive
relief
damages
available
franklin
gwinnett
county
public
schools
remedies
withdrawal
federal
funds
implied
cause
action
stand
stark
contrast
unusually
elaborate
carefully
tailored
restrictive
enforcement
schemes
statutes
issue
sea
clammers
smith
rancho
palos
verdes
unlike
statutes
title
ix
administrative
exhaustion
requirement
notice
provisions
implied
private
right
action
plaintiffs
file
directly
cannon
supra
obtain
full
range
remedies
see
franklin
supra
concluding
congress
intend
limit
remedies
available
suit
brought
title
ix
result
parallel
concurrent
claims
neither
circumvent
required
procedures
allow
access
new
remedies
moreover
explained
rancho
palos
verdes
provision
express
private
means
redress
statute
key
consideration
determining
congressional
intent
existence
restrictive
private
remedy
statutory
violations
dividing
line
cases
held
action
lie
held
emphasis
added
noted
title
ix
contains
express
private
remedy
much
less
restrictive
one
never
held
implied
right
action
effect
precluding
suit
likely
difficulty
discerning
congressional
intent
situation
see
franklin
supra
scalia
concurring
judgment
quite
obviously
search
congress
remedial
intent
right
whose
existence
congress
expressly
acknowledge
unlikely
succeed
mindful
lightly
conclude
congress
intended
preclude
reliance
remedy
substantial
equal
protection
claim
smith
see
basis
comparison
substantive
rights
protections
guaranteed
title
ix
equal
protection
clause
lends
support
conclusion
congress
intend
title
ix
preclude
constitutional
suits
title
ix
protections
narrower
respects
broader
others
protections
guaranteed
two
sources
law
diverge
way
agree
appeals
congress
saw
title
ix
sole
means
vindicating
constitutional
right
free
gender
discrimination
perpetrated
educational
institutions
title
ix
reaches
institutions
programs
receive
federal
funds
may
include
nonpublic
institutions
consistently
interpreted
authorizing
suit
school
officials
teachers
individuals
see
hartley
parnell
equal
protection
clause
reaches
state
actors
equal
protection
claims
may
brought
individuals
well
municipalities
certain
state
entities
west
atkins
title
ix
exempts
restrictions
several
activities
may
challenged
constitutional
grounds
example
title
ix
exempts
elementary
secondary
schools
prohibition
discrimination
admissions
exempts
military
service
schools
traditionally
public
colleges
provisions
exempted
activities
may
form
basis
equal
protection
claims
see
virginia
admissions
policy
virginia
military
institute
violated
equal
protection
clause
mississippi
univ
women
hogan
admission
policy
traditionally
public
college
violated
equal
protection
clause
even
particular
activities
particular
defendants
subject
title
ix
equal
protection
clause
standards
establishing
liability
may
wholly
congruent
example
title
ix
plaintiff
establish
school
district
liability
showing
single
school
administrator
authority
take
corrective
action
responded
harassment
deliberate
indifference
gebser
lago
vista
independent
school
plaintiff
stating
similar
claim
via
violation
equal
protection
clause
school
district
municipal
entity
must
show
harassment
result
municipal
custom
policy
practice
monell
new
york
city
dept
social
light
divergent
coverage
title
ix
equal
protection
clause
well
absence
comprehensive
remedial
scheme
comparable
issue
sea
clammers
smith
rancho
palos
verdes
conclude
title
ix
meant
exclusive
mechanism
addressing
gender
discrimination
schools
substitute
suits
means
enforcing
constitutional
rights
accordingly
hold
suits
based
equal
protection
clause
remain
available
plaintiffs
alleging
unconstitutional
gender
discrimination
schools
conclusion
consistent
title
ix
context
history
enacting
title
ix
congress
amended
stat
authorize
attorney
general
intervene
private
suits
alleging
discrimination
basis
sex
violation
equal
protection
clause
see
stat
adding
term
sex
listed
grounds
already
included
race
color
religion
national
origin
accordingly
appears
congress
enacted
title
ix
explicitly
envisioned
private
plaintiffs
bring
constitutional
claims
challenge
gender
discrimination
must
recognized
plaintiffs
via
moreover
congress
modeled
title
ix
title
vi
civil
rights
act
cannon
passed
title
ix
explicit
understanding
interpreted
title
vi
time
title
ix
enactment
title
vi
routinely
interpreted
allow
parallel
concurrent
claims
see
alvarado
el
paso
independent
school
nashville
steering
comm
ellington
bossier
parish
school
bd
lemon
presume
congress
aware
passed
title
ix
see
franklin
assessing
congress
intent
evaluate
state
law
legislature
passed
title
ix
absence
contrary
evidence
follows
congress
intended
title
ix
interpreted
similarly
allow
parallel
concurrent
claims
least
indicates
congress
affirmatively
intend
title
ix
preclude
iii
one
matter
remains
respondents
contend
judgment
appeals
affirmed
independent
grounds
namely
fitzgeralds
actionable
claim
proceed
contend
appeals
holding
neither
school
committee
dever
acted
deliberate
indifference
conclusive
forecloses
constitutional
claim
based
similar
theory
liability
contend
constitutional
claims
facts
precluded
fitzgeralds
failure
allege
claims
adequately
preserve
appeal
fitzgeralds
respond
intention
relitigating
issue
deliberate
indifference
intend
say
advance
claims
discriminatory
treatment
investigation
student
behavior
treatment
student
complaints
foreclosed
developing
earliest
stages
litigation
dismissal
claims
fitzgeralds
note
addressed
merits
constitutional
claims
even
sufficiency
pleadings
ordinarily
decide
first
instance
issues
decided
national
collegiate
athletic
assn
smith
see
reason
accordingly
reverse
appeals
judgment
district
dismissal
claims
proper
remand
case
proceedings
consistent
opinion
ordered
footnotes
statutes
issue
sea
clammers
smith
allow
damages
statute
issue
rancho
palos
verdes
expressly
allow
damages
lower
courts
interpreted
statutes
issue
smith
rancho
palos
verdes
allow
attorney
fees
costs
see
sea
clammers
addressing
federal
water
pollution
control
act
stat
amended
et
marine
protection
research
sanctuaries
act
stat
amended
et
seq
smith
addressing
education
handicapped
act
stat
amended
et
seq
rancho
palos
verdes
nn
addressing
telecommunications
act
stat
respondents
argue
constitutional
protections
gender
discrimination
minimal
equal
protection
case
decided
employed
rational
basis
standard
reed
reed
see
gunther
search
evolving
doctrine
changing
model
newer
equal
protection
harv
rev
reed
exemplified
application
rationality
review
bite
argue
congress
viewed
equal
protection
clause
offering
meaningful
remedy
sex
discrimination
schools
envisioned
intended
title
ix
constitutional
claims
proceed
side
side
relevant
question
whether
congress
envisioned
two
types
claims
proceed
together
addressing
gender
discrimination
schools
whether
congress
affirmatively
intended
preclude
result
limited
nature
constitutional
protections
gender
discrimination
offers
evidence
congress