Just Whistle

Title IX protects athletic program administrators who complain about inequities.

Photo of Roderick JacksonPhoto of Roderick JacksonWhile it is the job of the courts to determine the meaning of Congress when it passes a law, until the issue reaches the U.S. Supreme Court, it is not uncommon for there to be differing legal interpretations. Title IX of the Education Amendments of 1972 is no exception.

It was not until the Supreme Court's decision in Cannon v. University of Chicago [441 U.S. 677 (1979)] that the court found a private right of action to enforce its prohibition on intentional sex discrimination under Title IX. In addition, it was not until the Supreme Court decision in Franklin v. Gwinnett County Public Schools [503 U.S. 60 (1992)] that the courts found that Title IX authorizes private parties to seek monetary damages for intentional violations of the law. Finally, it was not until the Supreme Court decisions in Gebser v. Lago Vista Independent School Dist. [524 U.S. 274 (1998)] and Davis v. Monroe County Bd. of Ed. [526 U.S. 629 (1999)] that the courts interpreted Title IX to include intentional sex discrimination in the form of a federal funding recipient's deliberate indifference to a teacher's sexual harassment of a student, as well as to sexual harassment of a student by another student.

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