Legal Opinion
Rosa H., Individually and as Next Friend of Deborah H. v. San Elizario Independent School District, San Elizario Independent School District
Court of Appeals for the Fifth Circuit
Decided February 17, 1997No. 95-50811PublishedCited by 114 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This case requires us to decide whether Title IX, 20 U.S.C. §§ 1681-1688, creates liability on the part of a public school district that negligently fails to prevent an instructor from sexually abusing a student. We hold that it does not. In order to hold a school district liable under Title IX for teacher-student sexual harassment based on a hostile educational environment, a plaintiff must show that an employee who has been invested by the school board with supervisory power over the offending employee actually knew of the abuse, had the power to end…
2Cases cited36 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
- Franklin v. Gwinnett County Public SchoolsSupreme Court of the United States · 1992
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3Cited by114 opinions
- Gebser v. Lago Vista Independent School DistrictSupreme Court of the United States · 1998
- Sossamon v. Lone Star State of TexasCourt of Appeals for the Fifth Circuit · 2009
- Nelson v. MillerCourt of Appeals for the Seventh Circuit · 2009
- Baynard v. MaloneCourt of Appeals for the Fourth Circuit · 2001
- Murrell Ex Rel. Jones v. School District No. 1Court of Appeals for the Tenth Circuit · 1999
109 more not listed; retrieve them via the Exa API.