Franklin v. Gwinnett County Public Schools, 911 F.2d 617 (1990). This case involves a sophomore at a high school named Christine Franklin, who alleged that she was sexually harassed and abused by a teacher and sports coach by the name of Andrew Hill. These allegations were occurring from 1986-1988, a total of two years. These allegations included Hill having explicit conversations with Franklin, forcing her to kiss him, and forceful intercourse on school grounds. Franklin claimed that she let teachers and administrators know about the harassment and that other students were going through the same harassment. The result of telling the teachers and administrators was that nothing was done about the situation and even encouraged Franklin not …show more content…
Christine Franklin was a student at North Gwinnett High School in Gwinnett County, Georgia from September 1985 through August 1989. 2. Franklin was subjected to sexual harassment and abuse by a teacher and sports coach by the name of Andrew Hill. 3. The sexual harassment and abuse from Hill included inappropriate touching, explicit conversation, forced kissing, and forceful intercourse on school grounds. 4. Franklin went to both administrators and teachers about the reoccurring issue between her and Hill, but nothing was done about the situation and it was swept under the rug and did nothing to stop the issue. 5. Both administrators and teachers discouraged Franklin from bringing charges against Hill in court. 6. The school conducted its own investigation which was halted in 1988 when Hill resigned from working at the school. 7. Franklin ended up suing for monetary damages under Title IX. 8. The federal court rejected dismissed Franklin’s case, because Title IX did not allow for monetary relief, The Eleventh Circuit Court of Appeals agreed with the court’s …show more content…
Title IX nowhere states that an individual can receive a monetary solution whenever a case is taken to court. With this case Franklin had no kind of justice from the school or the law before she filed her lawsuit. She was persuaded into thinking that she did not have to press any criminal charges against Hill. When taken into district court, her case was dismissed due to the fact that Title IX did not support monetary damages. When the Supreme Court took over the case, the court reversed the district court’s decision. The supreme court stated that monetary damages were available in a private right of action under Title IX such as Franklins case. The second question being brought up in this case is what "sex" cases are ruled under Title IX. The Title IX law specifies sex discrimination in education and does not refer to sexual harassment. In Franklin 's case it is a case doing with sexual harassment and sexual abuse. The analogy with Title VII of the Civil Rights Act of 1964, it prohibits sex discrimination in employment, the courts faced an issue prior to Franklins case to find that sexual harassment has been viewed as actionable sex discrimination under Title VII by both the Equal Employment Opportunity Commission (EEOC) and federal
High school student “John Doe” responded to peer teasing by choking the student and then kicking out a school window. Middle school student “Jack Smith” made sexual lewd comments to female classmates. Both had a history of hostile and aggressive behaviors that are manifestations of their disabilities. On the fifth day of the school suspension, the district notified both boys’ parents that they were proposing expulsion and they extended suspension until the expulsion proceedings were finished. Doe filed suit against the school district and the superintendent on grounds that the disciplinary actions violated the “stay-put” provision of the then Education of the Handicapped Act (EHA) (later IDEA). Having learned of Doe’s case, Smith also protested the school’s actions and intervened in Doe’s
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
The impact left in this case, Jackson vs. Board of Education (2005), has been an issue that?s gone on for decades. It is a more recent encounter that shows it still exists in modern day. In Davis v. Monroe County Board of Education (1999) and Franklin v. Gwinnett County Public Schools (1992) these cases both enforce Title IX of the Education Amendments of 1972 such as Jackson vs. Board of Education (2005). Rights to equal protection began in Brown vs. Board of Education (1954). This case left a huge impact on equal rights against sexual discrimination, discussing the importance of the 14th
Title IX is a federal law that states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Summing that up, Title IX prohibits sex discrimination in education. Title IX has banned sex discrimination in schools since 1972. Title IX is best known for parceling obstacles in sports for women and girls, it also ameliorates for girls to pursue math and science, requires fair treatment for pregnant and parenting students, and protects students from bullying and sexual harassment, among other things. Title IX applies to all educational institutions. Both public and private,
Have you ever wondered what protects our right to an education free of sexual harassment and equal opportunity in school activities? Title IX does that.
Rosenthal, C. S. (2008). Sports Talk: How Gender Shapes Discursive Framing of Title IX. Politics & Gender, 4(01), 65-92. Retrieved March 30, 2014, from http://dx.doi.org/10.1017/S1743923X08000032
Title IX was a social justice landmark for women in the United States. Women who directly benefited from Title IX were athletes, as it gave them opportunities to participate in sports in schools, receive the same amount of funding as the male sports programs, and for the first time gave women the opportunities to earn scholarships for sports. Indirectly, Title IX had an impact on all women in the United States, because it entitled them equal opportunity to education and created a provision against sexual discrimination. Title IX changed the expectations of women by giving them the opportunity to choose and compete, athletically, scholastically, professionally, politically, economically and socially.
The above federal civil rights laws have managed to achieve a lot of positive results in the education system of America. They have also been pivotal in improving the availability of equal education opportunities for all Americans. In the past, there were so many barriers that were capable of preventing women, disabled people and the aged from the right to choose the career of education level they would wish to do so. However, this limitation seems to be easing as a result of these laws, the Title IX being one of them. It is very critical that all stakeholders work together towards ensuring that we ha...
Title IX states that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subj...
The Civil right Acts of 1964 was originally written to end discrimination based on race, color, national origin, and along the way came Title IX. Title IX as we all know gave equal opportunity for women to participate in sports starting in Elementary schools to colleges or the universities level and almost all schools and colleges receive federal funding. The original intention was never focused on sports. It wasn’t until 1969 when an emerging activist by the name of Bernice Sandler complained to the University of Maryland and many more other universities that women are being treated unfairly, and the inequalities in pay, rank, admissions, and much more. In 1970, “Sandler joined Representative Edith Green’s Subcommittee on Higher Education and sat in on the congressional hearings where women’s rights were discussed”. It wasn’t in congressional hearing that Green and Sandler proposed Title IX and again, there was very limited mention of sports. The focal point was aiming toward equalities at employment and federally financed institutions. Although, Title IX was officially passed into law on June 23, 1972, many people didn’t fully understand what Title IX and that there were also other people who was against Title IX. President Nixon “President Nixon directed the now-defunct Department of Health, Education and Welfare (HEW) to carry out this important task.” In wasn’t until 1972 when the HEW published their finalized copy of Title IX and that’s when people had a good understanding of what it truthfully means. This was the step that people have finally have a clear understanding of Title IX and that it would applies to college athletics. Universities were given three years to implements Title IX. Many universities weren’t too happy a...
Jamie Whited was a long time employee for the university, and instead of the University of Tennessee trying to protect her, the university pretty much forced her to agree on a settlement, and resign from her position with the University of Tennessee.4 The outcome of the settlement did not only effect Jamie Whited’s work life with the University of Tennessee, but it also affected her career moving forward as a professional in college athletics for the Florida Southern, which when they found out about the settlement, the university also forced Jamie Whited to resign from her position years later.4Overall, the sexual harassment case at the University of Tennessee did not only affect her job there, but it ended up affecting the rest of her life as a health-care
Title IX did much more than what the average mind thinks of when they hear the words: Title IX. I personally was interested in what people thought of when they heard this and did two simple interviews, one of my grandpa’s, a 73 year old man, and also interviewed my friend, Samm, who is a 19 year old female who just recently graduated high school. I asked each of them two simple questions: What is Title IX to you? And Has Title IX had an impact on your life? My grandpa responded with “Title IX is just a way women thought they could get some power in this country, when really we live in a country made for a man, always has been, always will be.” My friend Samm on the other hand said “Title IX has given this country a chance to get closer to the equality in living we have yearned for over a long period of time. If it wasn’t for Title IX I would not have the friends I do today because I got to know all of them through sports, something that Title IX has given me the opportunity to participate in.” Now realistically I did not get a straight-forward answer of the two questions I asked them, but I was able to see two totally different viewpoints on one single subject. I know I can not come to any overall conclusions just from interviewing two people, but I believe these two I interviewed did basically answer how people of their generation and gender would. Just as with any other problem we face today, the varying viewpoints make it very hard to come to a compromise that makes the majority of people happy.
I think "Title IX" is appropiate for any and all applications that it may emply to because everyone is equal in some way, shape, or form. No one is any less human than the next person or even the person after that. Whether your female or male there is no reason why you shouldn't be able to take part in what you're entitled to and/or what you have rights to do. I feel it isn't right for people to be discriminated due to gender, race, learning capabilites, or ethnicity. We all should be able to take part in everything the world has to offer us. We shouldn't be divided by our culture, the color of our skin, or by our genders because in the end we are all humans and none of us are getting out alive. So its best to stay humble but even more than
Sexual harassment may be carried out by teachers, administrators, school staff and students. It is very important to know and understand the risks of sexual harassment in order to help prevent it and be there for those who have been personally affected. An example of sexual harassment could begin in elementary schools. As children develop sexually, they may become curious about their bodies, gender and sex. This could lead to many issues if not taught correctly. Many boys and girls may begin to talk about each other in unpleasant ways that are not always appropriate. This could cause issues such as unwanted physical contact, such as touching and grabbing as well as intimidating behavior, which may include nicknames, and homophobic name calling. To prevent issues such as these it is very important that children are taught boundaries from a young age and that they understand some of the consequences of their
Teacher coordinator had notified me that the Lorenzo de Zavala principal, toward the end of the year, constantly will pull out or add to the Coca-Cola program tutors, depending on the STARR pre-test and needs. Teacher coordinator has talked to both principal and assistant principal to no