Gebser v. Lago Vista Independent School District

524 U.S. 274, 118 S. Ct. 1989, 141 L. Ed. 2d 277, 1998 U.S. LEXIS 4173
Supreme Court of the United States·Decided June 22, 1998·No. 96-1866·Published·Cited by 1,348 cases

Opinions

Justice O’Connor

delivered the opinion of the Court.

The question in this ease is when a school district may be held liable in damages in an implied right of action under Title IX of the Education Amendments of 1972, 86 Stat. 373, as amended, 20 U. S. C. § 1681 et seq. (Title IX), for the sexual harassment of a student by one of the district’s teachers. We conclude that damages may not be recovered in those circumstances unless an official of the school district who at a minimum has authority to institute corrective measures on the district’s behalf has actual notice of, and is deliberately indifferent to, the teacher’s misconduct.

I

In the spring of 1991, when petitioner Alida Star Gebser was an eighth-grade student at a middle school in respondent Lago Vista Independent School District (Lago Vista), she joined a high school book discussion group led by Frank Wal-drop, a teacher at Lago Yista’s high school. Lago Vista received federal funds at all pertinent times. During the book discussion sessions, Waldrop often made sexually suggestive comments to the students. Gebser entered high school in the fall and was assigned to classes taught by Waldrop in both semesters. Waldrop continued to make inappropriate [278] remarks to the students, and he began to direct more of his suggestive comments toward Gebser, including during the substantial amount of time that the two were alone in his classroom. He initiated sexual contact with Gebser in the spring, when, while visiting her home ostensibly to give her a book, he kissed and fondled her. The two had sexual intercourse on a number of occasions during the remainder of the school year. Their relationship continued through the summer and into the following school year, and they often had intercourse during class time, although never on school property.

Gebser did not report the relationship to school officials, testifying that while she realized Waldrop’s conduct was improper, she was uncertain how to react and she wanted to continue having him as a teacher. In October 1992, the parents of two other students complained to the high school principal about Waldrop’s comments in class. The principal arranged a meeting, at which, according to the principal, Waldrop indicated that he did not believe he had made offensive remarks but apologized to the parents and said it would not happen again. The principal also advised Waldrop to be careful about his classroom comments and told the school guidance counselor about the meeting, but he did not report the parents’ complaint to Lago Vista’s superintendent, who was the district’s Title IX coordinator. A couple of months later, in January 1993, a police officer discovered Waldrop and Gebser engaging in sexual intercourse and arrested Wal-drop. Lago Vista terminated his employment, and subsequently, the Texas Education Agency revoked his teaching license. During this time, the district had not promulgated or distributed an official grievance procedure for lodging sexual harassment complaints; nor had it issued a formal anti-harassment policy. -

Gebser and her mother filed suit against Lago Vista and Waldrop in state court in November 1993, raising claims against the school district under Title IX, Rev. Stat. § 1979, [279] 42 U. S. C. § 1988, and state negligence law, and claims against Waldrop primarily under state law. They sought compensatory and punitive damages from both defendants. After the case was removed, the United States District Court for the Western District of Texas granted summary judgment in favor of Lago Vista on all claims, and remanded the allegations against Waldrop to state court. In rejecting the Title IX claim against the school district, the court reasoned that the statute “was enacted to counter policies of discrimination ... in federally funded education programs,” and that “[o]nly if school administrators have some type of notice of the gender discrimination and fail to respond in good faith can the discrimination be interpreted as a policy of the school district.” App. to Pet. for Cert. 6a-7a. Here, the court determined, the parents’ complaint to the principal concerning Waldrop’s comments in class was the only one Lago Vista had received about Waldrop, and that evidence was inadequate to raise a genuine issue on whether the school district had actual or constructive notice that Waldrop was involved in a sexual relationship with a student.

Petitioners appealed only on the Title IX claim. The Court of Appeals for the Fifth Circuit affirmed, Doe v. Lago Vista Independent School Dist., 106 F. 3d 1223 (1997), relying in large part on two of its recent decisions, Rosa H. v. San Elizario Independent School Dist., 106 F. 3d 648 (1997), and Canutillo Independent School Dist. v. Leija, 101 F. 3d 393 (1996), cert. denied, 520 U. S. 1265 (1997). The court first declined to impose strict liability on school districts for a teacher’s sexual harassment of a student, reiterating its conclusion in Leija that strict liability is inconsistent with “the Title IX contract.” 106 F. 3d, at 1225 (internal quotation marks omitted). The court then determined that Lago Vista could not be liable on the basis of constructive notice, finding that there was insufficient evidence to suggest that a school official should have known about Waldrop’s relationship with Gebser. Ibid. Finally, the court refused to in[280] voke the common law principle that holds an employer vicariously liable when an employee is “aided in accomplishing [a] tort by the existence of the agency relation,” Restatement (Second) of Agency §219(2)(d) (1957) (hereinafter Restatement), explaining that application of that principle would result in school district liability in essentially every case of teacher-student harassment. 106 F. 3d, at 1225-1226.

The court concluded its analysis by reaffirming its holding in Rosa H. that “school districts are not liable in tort for teacher-student [sexual] harassment under Title IX unless 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 the abuse, and failed to do so,” 106 F. 3d, at 1226, and ruling that petitioners could not satisfy that standard. The Fifth Circuit’s analysis represents one of the varying approaches adopted by the Courts of Appeals in assessing a school district’s liability under Title IX for a teacher’s sexual harassment of a student. See Smith v. Metropolitan School Dist. Perry Twp., 128 F. 3d 1014 (CA7 1997); Kracunas v. Iona College, 119 F. 3d 80 (CA2 1997); Doe v. Claiborne County, 103 F. 3d 495, 513-515 (CA6 1996); Kinman v. Omaha Public School Dist., 94 F. 3d 463, 469 (CA8 1996). We granted certiorari to address the issue, 522 U. S. 1011 (1997), and we now affirm.

I — I H-i

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Gebser v. Lago Vista Independent School District, 524 U.S. 274, 118 S. Ct. 1989, 141 L. Ed. 2d 277, 1998 U.S. LEXIS 4173 (1998).

524 U.S. 274 (Gebser v. Lago Vista Independent School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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