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22 Hamline L. Rev. 587 (1998-1999)
School District Liability under Title IX for Sexual Abuse of a Student by a Teacher: Why Has the Supreme Court Allowed Schools to Put Their Heads in the Sand - Gebser v. Lago Vista Independent School District, 118 S. Ct. 1989 (1998)

handle is hein.journals/hamlrv22 and id is 597 raw text is: CASENOTES AND COMMENTS SCHOOL DISTRICT LIABILITY UNDER TITLE IX FOR SEXUAL ABUSE OF A STUDENT BY A TEACHER: WHY HAS THE SUPREME COURT ALLOWED SCHOOLS TO PUT THEIR HEADS IN THE SAND? GEBSER V LAGO VISTA INDEPENDENT SCHOOL DISTRICT, 118 S. CT. 1989 (1998) Anne D. Byrne' Children have a very special place in life which law should reflect. Legal theories and their phrasing in other cases readily lead to fallacious reasoning if uncritically transferred to determination of a State's duty toward children. 2 I. INTRODUCTION When she was thirteen years old, junior high school student Alida Geb- ser began taking courses from high school teacher Frank Waldrop.' Over the course of the next two years, Waldrop sexually abused Gebser.4 Although Gebser was terrified by the relationship, she did not report it to her parents or authorities because she trusted Waldrop and considered him to be her mentor.5 Waldrop and Gebser were eventually discovered by police officers while they were having sexual intercourse.6 Alida Gebser filed negligence claims against Waldrop and a sex dis- crimination claim under Title IX against the Lago Vista Independent School I. Candidate for Juris Doctor, December 2000. Hamline University School of Law. The author wishes to thank her parents, husband and children for their ongoing encouragement, love and support. She also wishes to thank her editors, Brenda Erickson and Jesseca Grassley, for their invaluable assistance. 2. May v. Anderson, 345 U.S. 528, 536 (1953) (Frankfurter, J., concurring). 3. See Gebser v. Lago Vista Indep. Sch. Dist., 118 S. CL 1989, 1993 (1998). Gebeer was a junior high student in the Lago Vista Independent School District. See id She was an honors student who needed a more advanced and challenging aca- demic program, so she was referred to Waldrop's high school level couse. See Doe v. Lago Vista Indep. Sch Dist, 106 F.3d 1223,1224 (5th Cir. 1997). Like most school districts, Lago Vista receives federal funds under Title IX, which was passed to pro- tect victims from discrimination or harassment on the basis of sex in educational programs. See 20 U.S.C. §1681 (1998). For a detailed discussion of Title IX. see infra Part I.C. 4. See Gebser, 118 S. Ct. at 1993. Waldrop's inappropriate advances gradually grew from sexual innuendoes during class to sexual intercourse. See id. 5. See Petitioners' Brief at 3-4. Gebser v. Lago Vista Indep. Sch. Dist, 118 S. Ct 1989 (1998) (No. 96-1866). She was unaware of any grievance policies in the school. See id. at 4-6. In addition, Waldrop's class was the only advanced placement course offered that summer, and Gebser hoped to receive college level credit for the course. See id. 6. See Gebser 18 S. Ct. at 1993. Lago Vista promptly terminated Waldrop and the Texas Education Agency revoked his teaching license. See id

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