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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?