COMMENT: PROTECTING INDIVIDUALS FROM SEX DISCRIMINATION: COMPENSATORY RELIEF UNDER TITLE IX OF THE EDUCATION AMENDMENTS OF 1972. Skip over navigation
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Copyright (c) 1992 Washington Law Review
Washington Law Review

COMMENT: PROTECTING INDIVIDUALS FROM SEX DISCRIMINATION: COMPENSATORY RELIEF UNDER TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.

JANUARY, 1992

67 Wash. L. Rev. 155

Author

Pamela W. Kernie

Excerpt

Title IX of the Education Amendments of 1972 1 provides that no person may be discriminated against on the basis of sex under any federally-assisted educational program. 2 Although Title IX does not expressly provide for a private cause of action, 3 the Supreme Court held in Cannon v. University of Chicago 4 that Title IX implies a private cause of action. 5 Unfortunately, the Court in Cannon did not determine what types of remedies are available to plaintiffs bringing a lawsuit under Title IX. 6 Consequently, the lower courts are split on whether compensatory damages 7 are available to Title IX plaintiffs. 8

The following hypothetical illustrates the problem:

During her senior year in high school, Jane is sexually harassed by her teacher, Mr. Smith. As a result, Jane suffers severe emotional distress and must see a psychiatrist. Jane brings a Title IX suit against the school, establishing intentional sex discrimination. Her suit comes to trial one year after she graduates from high school. Mr. Smith no longer works at the school.

If Jane brings her suit in a jurisdiction thatdoes not recognize the availability of compensatory damages, she will be left remediless. Because she has graduated and Mr. Smith is no longer at the school, equitable relief in the form of censuring the school or Mr. Smith, or allowing Jane to switch into another class, would be meaningless to Jane. Moreover, Jane is left bearing the cost of both her emotional distress ...
 
 
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