Gebser v. Lago Vista School Dist

In Gebser v. Lago Vista School Dist. (1998) 524 U.S. 274, a student sexually harassed by a teacher sought monetary damages under Title IX in a private civil action against the school district. The Supreme Court held "that a damages remedy will not lie under Title IX unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures . . . has actual knowledge of discrimination . . . and fails adequately to respond." (Gebser, at p. 290.) In addition, "the response must amount to deliberate indifference to discrimination. The administrative enforcement scheme presupposes that an official who is advised of a Title IX violation refuses to take action to bring the federal funds recipient into compliance. The premise, in other words, is an official decision by the recipient not to remedy the violation. That framework finds a rough parallel in the standard of deliberate indifference. Under a lower standard, there would be a risk that the recipient would be liable in damages not for its own official decision but instead for its employees' independent actions." (Gebser, at pp. 290-291.)