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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)

Citation
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Parent Document
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Effective Date
2010-02-08

Other Sections in This Document (68)

Full Text

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The starting point for this inquiry is Franklin v. Gwinnett
County Public Schools, 503 U.S. 60 (1992), in which the
defendant school district was aware of a teacher’s sexual
harassment of a student but took no action to stop it. The
Court recognized that Pennhurst State School and Hospital v.
Halderman, 451 U.S. 1, 28-29 (1981), precludes the award of
damages for unintentional violations of statutes, like Title IX,
enacted pursuant to Congress’s spending authority. See
Franklin, 503 U.S. at 74. Franklin held, however, that the
failure to halt harassment of which a school district is aware
constitutes intentional discrimination for which monetary
damages are an appropriate remedy. Id. at 75-76.