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)
Jurisdiction: United States (federal)
Effective Date: 2010-02-08
Original Source: https://www.courtlistener.com/opinion/3065442/mansourian-v-regents-of-the-uni... ↗

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Gebser v. Lago Vista Independent School District, 524 U.S.
274 (1998), further defined the scope of a school’s monetary
liability under Title IX for inaction in the face of serious sex-
ual harassment. In Gebser, the Court held that principles of
respondeat superior and constructive notice are inadequate to
impose Title IX liability on a school district for a teacher’s
sexual abuse of a high school student. Id. at 285. Noting that
Title IX’s express enforcement scheme, termination of federal
funding, requires “an opportunity for voluntary compliance”
before suspending or terminating funding, see 20 U.S.C.
§ 1682, Gebser held that the judicially implied private right of
action similarly should not impose liability “without regard to
the recipient’s knowledge or its corrective actions upon
        MANSOURIAN v. REGENTS OF UNIVERSITY      OF   CALIFORNIA 2223
receiving notice.” Id. at 289. Monetary damages premised on
constructive notice or respondeat superior for sexual harass-
ment, the Court held in Gebser, would entail a risk that “the
recipient of funds was unaware of the discrimination.” Id. at
287. Rather,

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