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· 2/17/1997

Rosa H., Individually and as Next Friend of Deborah H. v. San Elizario Independent School District, San Elizario Independent School District

Citations

  • 106 F.3d 648
  • 1997 U.S. App. LEXIS 12987
  • 1997 WL 66087

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an appropriate person is “a school official who . . . was invested by the school board with the duty to supervise the employee and the power to take action that would end such abuse”
  • indicating that notice of harassment by employees who lack authority, beyond reporting the misconduct to other employees, is insufficient to trigger a school’s liability under Title IX
  • limiting liability to cases in which “those school employees in the chain of command whom the school board has appointed to ... remedy the wrongdoing themselves” had actual notice, without naming specific individuals
  • refusing, pursuant to Pennhurst, to “retroactively” bind defendants to ED’s later interpretation of Title IX because the government “cannot modify past agreements with recipients by unilaterally issuing guidelines through the Department of Education”
  • for \actual notice\ purposes, \[s]tudents need not show that the district knew that a particular teacher would abuse a particular student\
  • “When the school board accepted federal funds, it agreed not to discriminate on the basis of sex. We think it unlikely that it further agreed to suffer liability whenever its employees discriminate on the basis of sex”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Higginbotham, Lake

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.