WASHINGTON — Christine Franklin was a ninth-grader at a suburban Atlanta high school in 1986 when, she alleges, a male teacher began making sexual advances to her.
He was persistent, she says, and even came into her classes to ask fellow teachers if he could "borrow" her for an hour or so. On three occasions, she says, he forced her to have sex at school.
Other teachers were alerted. Some suggested to the principal that he investigate, but others tried to hush up the problem. After school officials interviewed Franklin and several other young women with similar complaints, the teacher resigned in 1988. He was never charged, however.
Franklin pressed her complaint. She filed a lawsuit against the school district and its officials, claiming gross sexual harassment and seeking financial damages. The case of Franklin vs. Gwinnett County Public Schools has reached the Supreme Court and raises a fundamental question: Does the 1972 federal law banning sex discrimination in schools and colleges allow victims of sex bias to win damages?
The answer could have profound consequences. Women's rights lawyers say female students are still being subjected to discrimination in schools and colleges because the officials often escape criminal prosecution and are not subject to civil penalties for violating the law.
"Money talks. Rights aren't meaningful without a remedy," said Ellen J. Vargyas, an attorney for the National Women's Law Center. "School officials will pay more attention if they can get more than a slap on the wrist."
Whether the problem is a shortage of female sports teams or blatant sexual harassment by male teachers, women's rights attorneys say that a few highly publicized damage awards against school officials could help bring about a solution.
BACKGROUND: In 1972, Congress added an amendment to federal education laws. Known as Title IX, it says: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."
But the law did not say whether women who were victims of sex discrimination could sue for damages. The only obvious remedy was for the government to cut off federal funds to the offending school system or university.
Though no federal court has awarded a female student damages for sex discrimination on the part of a school district or college, two federal appeals courts have split on the issue in recent years.