condary institution, or a public system of higher education . . . any part of which is extended Federal financial assistance,” must be in compliance with Title IX. [7] Despite the fact that the Restoration Act failed to specifically mention sports in its codification, the record of congressional debates left little room for doubt that among its goals was the creation of more athletic opportunities and equality for female athletes. [8]On February 2, 1992, in the case of Franklin vs. Gwinnett County Public Schools, 501 U.S. 1204 (1991), the Supreme Court further altered Title IX to allow for punitive damages when intentional action was taken to avoid Title IX compliance. [9] The case involved a high school girl who said she was sexually harassed and abused by a teacher. She filed for damages in Federal District Court, which dismissed the complaint, saying Title IX does not authorize an award of damages. The Court of Appeals agreed. But the U.S. Supreme Court held that compensatory and punitive damages were available under Title IX. This case was crucial in putting “teeth” into Title IX, allowing women to find lawyers willing to take their cases because of the possibility of an award for damages, and threatening colleges in their pocketbooks if they refused to comply with Title IX. [9] Additionally, Franklin makes clear that damages are essential to ensuring that Title IX's mandate of equal educational opportunity is realized, since damages may provide the only concrete method of compensating a victim of sex discrimination. In addition to Title IX, three pieces of supporting and related legislation have been enacted. First, the Women's Educational Equity Act of 1974 provides for federal financial and technical support to local efforts to remove barriers for females in all areas of education through, for example, the development of model programs, training, and research. Then, Title IV of the Civil Rights Act of 1964 ...
