09-1936 Jane Doe-2 v. McLean County Unit District No. 5 Board of Directors

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Civil Rights
Title IX

A school district cannot be liable under Title IX for sexual abuse by a teacher after he left the district to teach n another.

"Perhaps expanding Title IX's implied right of action to include a school district's failure to expose a teacher-harasser no longer within its control would have a positive effect, discouraging school officials from quietly shuffling abusive teachers on to another district. Nonetheless, given the Supreme Court's reluctance to expand statutory remedies through implied rights of action, see Smart v. Int'l Bhd. of Elec. Workers, Local 702, 315 F.3d 721, 727 (7th Cir. 2002), we are constrained to follow the specific limitations that the Court has placed on Title IX's implied private remedy. One such limitation is that the known acts of sexual harassment be subject to the school district's control, Davis, 526 U.S. at 644, a control that the McLean County School District didn't have over White's harassment of Doe-2 in Urbana."

Affirmed.

09-1936 Jane Doe-2 v. McLean County Unit District No. 5 Board of Directors

Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Tinder, J.

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