Unlike employment sexual harassment cases brought under Title VII, cases involving sexual harassment of students are brought under Title IX of the Educational Amendments of 1972. Title IX states that “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.”
For many years, there was confusion as to whether a sexual harassment case could be brought under Title IX. Some courts allowed them, and others did not. Then in 1992, the Supreme Court decided the case of Franklin v. Gwinnett County Schools, the first time the court had given an opinion in on the matter.