Fitzgerald v. Barnstable School Committee

Fitzgerald v. Barnstable School Committee was decided on recently and is an important case raising issues of the correct interpretation of a major federal statute outlawing gender discrimination by educational institutions.  Title IX precludes Section 1983 constitutional claims to remedy sex discrimination in educational settings.  The facts of the case were that Jacqueline Fitzgerald, had been riding on a school bus.  She claimed that she had been bullied her into lifting up her skirt by an older student.  The school and local police commenced an investigation and determined that “there was insufficient evidence to proceed criminally” but no disciplinary action was taken against the boy.


Subsequent to the school declining the a case was filed suit alleging violations of Title IX, the U.S. Constitution. In particular, it was argued that Jacqueline had “a clearly established right under state and federal statutory and constitutional law to equal access to all benefits and privileges of a public education, and a right to be free of sexual harassment in school.”  At district court level, the section 1983 claims, the state law claims and eventually the Title IX claims were given summary judgment in favor of the school.  On appeal, the U.S. Court of Appeals for the First Circuit upheld the granting of summary judgment with respect to the Title IX claim.  PArt of the reason for the dispute is that there is a split among the circuit courts on this issue. The Sixth, Eighth and Tenth Circuits all allow plaintiffs to bring both Title IX and 1983/constitutional claims for the same conduct. Meanwhile, the First, Second, Third and Seventh Circuits have all held that Title IX preempts these claims.  For this reason, it is important that the Supreme Court make a ruling on this issue.


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