[Congressional Record Volume 145, Number 9 (Wednesday, January 20, 1999)]
[Extensions of Remarks]
[Page E75]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            STUDENT PROTECTION FROM SEXUAL ABUSE ACT OF 1999

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Tuesday, January 19, 1999

  Ms. NORTON. Mr. Speaker, I introduce the Student Protection from 
Sexual Abuse Act of 1999 today because the U.S. Supreme Court has asked 
for Congressional guidance on whether we intend Title IX to allow 
damages and/or injunctive relief when a 9th grade student is sexually 
assaulted and harassed. Like the four Members of the Supreme Court in 
the closely divided 1998 opinion, Gebser v. Largo Vista School 
District, I believe that Congress intended damages and injunctive 
relief when a child is sexually assaulted by a teacher while in school. 
I agree with Justice Stevens and the dissenting justices, as well as 
the Department of Education, that the Court's own prior rulings and the 
statute itself allows damages without meeting criteria that virtually 
guaranteed no Title IX remedy. The majority of the Court, however, 
concluded that it needed ``further direction from Congress.''
  This bill provides that guidance. I believe that no Member would want 
to be responsible for the bizarre and unacceptable result that sexual 
harassment is now covered when a principal harasses a teacher but not 
when a teacher assaults or harasses an underaged student. I do not 
believe that Congress intends for a school system to be able to 
virtually immunize itself from damages even though a teacher repeatedly 
has had intercourse with a ninth grader. Further, my bill not only 
protects a child and her parents, but the school system as well by 
limiting damages to compensatory damages.
  The Court says it's our fault. Twenty-seven years ago, when Title IX 
was written, Congress did not foresee what we see clearly today: cases 
of teacher-student sexual abuse are arising fast and often. The ball is 
in our court, and this is not child's play. The Supreme Court in the 
Gebser decision has given the Congress a virtual summons to remedy, or, 
if you prefer, to update our own language to correct a glaring child 
abuse gap in our law.
  I ask for bipartisan support on this the Student Protection from 
Sexual Abuse Act of 1999 and for passage this year. The earlier we do 
so, the sooner school systems will take action to prevent sexual abuse 
of children committed to their charge, thus eliminating the need for 
court suits.

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