''Gonzaga University v. Doe'', 536 U.S. 273 (2002), was a case in which the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

ruled that the

Family Educational Rights and Privacy Act of 1974 The Family Educational Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment) is a United States federal law that governs the access to educational information and records by public entities such as potential employers, publicly funded e ...

, which prohibits the federal government from funding educational institutions that release education records to unauthorized persons, does not create a right which is enforceable under 42 U.S.C. § 1983..

Background

Gonzaga University Gonzaga University (GU) () is a private Jesuit university in Spokane, Washington. It is accredited by the Northwest Commission on Colleges and Universities. Founded in 1887 by Joseph Cataldo, an Italian-born priest and Jesuit missionary, the univ ...

undergraduate sued the school and teacher Roberta League under 42 U.S.C. § 1983, alleging a violation of the

. The student was planning to become an

elementary Elementary may refer to: Arts, entertainment, and media Music * ''Elementary'' (Cindy Morgan album), 2001 * ''Elementary'' (The End album), 2007 * ''Elementary'', a Melvin "Wah-Wah Watson" Ragin album, 1977 Other uses in arts, entertainment, an ...

teacher upon graduation, and under

Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...

State Law, all new teachers required an

affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...

good moral character Good moral character is an ideal state of a person's beliefs and values that is considered most beneficial to society. In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluatin ...

from their graduating college. The teacher in charge of certifying such affidavits, League, overheard a student conversation discussing sexual misconduct by the undergraduate student. Subsequently, League launched an investigation into the matter, and refused to certify the student's necessary affidavit of good moral character. The student sued, claiming a violation of his confidentiality rights.

Decision of The United States Supreme Court

In a 7–2 decision for Gonzaga University,

Chief Justice Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the Supreme Court of the United States, U.S. Supreme Court for 33 years, first as an Associate justice of the Supreme Court of ...

wrote the majority opinion for the court. The

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

held that Family Educational Rights and Privacy Act's nondisclosure provisions created no personal rights to enforce under 42 U.S.C. § 1983. The Family Educational Rights and Privacy Act prohibits "the federal funding of educational institutions that have a policy or practice of releasing education records to unauthorized persons". 536 U.S. at 276. The court reasoned that this does not grant any personal rights to enforce under the civil rights provisions of § 1983, since the

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

only addresses federal funding.

References

External links

* United States Supreme Court cases Gonzaga University United States Supreme Court cases of the Rehnquist Court Second Enforcement Act of 1871 case law 2002 in United States case law United States education case law Higher education case law {{SCOTUS-case-stub

Background

Decision of The United States Supreme Court

See also

References

External links