gebseret
al
lago
vista
independent
school
district
argued
march
decided
june
held
damages
may
recovered
sexual
harassment
implied
private
action
title
ix
unless
school
district
official
minimum
authority
institute
corrective
measures
district
behalf
actual
notice
deliberately
indifferent
teacher
misconduct
pp
express
statutory
means
enforcing
title
ix
administrative
statute
directs
federal
agencies
distribute
education
funding
establish
requirements
furtherance
nondis
crimination
mandate
allows
agencies
enforce
requirements
including
ultimately
suspending
terminating
federal
funding
held
cannon
university
chicago
title
ix
also
enforceable
implied
private
right
action
franklin
gwinnett
county
public
schools
established
monetary
damages
available
action
made
effort
delimit
circumstances
remedy
lie
petitioners
relying
standards
developed
context
title
vii
contend
damages
available
implied
action
title
ix
based
principles
respondeat
superior
constructive
notice
without
actual
notice
officials
discrimination
school
programs
whether
educational
institution
said
violate
title
ix
based
principles
respondeat
superior
constructive
notice
resolved
decisions
case
moreover
petitioners
seek
damages
based
theories
respondeat
superior
constructive
notice
unlike
title
ix
title
vii
contains
express
cause
action
damages
remedy
title
ix
private
action
judicially
implied
however
contains
legislative
expression
scope
available
remedies
pp
private
right
action
judicially
implied
must
infer
congress
addressed
issue
monetary
damages
action
expressly
included
title
ix
appear
congress
contemplated
unlimited
damages
funding
recipient
unaware
discrimination
programs
title
ix
enacted
principal
civil
rights
statutes
containing
express
right
action
allow
monetary
damages
title
vii
amended
allow
damages
congress
limited
amount
recoverable
individual
case
title
ix
modeled
title
vi
civil
rights
act
prohibits
race
discrimination
programs
receiving
federal
funds
statutes
condition
federal
funding
recipient
promise
discriminate
amounts
essentially
contract
government
recipient
contrast
title
vii
framed
outright
prohibition
title
ix
contractual
nature
implications
construction
scope
available
remedies
congress
conditions
award
federal
funds
spending
power
closely
examines
propriety
private
actions
holding
recipients
liable
damages
violating
condition
sensible
assume
congress
envision
recipient
liability
damages
recipient
unaware
discrimination
title
ix
contains
important
clues
congress
intent
title
ix
express
means
enforcement
requires
actual
notice
offi
cials
funding
recipient
opportunity
voluntary
compliance
administrative
enforcement
proceedings
commence
presumable
purpose
avoid
diverting
education
funding
beneficial
uses
recipient
unaware
discrimination
programs
willing
institute
prompt
corrective
measures
allowing
recovery
damages
based
principles
respondeat
superior
constructive
notice
cases
sexual
harassment
odds
basic
objective
liability
attach
even
though
district
actual
knowledge
teacher
conduct
opportunity
take
action
end
harassment
unsound
statute
express
enforcement
system
require
notice
opportunity
comply
judicially
implied
system
permits
substantial
potentially
award
exceeding
recipient
federal
funding
levelwithout
regard
either
requirement
pp
absent
direction
congress
implied
damages
remedy
fashioned
along
lines
express
remedial
scheme
thus
damages
remedy
lie
unless
official
minimum
authority
address
alleged
discrimination
institute
corrective
measures
recipient
behalf
actual
knowledge
discrimination
fails
adequately
respond
moreover
response
must
amount
deliberate
indifference
discrimination
line
premise
statute
administrative
enforcement
scheme
official
decision
recipient
remedy
violation
applying
framework
case
fairly
straightforward
petitioners
contend
prevail
actual
notice
standard
lago
vista
alleged
failure
comply
federal
regulations
requiring
promulgate
publicize
effective
policy
grievance
procedure
sexual
harassment
claims
establish
requisite
actual
notice
deliberate
indifference
failure
promulgate
grievance
procedure
constitute
discrimination
violation
title
ix
pp
affirmed
delivered
opinion
rehnquist
scalia
kennedy
thomas
joined
stevens
filed
dissenting
opinion
souter
ginsburg
breyer
joined
ginsburg
filed
dissenting
opinion
souter
breyer
joined
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
alida
star
gebser
alida
jean
lough
petitioners
lago
vista
independent
school
district
writ
certiorari
appeals
fifth
circuit
june
justice
delivered
opinion
question
case
school
district
may
held
liable
damages
implied
right
action
title
ix
education
amendments
stat
amended
et
seq
title
ix
sexual
harassment
student
one
district
teachers
conclude
damages
may
recovered
circumstances
unless
official
school
district
minimum
authority
institute
corrective
measures
district
behalf
actual
notice
deliberately
indifferent
teacher
misconduct
spring
petitioner
alida
star
gebser
student
middle
school
respondent
lago
vista
independent
school
district
lago
vista
joined
high
school
book
discussion
group
led
frank
waldrop
teacher
lago
vista
high
school
lago
vista
received
federal
funds
pertinent
times
book
discussion
sessions
waldrop
often
made
sexually
suggestive
comments
students
gebser
entered
high
school
fall
assigned
classes
taught
waldrop
semesters
waldrop
continued
make
inappropriate
remarks
students
began
direct
suggestive
comments
toward
gebser
including
substantial
amount
time
two
alone
classroom
initiated
sexual
contact
gebser
spring
visiting
home
ostensibly
give
book
kissed
fondled
two
sexual
intercourse
number
occasions
remainder
school
year
relationship
continued
summer
following
school
year
often
intercourse
class
time
although
never
school
property
gebser
report
relationship
school
officials
testifying
realized
waldrop
conduct
improper
uncertain
react
wanted
continue
teacher
october
parents
two
students
complained
high
school
principal
waldrop
comments
class
principal
arranged
meeting
according
principal
waldrop
indicated
believe
made
offensive
remarks
apologized
parents
said
happen
principal
also
advised
waldrop
careful
classroom
comments
told
school
guidance
counselor
meeting
report
parents
complaint
lago
vista
superintendent
district
title
ix
coordinator
couple
months
later
january
police
officer
discovered
waldrop
gebser
engaging
sexual
intercourse
arrested
waldrop
lago
vista
terminated
employment
subsequently
texas
education
agency
revoked
teaching
license
time
district
promulgated
distributed
official
grievance
procedure
lodging
sexual
harassment
complaints
issued
formal
antiharassment
policy
gebser
mother
filed
suit
lago
vista
waldrop
state
november
raising
claims
school
district
title
ix
rev
stat
state
negligence
law
claims
waldrop
primarily
state
law
sought
compensatory
punitive
damages
defendants
case
removed
district
western
district
texas
granted
summary
judgment
favor
lago
vista
claims
remanded
allegations
waldrop
state
rejecting
title
ix
claim
school
district
reasoned
statute
enacted
counter
policies
discrimination
federally
funded
education
programs
nly
school
administrators
type
notice
gender
discrimination
fail
respond
good
faith
discrimination
interpreted
policy
school
district
app
pet
cert
determined
parents
complaint
principal
concerning
waldrop
comments
class
one
lago
vista
received
waldrop
evidence
inadequate
raise
genuine
issue
whether
school
district
actual
constructive
notice
waldrop
involved
sexual
relationship
student
petitioners
appealed
title
ix
claim
appeals
fifth
circuit
affirmed
doe
lago
vista
independent
school
relying
large
part
two
recent
decisions
rosa
san
elizario
independent
school
dist
canutillo
independent
school
dist
leija
cert
denied
first
declined
impose
strict
liability
school
districts
teacher
sexual
harass
ment
student
reiterating
conclusion
leija
strict
liability
inconsistent
title
ix
contract
internal
quotation
marks
omitted
determined
lago
vista
liable
basis
constructive
notice
finding
insufficient
evidence
suggest
school
official
known
waldrop
relationship
gebser
ibid
finally
refused
invoke
common
law
principle
holds
employer
vicariously
liable
employee
aided
accomplishing
tort
existence
agency
relation
restatement
second
agency
hereinafter
restatement
explaining
application
principle
result
school
district
liability
essentially
every
case
harassment
concluded
analysis
reaffirming
holding
rosa
school
districts
liable
tort
sexual
harassment
title
ix
unless
employee
invested
school
board
supervisory
power
offending
employee
actually
knew
abuse
power
end
abuse
failed
ruling
petitioners
satisfy
standard
fifth
circuit
analysis
represents
one
varying
approaches
adopted
courts
appeals
assessing
school
district
liability
title
ix
teacher
sexual
harassment
student
see
smith
metropolitan
school
dist
perry
twp
kracunas
iona
college
doe
claiborne
county
kinman
omaha
public
school
dist
granted
certiorari
address
issue
affirm
ii
title
ix
provides
pertinent
part
person
shall
basis
sex
excluded
participation
denied
benefits
subjected
discrimination
education
program
activity
receiving
federal
financial
assistance
express
statutory
means
enforcement
administrative
statute
directs
federal
agencies
distribute
education
funding
establish
requirements
effectuate
nondiscrimination
mandate
permits
agencies
enforce
requirements
means
authorized
law
including
ultimately
termination
federal
funding
held
cannon
university
chicago
title
ix
also
enforceable
implied
private
right
action
conclusion
revisit
subsequently
established
franklin
gwinnett
county
public
schools
monetary
damages
available
implied
private
action
franklin
high
school
student
alleged
teacher
sexually
abused
repeated
occasions
teachers
school
administrators
knew
harassment
took
action
even
point
dissuading
initiating
charges
see
lower
courts
dismissed
franklin
complaint
school
district
ground
implied
right
action
title
ix
categorical
matter
encompass
recovery
damages
reversed
lower
courts
blanket
rule
concluding
title
ix
supports
private
action
damages
least
case
intentional
discrimination
alleged
see
franklin
thereby
establishes
school
district
held
liable
damages
cases
involving
teacher
sexual
harassment
student
decision
however
purport
define
contours
liability
face
issue
squarely
case
petitioners
joined
amicus
curiae
invoke
standards
used
courts
appeals
title
vii
cases
involving
supervisor
sexual
harassment
employee
workplace
support
approach
point
passage
franklin
stated
unquestionably
title
ix
placed
gwinnett
county
public
schools
duty
discriminate
basis
sex
supervisor
sexually
harasses
subordinate
subordinate
sex
supervisor
discriminate
basis
sex
meritor
sav
bank
fsb
vinson
believe
rule
apply
teacher
sexually
harasses
abuses
student
franklin
supra
meritor
savings
bank
fsb
vinson
directs
courts
look
agency
principles
assessing
employer
liability
title
vii
sexual
harassment
employee
supervisor
see
petitioners
submit
light
franklin
comparison
harassment
harassment
agency
principles
likewise
apply
title
ix
actions
specifically
advance
two
possible
standards
lago
vista
liable
waldrop
conduct
first
relying
policy
guidance
issued
department
education
hold
school
district
liable
damages
title
ix
teacher
carrying
sexual
harassment
students
position
authority
institution
irrespective
whether
school
district
officials
knowledge
harassment
irrespective
response
upon
becoming
aware
brief
petitioners
quoting
dept
education
office
civil
rights
sexual
harassment
policy
guidance
fed
reg
policy
guidance
brief
amicus
curiae
rule
expression
respondeat
superior
liability
vicarious
imputed
liability
see
restatement
recovery
damages
school
district
generally
follow
whenever
teacher
authority
student
facilitates
harassment
second
petitioners
submit
school
district
minimum
liable
damages
based
theory
constructive
notice
district
knew
known
harassment
failed
uncover
eliminate
brief
petitioners
brief
amicus
curiae
see
restatement
standards
allow
damages
recovery
broader
range
situations
rule
adopted
appeals
hinges
actual
knowledge
school
official
authority
end
harassment
whether
educational
institutions
said
violate
title
ix
based
solely
principles
respondeat
superior
constructive
notice
resolved
franklin
citation
meritor
reference
meritor
made
regard
general
proposition
sexual
harassment
constitute
discrimination
basis
sex
title
ix
see
oncale
sundowner
offshore
services
slip
issue
dispute
fact
school
district
liability
franklin
necessarily
turn
principles
imputed
liability
constructive
notice
evidence
school
officials
knew
harassment
took
action
stop
see
moreover
meritor
rationale
concluding
agency
principles
guide
liability
inquiry
title
vii
rests
aspect
statute
found
title
ix
title
vii
prohibition
employment
discrimination
runs
employer
explicitly
defines
employer
include
agent
see
meritor
supra
title
ix
contains
comparable
reference
educational
institution
agents
expressly
call
application
agency
principles
case
moreover
petitioners
seek
establish
title
ix
violation
recover
damages
based
theories
respondeat
superior
constructive
notice
aspect
action
view
critical
resolving
case
unlike
title
ix
title
vii
contains
express
cause
action
specifically
provides
relief
form
monetary
damages
congress
therefore
directly
addressed
subject
damages
relief
title
vii
set
particular
situations
damages
available
well
maximum
amounts
recoverable
respect
title
ix
however
private
right
action
judicially
implied
see
cannon
thus
legislative
expression
scope
available
remedies
including
appropriate
award
monetary
damages
addition
although
general
presumption
courts
award
appropriate
relief
established
cause
action
bell
hood
coupled
congress
abrogation
eleventh
amendment
immunity
title
ix
see
led
us
conclude
franklin
title
ix
recognizes
damages
remedy
see
scalia
concurring
judgment
response
lower
decisions
holding
title
ix
support
damages
relief
made
effort
franklin
delimit
circumstances
damages
remedy
lie
iii
private
right
action
title
ix
judicially
implied
measure
latitude
shape
sensible
remedial
scheme
best
comports
statute
see
musick
peeler
garrett
employers
ins
wausau
virginia
bankshares
sandberg
endeavor
inherently
entails
degree
speculation
since
addresses
issue
congress
specifically
spoken
see
lampf
pleva
lipkind
pru
pis
petigrow
gilbertson
guide
analysis
generally
examine
relevant
statute
ensure
fashion
parameters
implied
right
manner
odds
statutory
structure
purpose
see
musick
peeler
thomas
dissenting
virginia
bankshares
supra
considerations
think
pertinent
scope
implied
right
also
scope
available
remedies
see
transamerica
mortgage
advisors
lewis
see
also
franklin
supra
scalia
concurring
judgment
suggested
much
franklin
recognized
general
rule
appropriate
relief
available
action
brought
vindicate
federal
right
indicated
rule
must
reconciled
congressional
purpose
general
rule
yields
necessary
carry
intent
congress
avoid
frustrating
purposes
statute
involved
guardians
assn
civil
serv
new
york
city
opinion
white
cannon
private
remedy
implied
frustrate
underlying
purpose
legislative
scheme
applying
principles
conclude
frustrate
purposes
title
ix
permit
damages
recovery
school
district
teacher
sexual
harassment
student
based
principles
respondeat
superior
constructive
notice
without
actual
notice
school
district
official
congress
expressly
create
private
right
action
title
ix
statutory
text
shed
light
congress
intent
respect
scope
available
remedies
franklin
scalia
concurring
judgment
instead
attempt
infer
congress
addressed
issue
action
included
express
provision
statute
central
bank
denver
first
interstate
bank
denver
see
musick
peeler
supra
north
bd
ed
bell
general
matter
appear
congress
contemplated
unlimited
recovery
damages
funding
recipient
recipient
unaware
discrimination
programs
title
ix
enacted
principal
civil
rights
statutes
containing
express
right
action
provide
recovery
monetary
damages
instead
allowing
injunctive
equitable
relief
see
ed
supp
ii
congress
made
damages
available
title
vii
even
congress
carefully
limited
amount
recoverable
individual
case
calibrating
maximum
recovery
size
employer
see
adopting
petitioners
position
amount
allowing
unlimited
recovery
damages
title
ix
congress
spoken
subject
either
right
remedy
face
evidence
congress
expressly
considered
title
vii
restricted
amount
damages
available
congress
enacted
title
ix
two
principal
objectives
mind
avoid
use
federal
resources
support
discriminatory
practices
provide
individual
citizens
effective
protection
practices
cannon
supra
statute
modeled
title
vi
civil
rights
act
see
grove
city
college
bell
parallel
title
ix
except
prohibits
race
discrimination
sex
discrimination
applies
programs
receiving
federal
funds
education
programs
see
et
seq
two
statutes
operate
manner
conditioning
offer
fed
eral
funding
promise
recipient
discriminate
amounts
essentially
contract
government
recipient
funds
see
guardians
opinion
white
powell
concurring
judgment
pennhurst
state
school
hospital
halderman
contractual
framework
distinguishes
title
ix
title
vii
framed
terms
condition
outright
prohibition
title
vii
applies
employers
without
regard
federal
funding
aims
broadly
eradicat
discrimination
throughout
economy
landgraf
usi
film
products
internal
quotation
marks
omitted
title
vii
moreover
seeks
make
persons
whole
injuries
suffered
past
discrimination
ibid
internal
quotation
marks
omitted
thus
whereas
title
vii
aims
centrally
compensate
victims
discrimination
title
ix
focuses
protecting
individuals
discriminatory
practices
carried
recipients
federal
funds
cannon
supra
might
explain
first
recognized
implied
right
title
ix
cannon
opinion
referred
injunctive
equitable
relief
private
action
see
damages
remedy
title
ix
contractual
nature
implications
construction
scope
available
remedies
congress
attaches
conditions
award
federal
funds
spending
power
art
cl
title
ix
title
vi
examine
closely
propriety
private
actions
holding
recipient
liable
monetary
damages
noncompliance
condition
see
franklin
guardians
supra
white
see
generally
pennhurst
supra
central
concern
regard
ensuring
receiving
entity
federal
funds
notice
liable
monetary
award
franklin
supra
justice
white
opinion
announcing
judgment
guardians
assn
civil
serv
new
york
city
instance
concluded
relief
action
title
vi
alleging
unintentional
discrimination
prospective
discrimination
unintentional
surely
obvious
grantee
aware
administering
program
violation
condition
confront
similar
concerns
school
district
liability
teacher
sexual
harassment
rests
principles
constructive
notice
respondeat
superior
likewise
case
recipient
funds
unaware
discrimination
sensible
assume
congress
envision
recipient
liability
damages
situation
see
rosa
school
board
accepted
federal
funds
agreed
discriminate
basis
sex
think
unlikely
agreed
suffer
liability
whenever
employees
discriminate
basis
sex
significantly
title
ix
contains
important
clues
congress
intend
allow
recovery
damages
liability
rests
solely
principles
vicarious
liability
constructive
notice
title
ix
express
means
administrative
assumption
actual
notice
officials
funding
recipient
statute
entitles
agencies
disburse
education
funding
enforce
rules
implementing
nondiscrimination
mandate
proceedings
suspend
terminate
funding
means
authorized
law
significantly
however
agency
may
initiate
enforcement
proceedings
advised
appropriate
person
persons
failure
comply
requirement
determined
compliance
secured
voluntary
means
ibid
administrative
regulations
implement
obligation
requiring
resolution
compliance
issues
formal
means
whenever
possible
cfr
prohibiting
commencement
enforcement
proceedings
agency
determined
voluntary
compliance
unobtainable
recipient
notified
failure
comply
action
taken
effect
compliance
see
event
violation
funding
recipient
may
required
take
remedial
action
deem
ed
necessary
overcome
effects
discrimination
agencies
conditioned
continued
funding
providing
equitable
relief
victim
see
north
reinstatement
employee
regulations
appear
contemplate
condition
ordering
payment
monetary
damages
indication
payment
damages
demanded
condition
finding
recipient
compliance
statute
see
brief
amicus
curiae
franklin
gwinnett
county
school
district
franklin
instance
department
education
found
violation
title
ix
determined
school
district
came
compliance
virtue
offending
teacher
resignation
district
institution
grievance
procedure
sexual
harassment
complaints
presumably
central
purpose
requiring
notice
violation
appropriate
person
opportunity
voluntary
compliance
administrative
enforcement
proceedings
commence
avoid
diverting
education
funding
beneficial
uses
recipient
unaware
discrimination
programs
willing
institute
prompt
corrective
measures
scope
private
damages
relief
proposed
petitioners
odds
basic
objective
teacher
sexual
harassment
imputed
school
district
school
district
deemed
constructively
known
teacher
harassment
assumption
district
actual
knowledge
teacher
conduct
course
district
opportunity
take
action
end
harassment
limit
harassment
unsound
think
statute
express
system
enforcement
require
notice
recipient
opportunity
come
voluntary
compliance
judicially
implied
system
enforcement
permits
substantial
liability
without
regard
recipient
knowledge
corrective
actions
upon
receiving
notice
central
bank
denver
first
interstate
bank
denver
impute
congress
intention
expand
plaintiff
class
judicially
implied
cause
action
beyond
bounds
delineated
comparable
express
causes
action
quoting
blue
chip
stamps
manor
drug
stores
moreover
award
damages
particular
case
might
well
exceed
recipient
level
federal
funding
see
tr
oral
arg
lago
vista
federal
funding
roughly
statute
express
enforcement
scheme
hinges
severe
sanction
notice
unsuccessful
efforts
obtain
compliance
attribute
congress
intention
implied
enforcement
scheme
allows
imposition
greater
liability
without
comparable
conditions
iv
express
remedial
scheme
title
ix
predicated
upon
notice
appropriate
person
opportunity
rectify
violation
conclude
absence
direction
congress
implied
damages
remedy
fashioned
along
lines
appropriate
person
minimum
official
recipient
entity
authority
take
corrective
action
end
discrimination
consequently
cases
like
one
involve
official
policy
recipient
entity
hold
damages
remedy
lie
title
ix
unless
official
minimum
authority
address
alleged
discrimination
institute
corrective
measures
recipient
behalf
actual
knowledge
discrimination
recipient
programs
fails
adequately
respond
think
moreover
response
must
amount
deliberate
indifference
discrimination
administrative
enforcement
scheme
presupposes
official
advised
title
ix
violation
refuses
take
action
bring
recipient
compliance
premise
words
official
decision
recipient
remedy
violation
framework
finds
rough
parallel
standard
deliberate
indifference
lower
standard
risk
recipient
liable
damages
official
decision
instead
employees
independent
actions
comparable
considerations
led
adoption
deliberate
indifference
standard
claims
alleging
municipality
actions
failing
prevent
deprivation
federal
rights
cause
violation
see
board
bryan
cty
brown
canton
harris
see
also
collins
harker
heights
applying
framework
case
fairly
straightforward
petitioners
contend
prevail
actual
notice
standard
official
alleged
information
waldrop
misconduct
high
school
principal
information
however
consisted
complaint
parents
students
charging
waldrop
made
inappropriate
comments
class
plainly
insufficient
alert
principal
possibility
waldrop
involved
sexual
relationship
student
lago
vista
moreover
terminated
waldrop
employment
upon
learning
relationship
gebser
justice
stevens
points
dissenting
opinion
waldrop
course
knowledge
actions
see
post
school
district
liability
rests
actual
notice
principles
however
knowledge
wrongdoer
pertinent
analysis
see
restatement
petitioners
focus
primarily
lago
vista
asserted
failure
promulgate
publicize
effective
policy
grievance
procedure
sexual
harassment
claims
point
department
education
regulations
requiring
funding
recipient
adopt
publish
grievance
procedures
providing
prompt
equitable
resolution
discrimination
complaints
cfr
notify
students
others
discriminate
basis
sex
educational
programs
activities
operates
lago
vista
alleged
failure
comply
regulations
however
establish
requisite
actual
notice
deliberate
indifference
event
failure
promulgate
grievance
procedure
constitute
discrimination
title
ix
course
department
education
enforce
requirement
administratively
agencies
generally
authority
promulgate
enforce
requirements
effectuate
statute
nondiscrimination
mandate
even
requirements
purport
represent
definition
discrimination
statute
grove
city
permitting
administrative
enforcement
regulation
requiring
college
execute
assurance
compliance
title
ix
never
held
however
implied
private
right
action
title
ix
allows
recovery
damages
violation
sorts
administrative
requirements
number
reported
cases
involving
sexual
harass
ment
students
schools
confirms
harassment
unfortunately
common
aspect
educational
experience
one
questions
student
suffers
extraordinary
harm
subjected
sexual
harassment
abuse
teacher
teacher
conduct
reprehensible
undermines
basic
purposes
educational
system
issue
case
however
whether
independent
misconduct
teacher
attributable
school
district
employs
specific
federal
statute
designed
primarily
prevent
recipients
federal
financial
assistance
using
funds
discriminatory
manner
decision
affect
right
recovery
individual
may
school
district
matter
state
law
teacher
individual
capacity
state
law
congress
speaks
directly
subject
however
hold
school
district
liable
damages
title
ix
teacher
sexual
harassment
student
absent
actual
notice
deliberate
indifference
therefore
affirm
judgment
appeals
ordered
alida
star
gebser
alida
jean
lough
petitioners
lago
vista
independent
school
district
writ
certiorari
appeals
fifth
circuit
june
justice
stevens
justice
souter
justice
ginsburg
justice
breyer
join
dissenting
question
petition
certiorari
asks
us
address
whether
lago
vista
independent
school
district
respondent
liable
damages
violation
title
ix
education
amendments
et
seq
title
ix
provides
us
negative
answer
question
respondent
actual
notice
deliberately
indifferent
odious
misconduct
one
teachers
basis
decision
majority
relies
heavily
notion
private
cause
action
title
ix
judicially
implied
measure
latitude
use
judgment
shaping
remedial
scheme
see
ante
assertion
lawmaking
authority
faithful
either
precedents
duty
interpret
rather
revise
congressional
commands
moreover
majority
policy
judgment
appropriate
remedy
case
thwarts
purposes
title
ix
important
emphasize
cannon
univer
sity
chicago
confronted
question
statutory
construction
decision
represented
considered
judgment
intent
congress
enacted
title
ix
noting
title
ix
patterned
title
vi
civil
rights
act
interpreted
include
private
right
action
concluded
congress
intended
authorize
private
enforcement
title
ix
see
also
id
doubt
congress
intended
create
title
ix
remedies
comparable
available
title
vi
understood
title
vi
authorizing
implied
private
cause
action
victims
prohibited
discrimination
long
intent
congress
clear
implicit
command
legal
force
one
explicit
fact
statute
authorize
particular
remedy
many
words
significant
fact
terms
authorize
execution
issue
judgment
recovered
statute
deckert
independence
shares
franklin
gwinnett
county
public
schools
unanimously
concluded
title
ix
authorized
high
school
student
sexually
harassed
sports
recover
damages
school
district
conclusion
supported
two
considerations
opinion
justice
white
first
relied
presumption
congress
intends
authorize
appropriate
remedies
unless
expressly
indicates
otherwise
noted
two
amendments
title
ix
enacted
sion
cannon
validated
cannon
holding
supported
conclusion
congress
intend
limit
remedies
available
suit
brought
title
ix
justice
scalia
concurring
judgment
agreed
congress
amendment
title
ix
eliminate
eleventh
amendment
immunity
see
must
read
validation
cannon
holding
ante
also
implicit
acknowledgment
damages
available
constructions
statute
accepted
congress
unchallenged
legal
effect
private
cause
action
seeking
damages
explicitly
rather
implicitly
authorized
congress
therefore
seek
guidance
text
statute
settled
legal
principles
rather
views
sound
policy
ii
already
noted
text
title
ix
accorded
sweep
broad
language
north
bd
ed
bell
quoting
price
sweep
broad
indeed
person
shall
basis
sex
subjected
discrimination
education
program
activity
receiving
federal
financial
assistance
judge
rovner
correctly
observed
use
passive
verbs
title
ix
focusing
victim
discrimination
rather
particular
wrongdoer
gives
statute
broader
coverage
title
vii
see
smith
metropolitan
school
dist
perry
twp
dis
senting
opinion
moreover
respondent
assumed
statutory
duty
set
title
ix
part
consideration
receipt
federal
funds
duty
constitutes
affirmative
undertaking
significant
mere
promise
obey
law
considerations
reflected
decision
franklin
explaining
title
ix
violated
teacher
sexually
abuses
student
wrote
unquestionably
title
ix
placed
gwinnett
county
public
schools
duty
discriminate
basis
sex
supervisor
sexually
harasses
subordinate
subordinate
sex
supervisor
discriminate
franklin
therefore
stands
proposition
sexual
harassment
student
teacher
violates
dutyassumed
school
district
exchange
federal
discriminate
basis
sex
student
may
recover
damages
school
district
violation
although
opinion
announces
today
entirely
clear
purport
overrule
franklin
see
ante
franklin
thereby
establishes
school
district
held
liable
damages
cases
involving
teacher
sexual
harassment
student
moreover
understand
question
conclusion
intentional
violation
title
ix
type
recognized
franklin
alleged
case
freshman
sophomore
years
high
school
petitioner
alida
star
gebser
repeatedly
subjected
sexual
abuse
teacher
frank
waldrop
met
eighth
grade
joined
high
school
book
discussion
group
waldrop
conduct
surely
intentional
occurred
part
curriculum
activity
wielded
authority
gebser
delegated
respondent
moreover
undisputed
activity
subsidized
part
federal
moneys
nevertheless
holds
law
provide
damages
remedy
title
ix
violation
alleged
case
official
school
district
authority
institute
corrective
measures
district
behalf
actual
notice
waldrop
misconduct
ante
holding
odds
settled
principles
agency
law
district
responsible
waldrop
misconduct
aided
accomplishing
tort
existence
agency
relation
restatement
second
agency
case
presents
paradigmatic
example
tort
made
possible
effected
repeated
prolonged
period
powerful
influence
waldrop
gebser
reason
authority
employer
school
district
delegated
secondary
school
teacher
waldrop
exercised
even
greater
authority
control
students
employers
supervisors
exercise
employees
gross
misuse
authority
allowed
abuse
young
student
trust
reliance
principle
set
restatement
comports
relevant
agency
interpretation
title
ix
department
education
office
civil
rights
recently
issued
policy
guidance
stating
school
district
liable
title
ix
one
teachers
aided
carrying
sexual
harassment
students
position
authority
institution
dept
office
civil
rights
sexual
harassment
guidance
harassment
students
school
employees
students
third
parties
fed
reg
agency
charged
administering
enforcing
title
ix
see
department
education
special
interest
ensuring
federal
funds
used
contravention
title
ix
mandate
therefore
significant
department
interpretation
statute
wholly
supports
conclusion
respondent
liable
damages
waldrop
sexual
abuse
student
made
possible
waldrop
affirmative
misuse
authority
teacher
reason
common
law
imposes
liability
principal
circumstances
reason
congress
included
prohibition
discrimination
basis
sex
title
ix
induce
school
boards
adopt
enforce
practices
minimize
danger
vulnerable
students
exposed
odious
behavior
rule
crafted
creates
opposite
incentive
long
school
boards
insulate
knowledge
sort
conduct
claim
immunity
damages
liability
indeed
rule
adopts
preclude
damages
remedy
even
every
teacher
school
knew
harassment
authority
institute
corrective
measures
district
behalf
ante
function
determine
whether
newly
fashioned
rule
wiser
established
rule
proper
however
suggest
bears
burden
justifying
rather
dramatic
departure
settled
law
explain
opinion
fails
shoulder
burden
iii
advances
several
reasons
trate
purposes
title
ix
allow
recovery
school
district
actual
notice
teacher
sexual
harassment
student
ante
acknowledges
however
two
principal
purposes
motivated
enactment
title
ix
avoid
use
federal
resources
support
discriminatory
practices
provide
individual
citizens
effective
protection
practices
ante
quoting
cannon
seems
quite
obvious
purposes
providing
damages
remedy
case
kind
extent
reasons
policy
choice
merit
suggest
damages
ever
awarded
title
ix
words
unanimous
holding
franklin
repudiated
first
observes
time
title
ix
enacted
principal
civil
rights
statutes
containing
express
right
action
provide
recovery
monetary
damages
ante
franklin
however
forecloses
reevaluation
legislative
intent
case
evaluate
state
law
legislature
passed
title
ix
concluded
contextual
approach
used
justify
implied
right
action
amply
demonstrates
lack
legislative
intent
abandon
traditional
presumption
favor
available
remedies
id
also
suggests
fact
congress
imposed
ceiling
amount
damages
may
recovered
title
vii
cases
see
somehow
relevant
question
whether
damages
may
awarded
title
ix
case
ante
short
answer
creative
argument
title
vii
ceiling
bearing
damages
may
recovered
defendant
title
ix
case
moreover
case
present
issue
concerning
amount
possible
damages
award
second
suggests
school
district
fair
notice
accepted
federal
funding
might
held
liable
monetary
award
title
ix
ante
quoting
franklin
mean
however
respondent
notice
sexual
harassment
student
teacher
constitutes
intentional
violation
title
ix
damages
available
held
shortly
waldrop
began
abusing
gebser
see
id
given
fact
holding
franklin
unanimous
unreasonable
assume
foreseen
counsel
recipients
title
ix
funds
moreover
nondiscrimination
requirement
set
title
ix
clear
held
sexual
harassment
constitutes
intentional
sex
discrimination
long
sexual
abuse
case
began
see
meritor
normally
course
presume
citizen
knowledge
law
majority
nevertheless
takes
position
school
district
accepts
federal
funds
title
ix
held
liable
damages
intentional
violation
statute
district
unaware
discrimination
ante
reasons
administrative
proceedings
terminate
funding
commenced
grant
ent
received
notice
noncompliance
agency
determines
voluntary
compliance
possible
see
damages
liability
unless
grant
recipient
actual
notice
violation
thus
opportunity
end
harassment
see
ante
fact
congress
specified
particular
administrative
procedure
followed
subsidy
terminated
however
illuminate
question
victim
discrimination
basis
sex
must
prove
order
recover
damages
implied
private
right
action
indeed
franklin
noted
department
education
office
civil
rights
declined
terminate
federal
funding
school
district
finding
title
ix
violation
district
come
compliance
title
ix
harassment
issue
see
ante
fact
affect
analysis
much
less
persuade
damages
remedy
unavailable
cf
cannon
fact
provisions
complex
statutory
scheme
create
express
remedies
accepted
sufficient
reason
refusing
imply
otherwise
appropriate
remedy
separate
section
majority
inappropriate
reliance
title
ix
administrative
enforcement
scheme
limit
availability
damages
remedy
leads
require
actual
knowledge
part
official
minimum
authority
address
alleged
discrimination
institute
corrective
measures
recipient
behalf
also
official
refus
al
take
action
deliberate
indifference
toward
harassment
ante
presumably
title
ix
plaintiffs
victims
intentional
discrimination
able
recover
damages
exceedingly
high
standard
fails
recognize
holding
virtually
render
inutile
causes
action
authorized
congress
decision
remedy
available
franklin
iv
presented
question
concerning
affirmative
defenses
might
eliminate
mitigate
recovery
damages
title
ix
violation
argued
example
school
district
adopted
vigorously
enforced
policy
designed
prevent
sexual
harassment
redress
harms
conduct
may
produce
exonerated
damages
liability
secretary
education
promulgated
regulations
directing
grant
recipients
adopt
policies
disseminate
students
rule
providing
affirmative
defense
districts
adopt
publish
policies
pursuant
regulations
likely
helpful
respondent
however
clear
whether
respondent
adopted
policy
evidence
policy
made
available
students
required
regulation
theme
seems
underlie
opinion
concern
holding
school
district
liable
damages
might
deprive
benefit
federal
damages
remedy
somehow
onerous
possible
termination
federal
grant
see
ante
stating
award
damages
particular
case
might
well
exceed
recipient
level
federal
funding
possible
course
cases
recoverable
damages
either
title
ix
action
statelaw
tort
action
exceed
amount
federal
grant
surely
relevant
question
whether
school
district
injured
student
bear
risk
risk
district
student
insure
clear
rules
law
impose
responsibility
principal
misconduct
agents
apply
case
matter
policy
ranks
protection
school
district
purse
tion
immature
high
school
students
rules
provide
students
members
class
whose
special
benefit
congress
enacted
title
ix
policy
choice
faithful
intent
policymaking
branch
government
respectfully
dissent
alida
star
gebser
alida
jean
lough
petitioners
lago
vista
independent
school
district
writ
certiorari
appeals
fifth
circuit
june
justice
ginsburg
justice
souter
justice
breyer
join
dissenting
justice
stevens
opinion
focuses
standard
school
district
liability
harassment
secondary
schools
join
opinion
reserves
question
whether
district
relieved
damages
liability
place
effectively
publicizes
enforces
policy
curtail
redress
injuries
caused
sexual
harassment
ante
think
appropriate
answer
question
reasons
dimensions
claim
determined
plaintiff
allegations
allowable
defenses
pathmarkers
needed
afford
guidance
lower
courts
school
officials
responsible
implementation
title
ix
line
tort
law
doctrine
avoidable
consequences
see
generally
mccormick
law
damages
recognize
affirmative
defense
title
ix
charge
sexual
harassment
effective
policy
reporting
redressing
misconduct
school
districts
subject
title
ix
governance
instructed
secretary
education
install
procedures
prompt
equitable
resolution
complaints
cfr
department
education
office
civil
rights
detailed
elements
effective
grievance
process
specific
reference
sexual
harassment
fed
reg
burden
school
district
show
internal
remedies
adequately
publicized
likely
provided
redress
without
exposing
complainant
undue
risk
effort
expense
regime
extent
plaintiff
unreasonably
failed
avail
school
district
preventive
remedial
measures
consequently
suffered
avoidable
harm
qualify
title
ix
relief
footnotes
explained
title
ix
enacted
critical
language
title
vi
already
construed
creating
private
remedy
always
appropriate
assume
elected
representatives
like
citizens
know
law
case
repeated
references
title
vi
modes
enforcement
especially
justified
presuming
representatives
aware
prior
interpretation
title
vi
interpretation
reflects
intent
respect
title
ix
also
observed
period
enactment
title
vi
enactment
title
ix
consistently
found
implied
cases
much
less
clear
decided
cort
ash
cases
cited
appeals
support
strict
construction
remedial
aspect
statute
course
adhere
strict
approach
followed
recent
cases
evaluation
congressional
action
must
take
account
contemporary
legal
contest
sum
appropriate
also
realistic
presume
congress
thoroughly
familiar
unusually
important
precedents
federal
courts
expected
enactment
interpreted
conformity
id
footnotes
omitted
consolidated
rail
corporation
darrone
unanimously
concluded
comparable
language
statute
prohibiting
discrimination
handicapped
federal
grant
recipients
authorized
private
right
action
recovery
backpay
decision
like
cannon
relied
fact
comparable
language
title
vi
authorized
private
remedy
see
marbury
madison
cranch
example
chief
justice
marshall
observed
government
emphatically
termed
government
laws
men
certainly
cease
deserve
high
appellation
laws
furnish
remedy
violation
vested
legal
right
principle
originated
english
common
law
blackstone
described
general
indisputable
rule
legal
right
also
legal
remedy
suit
action
law
whenever
right
invaded
blackstone
commentaries
see
also
ashby
white
salk
eng
statute
gives
right
common
law
give
remedy
maintain
right
franklin
gwinnett
county
public
schools
see
also
id
disregard
command
statute
wrongful
act
results
damage
one
class
whose
especial
benefit
statute
enacted
right
recover
damages
party
default
implied
according
doctrine
common
law
quoting
texas
pacific
rigsby
see
rehabilitation
act
amendments
stat
abrogating
eleventh
amendment
immunity
civil
rights
restoration
act
stat
defining
program
activity
broadly
unlike
title
vii
focuses
discriminator
making
unlawful
employer
engage
certain
prohibited
practices
see
title
ix
drafted
perspective
person
discriminated
statute
names
actor
using
passive
verbs
focuses
setting
discrimination
occurred
effect
statute
asks
single
individual
subjected
discrimination
covered
program
activity
title
ix
drafted
includes
actor
necessarily
follows
statute
also
reference
actor
smith
metropolitan
school
dist
perry
twp
rovner
dissenting
see
also
cannon
university
chicago
recognizing
congress
drafted
title
ix
unmistakable
focus
benefited
class
writ
simply
ban
discriminatory
conduct
recipients
federal
funds
prohibition
disbursement
public
funds
educational
institutions
engaged
discriminatory
practices
notes
student
franklin
student
school
administrators
knew
harassment
failed
act
see
ante
franklin
gwinnett
county
schools
franklin
opinion
suggest
however
allegation
relevant
holding
school
district
liable
damages
intentional
violation
title
ix
result
harassment
cf
brief
respondent
important
bear
mind
question
case
whether
school
districts
somehow
violations
title
ix
failure
comply
administrative
procedures
issue
circumstances
school
district
may
compelled
answer
damages
violation
title
ix
implementing
regulations
id
sum
manner
title
ix
phrased
simply
determines
violation
statute
may
occur
whenever
person
discriminated
basis
sex
regardless
school
district
knowledge
discrimination
nothing
language
statute
indicates
school
district
must
respond
damages
every
violation
regardless
knowledge
culpability
see
id
evidence
lago
vista
committed
intentional
violation
title
ix
holding
also
questionable
factual
matter
waldrop
surely
ample
authority
maintain
order
classes
conducted
indeed
routine
part
every
teacher
responsibilities
petitioner
victim
sexually
harassing
conduct
students
classes
surely
teacher
ample
authority
take
corrective
measures
fact
prevent
harassment
petitioner
consequence
lack
lack
authority
suggests
agency
principles
inapplicable
case
title
ix
expressly
refer
agent
title
vii
see
ante
citing
title
ix
focus
protected
class
rather
fund
recipient
fully
explains
statute
failure
mention
agents
recipient
however
see
supra
moreover
meritor
savings
bank
fsb
vinson
viewed
title
vii
reference
agent
limitation
liability
employer
congress
decision
define
include
employer
surely
evinces
intent
place
limits
acts
employees
employers
title
vii
held
responsible
citations
omitted
example
waldrop
first
sexually
abused
gebser
visited
house
pretense
giving
book
needed
school
project
see
app
deposition
star
gebser
gebser
high
school
freshman
stated
terrified
main
teacher
school
discussions
know
gebser
student
attend
waldrop
summer
advanced
placement
course
two
often
sexual
intercourse
time
allotted
class
see
gebser
stated
declined
report
sexual
relationship
blow
whistle
able
person
teacher
anymore
also
stated
waldrop
person
lago
administration
trusted
one
making
complaint
concludes
holding
affect
right
recovery
individual
may
school
district
matter
state
law
teacher
individual
capacity
state
law
ante
case
course
district
denied
petitioner
claim
summary
judgment
undisputed
texas
tort
claims
act
tex
civ
prac
rem
code
ann
immunizes
school
districts
tort
liability
cases
like
one
lower
courts
powerless
control
size
damages
verdicts
see
infra
courts
retain
power
order
remittitur
example
addition
size
jury
verdict
presumably
depend
several
factors
least
school
district
control
example
one
important
factor
might
whether
district
adopted
disseminated
effective
policy
sexual
harassment
see
also
policy
guidance
fed
reg
school
immediate
appropriate
remedial
actions
relevant
determining
nature
extent
damages
suffered
plaintiff
decisions
cites
support
adoption
stringent
standard
cases
arising
quite
different
statute
see
ante
see
brief
national
education
association
amicus
curiae
proposing
affirmative
defense
entity
adopted
implemented
effective
prevention
compliance
program
school
district
must
adopt
publish
grievance
procedures
providing
prompt
equitable
resolution
student
employee
complaints
discrimination
cfr
district
also
must
inform
students
parents
title
ix
antidiscrimination
requirement
factual
questions
remain
respect
whether
respondent
adequate
antidiscrimination
policy
compare
app
affidavit
ix
coordinator
virginia
collier
stating
district
policy
plaintiffs
motion
partial
summary
judgment
record
exh
collier
deposition
stating
district
formal
policy
district
superintendent
stated
remember
handbook
alerting
students
grievance
procedures
disseminated
students
app
collier
deposition
moreover
gebser
stated
known
beginning
supposed
teacher
starts
making
sexual
advances
towards
probably
reported
bewildered
terrified
idea
go
amici
curiae
national
school
boards
association
new
jersey
school
boards
association
point
million
verdict
recent
title
ix
case
see
brief
national
school
boards
association
et
al
amici
curiae
citing
canutillo
independent
school
dist
leija
cert
denied
see
also
brief
tasb
legal
assistance
fund
et
al
amici
curiae
significantly
however
district
judge
case
refused
enter
judgment
verdict
judge
instead
ordered
new
trial
damages
limited
medical
mental
health
treatment
special
education
expenses
see
supp
wd
tex
rev