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Syllabus
even though the district had no actual knowledge of the teacher's conduct and no opportunity to take action to end the harassment. It would be unsound for a statute's express enforcement system to require notice and an opportunity to comply while a judicially implied system permits substantial liability—including potentially an award exceeding a recipient's federal funding level—without regard to either requirement. Pp. 284-290.
(c) Absent further direction from Congress, the implied damages remedy should be fashioned along the same lines as the express remedial scheme. Thus, a damages remedy will not lie unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient's behalf has actual knowledge of discrimination and fails adequately to respond. Moreover, the response must amount to deliberate indifference to discrimination, in line with the premise of the statute's administrative enforcement scheme of an official decision by the recipient not to remedy the violation. Applying the framework to this case is fairly straightforward, as petitioners do not contend they can prevail under an actual notice standard. Lago Vista's alleged failure to comply with federal regulations requiring it to promulgate and publicize an effective policy and grievance procedure for sexual harassment claims does not establish the requisite actual notice and deliberate indifference, and the failure to promulgate a grievance procedure does not itself constitute discrimination in violation of Title IX. Pp. 290-292.
106 F. 3d 1223, affirmed.
OTMConnor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, post, p. 293. Ginsburg, J., filed a dissenting opinion, in which Souter and Breyer, JJ., joined, post, p. 306.
Terry L. Weldon argued the cause for petitioners. With him on the briefs were Cynthia L. Estlund and Samuel Issacharoff.
Beth S. Brinkmann argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Wallace, Deputy Assistant Attorney General Pinzler, Dennis J. Dimsey, and Rebecca K. Troth.
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