Gebser v. Lago Vista Independent School Dist., 524 U.S. 274, 12 (1998)

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Cite as: 524 U. S. 274 (1998)

Opinion of the Court

at 77-78 (Scalia, J., concurring in judgment). We suggested as much in Franklin, where we recognized "the general rule that all appropriate relief is available in an action brought to vindicate a federal right," but indicated that the rule must be reconciled with congressional purpose. 503 U. S., at 68. The "general rule," that is, "yields where necessary to carry out the intent of Congress or to avoid frustrating the purposes of the statute involved." Guardians Assn. v. Civil Serv. Comm'n of New York City, 463 U. S. 582, 595 (1983) (opinion of White, J.); cf., Cannon, 441 U. S, at 703 ("[A] private remedy should not be implied if it would frustrate the underlying purpose of the legislative scheme").

Applying those principles here, we conclude that it would "frustrate the purposes" of Title IX to permit a damages recovery against a school district for a teacher's sexual harassment of a student based on principles of respondeat superior or constructive notice, i. e., without actual notice to a school district official. Because Congress did not expressly create a private right of action under Title IX, the statutory text does not shed light on Congress' intent with respect to the scope of available remedies. Franklin, 503 U. S., at 71; id., at 76 (Scalia, J., concurring in judgment). Instead, "we attempt to infer how the [1972] Congress would have addressed the issue had the . . . action been included as an express provision in the" statute. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A., 511 U. S. 164, 178 (1994) (internal quotation marks omitted); see Musick, Peeler, supra, at 294-295; North Haven Bd. of Ed. v. Bell, 456 U. S. 512, 529 (1982).

As a general matter, it does not appear that Congress contemplated unlimited recovery in damages against a funding recipient where the recipient is unaware of discrimination in its programs. When Title IX was enacted in 1972, the principal civil rights statutes containing an express right of action did not provide for recovery of monetary damages at all, instead allowing only injunctive and equitable relief. See 42

285

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