Cite as: 524 U. S. 274 (1998)
Stevens, J., dissenting
agency law,8 under which the district is responsible for Waldrop's misconduct because "he was aided in accomplishing the tort by the existence of the agency relation." Restatement (Second) of Agency § 219(2)(d) (1957).9 This case presents a paradigmatic example of a tort that was made possible, that was effected, and that was repeated over a prolonged period because of the powerful influence that Wal-drop had over Gebser by reason of the authority that his employer, the school district, had delegated to him. As a secondary school teacher, Waldrop exercised even greater authority and control over his students than employers and supervisors exercise over their employees. His gross misuse of that authority allowed him to abuse his young student's trust.10
8 The Court's holding is also questionable as a factual matter. Waldrop himself surely had ample authority to maintain order in the classes that he conducted. Indeed, that is a routine part of every teacher's responsibilities. If Gebser had been the victim of sexually harassing conduct by other students during those classes, surely the teacher would have had ample authority to take corrective measures. The fact that he did not prevent his own harassment of Gebser is the consequence of his lack of will, not his lack of authority.
9 The Court suggests that agency principles are inapplicable to this case because Title IX does not expressly refer to an "agent," as Title VII does. See ante, at 283 (citing 42 U. S. C. § 2000e(b)). Title IX's focus on the protected class rather than the fund recipient fully explains the statute's failure to mention "agents" of the recipient, however. See n. 5, supra. Moreover, in Meritor Savings Bank, FSB v. Vinson, 477 U. S. 57 (1986), we viewed Title VII's reference to an "agent" as a limitation on the liability of the employer: "Congress' decision to define 'employer' to include any 'agent' of an employer, 42 U. S. C. § 2000e(b), surely evinces an intent to place some limits on the acts of employees for which employers under Title VII are to be held responsible." Id., at 72.
10 For example, Waldrop first sexually abused Gebser when he visited her house on the pretense of giving her a book that she needed for a school project. See App. 54a (deposition of Alida Star Gebser). Gebser, then a high school freshman, stated that she "was terrified": "He was the main teacher at the school with whom I had discussions, and I didn't know what
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