Cite as: 524 U. S. 274 (1998)
Stevens, J., dissenting
on notice that sexual harassment of a student by a teacher constitutes an "intentional" violation of Title IX for which damages are available, because we so held shortly before Waldrop began abusing Gebser. See id., at 74-75. Given the fact that our holding in Franklin was unanimous, it is not unreasonable to assume that it could have been foreseen by counsel for the recipients of Title IX funds. Moreover, the nondiscrimination requirement set out in Title IX is clear, and this Court held that sexual harassment constitutes intentional sex discrimination long before the sexual abuse in this case began. See Meritor Savings Bank, FSB v. Vinson, 477 U. S. 57, 64 (1986). Normally, of course, we presume that the citizen has knowledge of the law.
The majority nevertheless takes the position that a school district that accepts federal funds under Title IX should not be held liable in damages for an intentional violation of that statute if the district itself "was unaware of the discrimination." Ante, at 287. The Court reasons that because administrative proceedings to terminate funding cannot be commenced until after the grant recipient has received notice of its noncompliance and the agency determines that voluntary compliance is not possible, see 20 U. S. C. § 1682, there should be no damages liability unless the grant recipient has actual notice of the violation (and thus an opportunity to end the harassment). See ante, at 288-290.
The fact that Congress has specified a particular administrative procedure to be followed when a subsidy is to be terminated, however, does not illuminate the question of what the victim of discrimination on the basis of sex must prove in order to recover damages in an implied private right of action. Indeed, in Franklin, 503 U. S., at 64, n. 3, we noted that the Department of Education's Office of Civil Rights had declined to terminate federal funding of the school district at issue—despite its finding that a Title IX violation had occurred—because the "district [had come] into compliance" with Title IX after the harassment at issue. See ante, at
303
Page: Index Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: October 4, 2007