Davis v. Monroe County Bd. of Ed., 526 U.S. 629, 13 (1999)

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Cite as: 526 U. S. 629 (1999)

Opinion of the Court

sons] from participation in, . . . den[y] [persons] the benefits of, or . . . subjec[t] [persons] to discrimination under" its "program[s] or activit[ies]" in order to be liable under Title IX. The Government's enforcement power may only be exercised against the funding recipient, see 1682, and we have not extended damages liability under Title IX to parties outside the scope of this power. See National Collegiate Athletic Assn. v. Smith, 525 U. S. 459, 467, n. 5 (1999) (rejecting suggestion "that the private right of action available under . . . 1681(a) is potentially broader than the Government's enforcement authority"); cf. Gebser v. Lago Vista Independent School Dist., supra, at 289 ("It would be unsound, we think, for a statute's express system of enforcement to require notice to the recipient and an opportunity to come into voluntary compliance while a judicially implied system of enforcement permits substantial liability without regard to the recipient's knowledge or its corrective actions upon receiving notice").

We disagree with respondents' assertion, however, that petitioner seeks to hold the Board liable for G. F.'s actions instead of its own. Here, petitioner attempts to hold the Board liable for its own decision to remain idle in the face of known student-on-student harassment in its schools. In Gebser, we concluded that a recipient of federal education funds may be liable in damages under Title IX where it is deliberately indifferent to known acts of sexual harassment by a teacher. In that case, a teacher had entered into a sexual relationship with an eighth-grade student, and the student sought damages under Title IX for the teacher's misconduct. We recognized that the scope of liability in private damages actions under Title IX is circumscribed by Pennhurst's requirement that funding recipients have notice of their potential liability. 524 U. S., at 287-288. Invoking Pennhurst, Guardians Assn., and Franklin, in Gebser we once again required "that 'the receiving entity of federal funds [have] notice that it will be liable for a mone-

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