Davis v. Monroe County Bd. of Ed., 526 U.S. 629, 14 (1999)

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642

DAVIS v. MONROE COUNTY BD. OF ED.

Opinion of the Court

tary award' " before subjecting it to damages liability. 524 U. S., at 287 (quoting Franklin v. Gwinnett County Public Schools, 503 U. S., at 74). We also recognized, however, that this limitation on private damages actions is not a bar to liability where a funding recipient intentionally violates the statute. Id., at 74-75; see also Guardians Assn. v. Civil Serv. Comm'n of New York City, supra, at 597-598 (opinion of White, J.) (same with respect to Title VI). In particular, we concluded that Pennhurst does not bar a private damages action under Title IX where the funding recipient engages in intentional conduct that violates the clear terms of the statute.

Accordingly, we rejected the use of agency principles to impute liability to the district for the misconduct of its teachers. 524 U. S., at 283. Likewise, we declined the invitation to impose liability under what amounted to a negligence standard—holding the district liable for its failure to react to teacher-student harassment of which it knew or should have known. Ibid. Rather, we concluded that the district could be liable for damages only where the district itself intentionally acted in clear violation of Title IX by remaining deliberately indifferent to acts of teacher-student harassment of which it had actual knowledge. Id., at 290. Contrary to the dissent's suggestion, the misconduct of the teacher in Gebser was not "treated as the grant recipient's actions." Post, at 661 (opinion of Kennedy, J.). Liability arose, rather, from "an official decision by the recipient not to remedy the violation." Gebser v. Lago Vista Independent School Dist., supra, at 290. By employing the "deliberate indifference" theory already used to establish municipal liability under Rev. Stat. 1979, 42 U. S. C. 1983, see Gebser v. Lago Vista Independent School Dist., supra, at 290-291 (citing Board of Comm'rs of Bryan Cty. v. Brown, 520 U. S. 397 (1997), and Canton v. Harris, 489 U. S. 378 (1989)), we concluded in Gebser that recipients could be liable in damages only where their own deliberate indifference effectively

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