Cite as: 526 U. S. 629 (1999)
Kennedy, J., dissenting
"operate in the same manner, conditioning an offer of federal funding on a promise by the recipient not to discriminate, in what amounts essentially to a contract between the Government and the recipient of funds"). "[W]hereas Title VII aims centrally to compensate victims of discrimination, Title IX focuses more on 'protecting' individuals from discriminatory practices carried out by recipients of federal funds." Id., at 287. The majority does not even attempt to argue that the school's failure to respond to discriminatory acts by students is discrimination by the school itself.
A
In any event, a plaintiff cannot establish a Title IX violation merely by showing that she has been "subjected to discrimination." Rather, a violation of Title IX occurs only if she is "subjected to discrimination under any education program or activity," 20 U. S. C. § 1681(a), where "program or activity" is defined as "all of the operations of" a grant recipient, § 1687.
Under the most natural reading of this provision, discrimination violates Title IX only if it is authorized by, or in accordance with, the actions, activities, or policies of the grant recipient. See Webster's Third New International Dictionary 2487 (1981) (defining "under" as "required by: in accordance with: bound by"); American Heritage Dictionary 1395 (New College ed. 1981) (defining "under" as "[w]ith the authorization of; attested by; by virtue of"); Random House Dictionary of the English Language 2059 (2d ed. 1987) (defining "under" as "authorized, warranted, or attested by" or "in accordance with"); see also 43 Words and Phrases 149- 152 (1969) (citing cases defining "under" as, inter alia, " 'in accordance with' and 'in conformity with' "; "indicating subjection, guidance or control, and meaning 'by authority of' "; " 'by,' 'by reason of,' or 'by means of' "; and " 'by virtue of,' which is defined . . . as meaning 'by or through the authority of' "). This reading reflects the common legal usage of the
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