672
Kennedy, J., dissenting
schools cannot even discuss potential liabilities amongst themselves without somehow stipulating that Congress had some specified intent.
II
Our decision in Gebser makes clear that the Spending Clause clear-notice rule requires both that the recipients be on general notice of the kind of conduct the statute prohibits, and—at least when money damages are sought—that they be on notice that illegal conduct is occurring in a given situation. See, e. g., Gebser, 524 U. S., at 287-288 (rejecting vicarious liability because it would hold schools liable even when they did not know that prohibited discrimination was occurring).
Title IX, however, gives schools neither notice that the conduct the majority labels peer "sexual harassment" is gender discrimination within the meaning of the Act nor any guidance in distinguishing in individual cases between actionable discrimination and the immature behavior of children and adolescents. The majority thus imposes on schools potentially crushing financial liability for student conduct that is not prohibited in clear terms by Title IX and that cannot, even after today's opinion, be identified by either schools or courts with any precision.
The law recognizes that children—particularly young children—are not fully accountable for their actions because they lack the capacity to exercise mature judgment. See, e. g., 1 E. Farnsworth, Contracts § 4.4 (2d ed. 1998) (discussing minor's ability to disaffirm a contract into which he has entered). It should surprise no one, then, that the schools that are the primary locus of most children's social development are rife with inappropriate behavior by children who are just learning to interact with their peers. The amici on the front lines of our schools describe the situation best:
"Unlike adults in the workplace, juveniles have limited life experiences or familial influences upon which to es-
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