Sec. 3. Prohibition of harassment
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/bill/117/hr/5396/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) is amended by adding at the end the following: If an agent or an employee of a covered entity engages in harassment, regardless of where the harassment occurs, on the basis of sex, which is enabled or assisted by the authority exercised as an employee or agent of the covered entity, against a person who is participating in or receiving benefits, services, or opportunities from an education program or activity, or who is attempting to do so, and the harassment alters the aggrieved person’s ability to do so, including by creating an intimidating, hostile, or offensive environment, the covered entity is liable for sex discrimination.
If a person who is an agent or employee of a covered entity engages in harassment, regardless of where the harassment occurs, on the basis of sex against a person who is participating in or receiving benefits, services, or opportunities from an education program or activity or who is attempting to do so— the harassment is not enabled or assisted by the authority exercised as an employee or agent of the covered entity; the harassment alters the aggrieved person’s ability to participate in or receive benefits, services, or opportunities from an education program or activity, including by creating an intimidating, hostile, or offensive environment; and the covered entity knew, or in the exercise of reasonable care should have known, of the harassment, then the covered entity is liable for sex discrimination unless it can demonstrate that it exercised reasonable care to promptly prevent and correct the effects of any harassment based on sex.
If a person who is not an agent or employee of a covered entity engages in harassment, regardless of where the harassment occurs, on the basis of sex against a person who is participating in or receiving benefits, services, or opportunities from an education program or activity or who is attempting to do so, and the harassment alters the aggrieved person’s ability to do so, including by creating an intimidating, hostile, or offensive environment, and the covered entity knew, or in the exercise of reasonable care should have known, of the harassment, then the covered entity is liable for sex discrimination unless it can demonstrate that it exercised reasonable care to promptly prevent and correct the effects of any harassment based on sex.
A covered entity shall exercise reasonable care in response to harassment based on sex if any of the following individuals knew, or in the exercise of reasonable care should have known, about the harassment: An agent or employee who has the authority to take action to redress the harassment. An agent or employee who has the duty to report to an administrator harassment or any other misconduct by others. An individual who a harassment victim or reporting party could reasonably believe has this authority or responsibility.
A showing that the covered entity has exercised reasonable care to promptly prevent and correct the effects of any harassment based on sex includes a demonstration by the covered entity that it has— established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; if requested by the aggrieved person or otherwise deemed necessary to protect the aggrieved person or other persons within the program or activity from a significant ongoing threat, undertaken a prompt, thorough, and impartial investigation, unless the allegations are patently frivolous; provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person’s equal access to the education program or activity, regardless of whether the aggrieved person requested an investigation; and after receiving notice, taken other necessary, immediate, and appropriate corrective action designed to stop the harassment that occurred and correct its effects, regardless of whether the aggrieved person experienced subsequent harassment. .
Section 902 of the Education Amendments of 1972 ( 20 U.S.C. 1682 ) is amended— by inserting
(a)before Each Federal department and agency which is empowered ; and by adding at the end the following: Any person aggrieved by the failure of a covered entity to comply with this title, including any regulation promulgated pursuant to this title, may bring a civil action in any court of competent jurisdiction to enforce such person’s rights. . Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et. seq.) is amended by inserting after section 902 the following: In an action brought against a covered entity by (including on behalf of) an aggrieved person who has been subjected to discrimination prohibited under this title (including its implementing regulations), the plaintiff may recover equitable and legal relief (including compensatory and punitive damages), and attorney’s fees (including expert fees). .
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