Sec. 101. Amendments to title IX of the Education Amendments of 1972
894 words·~4 min read·
/bill/117/s/5158/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) is amended— in section 901, by adding at end the following: Subject to subsection (e), a recipient shall be liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient's program or activity, engages in sex-based harassment against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized person of the recipient; or the recipient receives notice of the harassment.
Subject to subsection (e), a recipient is liable for sex-based harassment if a person who is not its agent, employee, or other authorized person, engages in sex-based harassment against a person who is participating in or receiving any benefit, service, or opportunity from such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. A recipient is not liable in a private action for damages under subsection
(d)for sex-based harassment, if the recipient demonstrates that it exercised reasonable care to prevent sex-based harassment and to promptly remedy the effects of the sex-based harassment at issue, including through a demonstration by the recipient that it— established, adequately publicized, and enforced an effective and comprehensive sex-based harassment prevention policy, training, and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk, effort, or expense; if requested by an aggrieved person subjected to sex-based harassment (or the parent or guardian of such person, if such person is a minor), or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of such harassment; provided supportive measures that have the purpose and effect of preserving and restoring a person subjected to sex-based harassment’s equal access to the recipient’s education program or activity, regardless of whether such person requests an investigation; and took other necessary, immediate, and appropriate corrective action designed to stop such harassment and remedy its effects. A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs
(A)through
(D)of paragraph (1). A recipient receives notice of sex-based harassment if an agent, employee, or other authorized person of the recipient, or in the exercise of reasonable care should have known, about the harassment and— has the authority to take action to redress the harassment; has the responsibility to report to an administrator harassment or similar misconduct by others; or receives a report of such harassment from an individual who could reasonably believe that the agent, employee, or other authorized person is as described in paragraph
(1)or (2). ; in section 903— in the 1st sentence by inserting
(a)before Any ; and by adding at the end of the following: Any person aggrieved by the failure of a recipient to comply with section 901, or a rule issued under this title, may bring a civil action in any court of competent jurisdiction. In a civil action brought for a violation of section 901 by or on behalf of a person aggrieved by a violation of section 901, such person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). ; and by inserting after section 908 the following: For purposes of this title— the term gender identity — means a person’s internal sense of gender, which could be female, male, or another gender; includes a person’s gender expression, which is how they present their gender identity outwardly, including through appearance, mannerisms, dress, or other gender-related characteristics; and may or may not match their designated sex at birth; the term on the basis of sex includes, inter alia, on the basis of, perceived or actual— sex stereotypes; pregnancy or related conditions, including— childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or their related medical conditions; sexual orientation; gender identity; or sex characteristics, including inter-sex traits; the term recipient means an entity described in any of paragraphs
(1)through
(4)of section 908 and includes any entity that exercises controlling authority over such recipient; the term sex-based harassment — means conduct on the basis of sex, including conduct of a sexual nature, that unreasonably alters a person’s ability to participate in or receive any benefit, service, or opportunity from an education program or activity that receives Federal financial assistance, including by creating an intimidating, hostile, or offensive environment; and includes an employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity, explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in sexual conduct; and the term sexual orientation includes homosexuality, heterosexuality, bisexuality, pansexuality, and asexuality. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 101
Amendments to title IX of the Education Amendments of 1972
Cites 1Cited by 0 across 0 sources