Title IX Take Responsibility Act of 2021
This bill establishes statutory standards of liability for sexual harassment and a private right of action under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities.
Currently, Title IX does not expressly provide for a private right of action for violations, prohibit sexual harassment, or establish standards of liability with respect to such conduct. The Supreme Court has interpreted the statute to cover sexual harassment and has determined that it provides an implied private right of action; the Court has also delineated standards of liability that generally require actual knowledge on the part of educational institutions with respect to such conduct.
The bill specifically sets out standards of liability for sexual harassment with respect to covered entities under Title IX. Among other provisions, the bill specifies that a covered entity is liable for sexual harassment committed by an employee against a student that is enabled by the employee's authority and results in a hostile environment, regardless of whether the entity knew or should have known about such conduct.
The bill also allows any person aggrieved by the failure of a covered entity to comply with Title IX to bring a civil action for damages.