Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 1681 of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.
Notes of Decisions
Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998).
· cites it 10× “" 20 U. S. C. § 1682 . Significantly, however, an agency may not initiate enforcement proceedings until it "has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means.”
Cannon v. Univ. of Chicago, 441 U.S. 677 (1979).
· cites it 8× “[20] Congress decided in Title IX, as it had in Title VI, to prohibit certain forms of discrimination by recipients of federal funds.”
M. S. v. Susquehanna Twp Sch Dist, 969 F.3d 120 (3rd Cir. 2020).
· cites it 2× “” 20 U.S.C. § 1682 . “When an individual’s intentional conduct constitutes the [Title IX] discrimination, the directive to ‘advise[ ]’ an appropriate person ‘of the failure to comply’ connotes that the ‘appropriate person’ is unaware of the misconduct.”
Nat'l Wrestling Coaches Ass'n v. Dep't of Educ., 366 F.3d 930 (D.C. Cir. 2004).
· cites it 3× “See 20 U.S.C. § 1682 . Institutions that fail to comply with Title IX or these regulations face termination of federal funding, though an implementing agency must first attempt to secure voluntary compliance before imposing this ultimate sanction.”
Grove City Coll. v. Bell, 465 U.S. 555 (1984).
· cites it 4× “" § 902, 20 U. S. C. § 1682 . [2] This case presents several questions concerning the scope and operation of these provisions and the regulations established by the Department of Education.”
Jackson v. Birmingham Bd. of Educ., 544 U.S. 167 (2005).
· cites it 2× “, at 288, 289-290 (holding that an appropriate official of the funding recipient must have actual knowledge of discrimination and respond with deliberate indifference before a private party may bring suit); 20 U.S.C. § 1682 (providing that a federal agency may terminate funding…”
Donovan v. Poway Unified Sch. Dist., 167 Cal. App. 4th 567 (Cal. Ct. App. 2008).
· cites it 4× “) The express means of enforcement of Title IX is administrative: “The statute directs federal agencies that distribute education funding to establish requirements to effectuate the nondiscrimination mandate, and permits the agencies to enforce those requirements through ‘any .”
Equity in Athletics, Inc. v. Dep't of Educ., 639 F.3d 91 (4th Cir. 2011).
· cites it 3× “HEW followed notice and comment rulemaking procedures, and President Ford approved the final regulations, *96 as required by Title IX, 20 U.S.C. § 1682 . 1 Effective July 21, 1975, the regulations provided in part that “[a] recipient which operates or sponsors interscholastic,…”
Salazar v. South San Antonio Indep. Sch. Dist., 690 F. App'x 853 (5th Cir. 2017).
· cites it 5× “But more importantly, implying a right of action under Title IX that would permit recovery of damages from a funding recipient when only the person who committed sexual abuse had actual knowledge of his intentional misconduct would be contrary to the statutory intent expressed…”
Nat'l Wrestling Coaches Ass'n v. United States Dep't of Educ., 263 F. Supp. 2d 82 (D.D.C. 2003).
· cites it 6× “Federal agencies, such as DoE, providing financial assistance to educational programs or activities are authorized and directed to effectuate the provisions of Section 1681 by issuing rules, regulations, or orders of general applicability which shall be consistent with the…”
Kazar v. Slippery Rock Univ. of Pennsylvania, 679 F. App'x 156 (3rd Cir. 2017).
· cites it 4× “20 U.S.C. § 1682 ; Gebser, 524 U.S. at 290 (“Because the express remedial scheme under Title IX is predicated upon notice to an ‘appropriate person’ and an opportunity to rectify any violation, 20 U.”
— 20 U.S.C. § 1682(a) — 1 case
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