Doe v. University of Illinois

I concur in the majority’s conclusion but not in its reasoning; I dissent from the majority’s standard of liability. Title IX does impose liability upon fund recipients for failing to take prompt, appropriate remedial action in response to complaints of student-*669on-student sexual harassment, provided that responsible officials had actual knowledge of such harassment. But only those remedial actions which clearly evidence intentional discrimination are actionable under Title IX. See Smith v. Metropolitan Sch. Dist., 128 F.3d 1014, 1028 (7th Cir.1997). Doe’s facts as pleaded are sufficient to…