the question of institutional liability for sexual harassment under Title IX.  Until such time as the Nation's legislature expresses a clear intent that educational institutions under Title IX may be held liable for student-teacher sexual harassment under "agency principles," or until the High Court interprets Title IX to require the application of agency principles, we should not impose such a requirement by judicial decree, as the majority opinion recognizes.


116
ILANA DIAMOND ROVNER, Circuit Judge, dissenting.


117
At the outset of Heather Smith's senior year at Southport High School, gym teacher Steve Rager persuaded Heather to serve as his student assistant during her study hall period.  That meant that Heather would work exclusively for Rager in his private office near the school's gymnasium.  At the time Rager made hisproposal, Heather already was assigned to work as a student assistant for another Southport teacher, and Rager therefore arranged through an assistant principal for the switch to be made.  Although most student assistants at Southport were given general typing and filing responsibilities, Rager had other things in mind for Heather.  September had not yet passed when Rager made the first of many advances on his student assistant, asking Heather whether he could give her a kiss.  When Heather met Rager's question with stunned silence, he handed her a Hershey's Kiss and joked "You thought I was meaning the real thing."   Having thus gained the upper hand, Rager told Heather "You wanted the real thing, didn't you?" and kissed her.  This episode, like