; and (2) by adding at the end the following: (b) (1) The Secretary of Education shall determine, at the beginning of each year, each covered institution of higher education that was found during the prior year to be in noncompliance with a requirement of this title as part of an administrative proceeding under subsection (a). (2) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during the prior year, the Secretary may impose a civil penalty on the institution. (3) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during 2 or more of the prior 5 years, the Secretary shall— (A) require the institution to submit, not later than 120 days after receiving notice of the determination, a plan for coming into compliance with all requirements of this title; and (B) make the report publicly available. . 7. Private right of action Section 903 of the Education Amendments of 1972 ( 20 U.S.C. 1683 ) is amended— (1) by inserting (a) before Any department ; and (2) by adding at the end the following: (b) Right of action An individual who applies to participate, participates, or previously participated in an education program or activity covered under this title, offered by a covered institution of higher education, may bring an action in any Federal or State court of competent jurisdiction against the institution, alleging a violation of this title. The court may award such legal or equitable relief as may be appropriate for such a violation. The legal relief may include compensatory damages for emotional distress, humiliation, or pain and suffering. . 8. Training and information for athletes Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) is amended— (1) by repealing section 906; (2) by redesignating section 905 ( 20 U.S.C. 1685 ) as section 906