The Title IX regulation was part of the Education Amendments of 1972 and was enacted on June 23rd, 1972 by former President Richard Nixon. Title IX was created to prevent sex-based discrimination in all education programs and activities. Title IX states the following:
"No person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training or other educational program or activity operated by a recipient that receives federal financial assistance".
Who does Title IX apply to?
Title IX applies to all K-12 schools, higher education institutions, some charter and for-profit schools, public libraries, and museums. The Department of Education cites their recipients include approximately "17,600 local school districts, over 5,000 postsecondary institutions, and charter schools". Any educational program or activity receiving federal funding is required to operate its practices in a non-discriminatory matter free of discrimination based on sex.
Scope of Title IX
When hearing "Title IX", most people tend to think of athletics due to prominent university lawsuits on the differing treatment of men's vs. women's sports teams in college athletics. Title IX requires the equal offering of men's and women's team sports as well as equal game and practice times, equipment, travel, training facilities, academic tutors, publicity, recruitment, and proportional scholarship opportunities. However, what many people do not know is that Title IX extends far past athletics. Discrimination based on sex includes matters related to:
pregnancy, parenting, sexual orientation, gender identity, sexual harassment, all forms of gender-based violence, and employment.
Title IX Issues
The following are several examples of cases that would qualify as Title IX violations that would be subject to investigation if a Title IX complaint was made:
Instances of sexual harassment, assault, rape, stalking, or domestic violence on a college campus.
A student having a relationship with a professor, boss, or person with a higher position would qualify as quid pro quo harassment.
A complete ban on the participation of transgender students in athletic programs.
Homophobic comments made by or directed at a student by another peer, professor, etc.
The bullying or ridicule of a person based on their gender identity.
Refusing to hire a person because of their interest in starting a family soon OR refusing to hire a pregnant person because they are pregnant and expecting soon.
An institution aiding in the facilitation or promotion of NIL deals for one gender of a sports team and not the other.
*Please note this is not an exhaustive list of everything that would qualify under Title IX, just a few examples to help you understand what Title IX is.
Retaliation to Filing a Title IX Complaint
After filing a Title IX complaint with an institution, any form of retaliation by the other party or by the institution itself is absolutely prohibited. Any retaliation by the opposing party should be immediately reported to the institution as this qualifies as a separate Title IX violation. Any retaliation by the institution itself should be immediately reported to the Department of Education's Office of Civil Rights (OCR). We will post another article on how to file a complaint and what the Title IX process looks like soon!
Who Enforces Title IX?
Title IX is enforced by the Department of Education's Office of Civil Rights (OCR). OCR regularly publishes guidelines and information for all schools on maintaining compliance with Title IX. If your institution has violated Title IX or retaliated against you, a report to OCR can be made. OCR will investigate the complaint and if they conclude the institution to be in violation of Title IX, they are responsible for remedying the violation or risk losing their federal funding.
To learn more about filing a complaint with OCR, please visit
https://www2.ed.gov/about/offices/list/ocr/complaintintro.html. For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481, TDD 800-877-8339.
For more information on Title IX, please visit: https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
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