Educational Programs Discrimination - Title IX
As easily as discrimination can occur in the workplace, it can also occur in educational institutions. Title IX is a federal law that protects students from sex discrimination in educational programs. The law requires institutions to provide equal treatment in admissions, programs, counseling, financial aid, scholarships, insurance benefits and many other aspects of education. For more information about Title IX and what your rights are under it, read below.
Title IX is a federal law that prohibits sex discrimination against students and employees in education programs and activities receiving federal financial assistance. This law benefits both male and females and requires that educational institutions maintain policies, practices, and programs that do not discriminate based on sex. This law provides that males and females receive fair and equal treatment in all areas of schooling including: recruitment, admissions, educational programs and activities, course offerings and access to those courses, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual harassment, and athletics.
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Students: All students, regardless of sex, gender identity, gender expression, or citizenship status.
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Employees: Faculty and staff, including those who work in athletics, academics, and other areas.
- Applicants: People applying to a school, including those who are pregnant or parenting Title IX applies to all public and private schools, school districts, colleges, and universities that receive federal funds.
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Harassment: This includes sexual harassment, sexual assault, dating violence, and stalking. It can also include gender-based slurs, taunts, stereotypes, and name-calling.
- Unequal access: This includes denying admission to a program, providing unequal resources, or excluding someone from an activity.
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Harassment: This includes sexual harassment, sexual assault, dating violence, and stalking. It can also include gender-based slurs, taunts, stereotypes, and name-calling.
- Discrimination in athletics: This includes failing to provide equal athletic opportunities.
- Discrimination in STEM: This includes sex-based discrimination in science, technology, engineering, and math (STEM) courses and programs.
- Discrimination based on pregnancy: This includes treating pregnant students differently.
Title IX protects students, faculty, and staff in federally funded education programs and activities applying to schools from elementary and secondary schools up to the college and university level. Title IX applies to schools that also receive federal funding or receive any type of support from any federal agency which can include private schools, correctional facilities, health entities, and unions. Currently, only two U.S. Colleges do not have to abide by Title IX: Hillsdale College in Michigan, and Grove City College Pennsylvania.
You are protected under Title IX even if you do not experience sex discrimination directly. Schools must take immediate steps to address any sex discrimination, sexual harassment, or sexual violence on campus to prevent it from affecting students further. If a school knows or reasonably should know about discrimination, harassment, or violence that is creating a “hostile environment” for any student, it must act to eliminate it, remedy the harm caused, and prevent its recurrence. Schools may not discourage survivors from continuing their education, such as telling them to “take time off” or forcing them to quit a team, club, or class. You have the right to remain on campus and have every educational program and opportunity available to you.
- Investigates complaints: OCR investigates complaints of sex discrimination, including sexual harassment, bullying, and retaliation. Anyone can file a complaint with OCR, even if they are not the victim of discrimination.
- Conducts compliance reviews: OCR conducts proactive reviews to identify potential systemic violations.
- Provides guidance: OCR provides information and guidance to schools to help them comply with Title IX.
- Seeks voluntary resolution: OCR requires institutions to voluntarily remedy violations.
- Pursues enforcement: If an institution refuses to remedy a violation, OCR may refer the case to the Department of Justice for federal court action.
- Appointing a Title IX Coordinator:Every institution receiving federal funds must designate a specific employee to oversee Title IX compliance, acting as a point of contact for complaints and ensuring proper investigations.
- Policy Development and Dissemination:Creating clear policies prohibiting sex discrimination in all aspects of the institution, including academics, athletics, and student life, and ensuring all students and staff are informed about these policies.
- Complaint Investigation:Thoroughly investigating any complaints of sex discrimination, including sexual harassment, assault, and gender-based discrimination, taking appropriate action based on findings.
- Athletics Equity:For athletic programs, ensuring substantially proportionate opportunities for female and male athletes, considering factors like participation rates, interests, and level of competition.
- Training and Education:Providing regular training for faculty, staff, and students on Title IX regulations, including how to identify and report potential violations.
- Data Collection and Monitoring:Regularly reviewing data to assess compliance with Title IX requirements, including participation rates in athletics, student demographics, and reporting trends.
- Proportionality:Compares the percentage of female athletes to the percentage of female students enrolled at the school.
- History of Program Expansion:Examines whether the school has been actively expanding athletic opportunities for the underrepresented sex.
- Accommodating Interests:Assesses if the school is providing enough athletic opportunities to meet the interests and abilities of the underrepresented sex.
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Loss of federal funding: The school may lose federal funds, including money for student loans.
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Civil lawsuits: The school may be held liable in court for failing to address allegations of sexual harassment or other Title IX violations.
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Attorney’s fees: The school may be required to pay attorney’s fees in court.
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Disciplinary action: The school may take disciplinary action against the perpetrator, such as suspension, expulsion, or a no-contact order.
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Remedies for victims: The school may provide remedies to victims, such as counseling, academic support, or changes to housing or class schedules.
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Training: The school may be required to provide training to the broader student population.
- Policy changes: The school may be required to change its services or policies to prevent similar incidents from happening again.
If you have suffered sex discrimination, a school must make sure that any reasonable changes to your housing, class or sports schedule, campus job, or extracurricular activities and clubs are made to ensure that you can continue your education free from ongoing sex discrimination, harassment or sexual violence. These arrangements can occur BEFORE a formal complaint, investigation, hearing, or final decision is made regarding your complaint and may CONTINUE even after the final decision has been rendered. These accommodations may not burden complainants/victims or limit educational opportunities.
Athletic programs are considered “educational programs and activities” and are covered under Title IX. Title IX covers three areas of athletics: participation, scholarships, and other benefits.
- Participation: Men and women must be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play.
- Scholarships: Male and female student-athletes are required to receive athletic scholarship dollars proportional to their participation.
- Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provision of:
- equipment and supplies
- scheduling of games and practice times
- travel and daily allowance/per diem
- access to tutoring
- coaching, locker rooms, practice and competitive facilities
- medical and training facilities and services
- housing and dining facilities and services
- publicity and promotions
- support services, and
- recruitment of student-athletes
Anyone who believes that there has been sex discrimination against any person or group may file a complaint with the Office of Civil Rights under Title IX. You do not need to be the victim of the alleged discrimination to file a complaint, but you do need to be affected by a general “hostile sexual environment” or complain on behalf of another. A complaint should be sent to the Office of Civil Rights enforcement office of the state where your discrimination occurred. See the United States Government website for a list of state Offices of Civil Rights.
A complaint must be filed within 180 days of the date of the alleged discrimination unless the filing is extended for good cause by the Enforcement Office Director. Should the individual choose to first file a potential complaint through the school’s institutional grievance process, then the Title IX complaint must be filed with the Office of Civil Rights within 60 days after the last act of the institutional grievance process.
Complaint letters should explain who was discriminated against; in what way; by whom or by what institution or agency; when the discrimination took place; who was harmed; who can be contacted for further information; the name, address and telephone number of the complainant(s) and the alleged offending institution or agency; and as much background information as possible about the alleged discriminatory act(s). You will be asked for much-identifying information, but remember that OCR keeps the identity of complainants confidential except to the extent necessary to carry out the purposes of the civil rights laws, or unless disclosure is required under the Freedom of Information Act or the Privacy Act (or otherwise required by law).
You can find a pre-prepared complaint form, along with some supplementary information and advice at the Department of Education website.
Title IX Complaints may be filed through mail, an electronic submission of the pre-prepared OCR complaint form or by email ([email protected]). In either form of submission a consent form will need to be signed and included with your complaint. Any addendums to the complaint must be submitted within 20 days.
Mailed complaints may be sent to:
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012
TDD: 800-877-833