Please Note:
With frequent updates being released by the new U.S. administration, we are continuously revising the legal information on our website. Check back regularly for the latest updates.

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.

Title IX protects anyone who interacts with a school from sex discriination, incuding students, employees, and applicants. This includes: 
 
  • StudentsAll students, regardless of sex, gender identity, gender expression, or citizenship status. 
     
  • EmployeesFaculty and staff, including those who work in athletics, academics, and other areas. 
     
  • ApplicantsPeople 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.
Sex discrimination under Title IX is when someone is treated differently or worse because of their gender, sexual orientation, or gender identity. This includes harassment, unequal access to programs, and other forms of discrimination. 
 
Examples of sex discrimination.
 
    • HarassmentThis includes sexual harassment, sexual assault, dating violence, and stalking. It can also include gender-based slurs, taunts, stereotypes, and name-calling. 
       
    • Unequal accessThis includes denying admission to a program, providing unequal resources, or excluding someone from an activity. 
  • Discrimination in athleticsThis includes failing to provide equal athletic opportunities. 
  • Discrimination in STEMThis includes sex-based discrimination in science, technology, engineering, and math (STEM) courses and programs. 
  • Discrimination based on pregnancyThis 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.

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Title IX by investigating complaints, conducting compliance reviews, and providing guidance. 
 
How does OCR enforce Title IX? 
 
    • Investigates complaintsOCR 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 reviewsOCR conducts proactive reviews to identify potential systemic violations.
    • Provides guidanceOCR provides information and guidance to schools to help them comply with Title IX.
    • Seeks voluntary resolutionOCR requires institutions to voluntarily remedy violations.
  • Pursues enforcementIf an institution refuses to remedy a violation, OCR may refer the case to the Department of Justice for federal court action.
To comply with Title IX, an institution must designate a Title IX coordinator, actively investigate any complaints of sex discrimination, ensure equitable access to educational programs and activities for both genders, and clearly communicate Title IX policies to all students and staff, including information on how to report potential violations; this responsibility falls on the entire institution, from administration to individual faculty members. 
Key aspects of Title IX compliance:
 
  • 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. 
     
 
 
Compliance under Title IX is primarily determined by the “trhee-part test” which assesses whether a school’s athletics programs offer equal opportunities for male and female students based on proportionaltiy of participation reates to overall student enrollment, history of program expansion for the underrepresented sex, and whether the school is adequately accommodating the interests and abilities of the underrepresented sex; a school must meet at least one of these prongs to be considered compliant with Title IX. 
 
Key aspects of the three-part test:
 
  • 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. 
Schools that violate Title IX regulations can face a number of penalties, including:
 
  • Loss of federal fundingThe school may lose federal funds, including money for student loans. 
     
  • Civil lawsuitsThe school may be held liable in court for failing to address allegations of sexual harassment or other Title IX violations. 
     
  • Attorney’s feesThe school may be required to pay attorney’s fees in court. 
     
  • Disciplinary actionThe school may take disciplinary action against the perpetrator, such as suspension, expulsion, or a no-contact order. 
     
  • Remedies for victimsThe school may provide remedies to victims, such as counseling, academic support, or changes to housing or class schedules. 
     
  • TrainingThe school may be required to provide training to the broader student population. 
     
  • Policy changesThe 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

Tracking image for JustAnswer widget
Tracking image for JustAnswer widget
Scroll to Top

Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.