Even though Title IX’s reach is focused on educational settings, its impact is widespread. It affects roughly 17,600 local school districts and over 5,000 higher education institutions. This also encompasses charter schools, for-profit educational facilities, libraries, museums, vocational rehabilitation agencies, and various educational bodies that benefit from federal financial assistance from the U.S. Department of Education, as stated by the Office for Civil Rights (OCR).
Title IX: Defined Simply
Title IX, a part of the Education Amendments of 1972, is a federal law in the United States that protects individuals from discrimination based on sex in educational programs or activities that receive federal funding. It is most prominently known for its role in promoting gender equality in college athletics.
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
In simpler terms, What Is Title Ix? It’s legislation ensuring that if an educational institution receives federal funds, it must treat all students equally regardless of their sex. This encompasses a broad spectrum of protections beyond just sports.
The Purpose of Title IX: Beyond Sports
The primary purpose of Title IX is to prevent sex-based discrimination in any educational program or activity that receives federal financial aid. This definition of sex discrimination is broad and includes various forms of misconduct such as sexual harassment, sexual violence, sexual assault, dating violence, domestic violence, stalking, and quid pro quo harassment.
It’s crucial to understand that Title IX extends beyond traditional notions of sex discrimination. It also addresses “claims of discrimination based on gender identity or not conforming to stereotypical ideas about masculinity or femininity.” This means that universities are obligated to “investigate and resolve allegations of sexual violence involving LGBT students using the same procedures and standards applied to all complaints of sexual violence.” Under Title IX, colleges are required to independently investigate and resolve these claims, determine responsibility, and implement disciplinary actions, irrespective of whether the victim reports the incident to law enforcement.
Since its inception, Title IX has broadened to encompass issues related to sexuality, sexual differences, and gender roles. A significant update occurred in 2020 when the U.S. Department of Education revised due process protections under Title IX to include a formal written presumption of innocence for the accused. Furthermore, schools are restricted from imposing disciplinary measures on accused students before the conclusion of the case, although they retain the authority to remove students from campus if they are deemed a risk.
In 2022, the Biden Administration proposed a Title IX amendment aimed at extending protections to transgender students against sexual violence in educational settings. This proposed change has generated over 238,000 public comments, and the timeline for its implementation remains uncertain.
Examples of Title IX Discrimination: Real-World Scenarios
To further clarify what is Title IX in practice, it’s helpful to look at examples of violations. Common examples of discrimination covered by Title IX include:
- Sexual harassment in any form.
- Inequality in athletic opportunities provided to students of different sexes.
- Sex-based discrimination within STEM (science, technology, engineering, and math) courses and programs.
- Discrimination against students based on pregnancy or related conditions.
Furthermore, the creation of hostile environments that hinder an individual’s ability to benefit from or contribute to an educational program or job is also a violation of Title IX. Retaliation against anyone who reports a potential Title IX violation is also considered a violation itself.
Title IX, Quid Pro Quo, and Title VII: Key Connections
Quid pro quo is a specific type of sexual harassment that falls under the umbrella of Title IX. It occurs when someone in a position of authority, typically in an educational setting, demands sexual favors in exchange for academic benefits or opportunities. This could involve a professor offering a better grade in return for sexual acts, or a coach promising more playing time in exchange for sexual compliance.
For instance, in 2022, a judge in Maine allowed a former student’s quid pro quo lawsuit alleging Title IX retaliation to proceed. The student claimed that the University of New England falsely labeled him as a campus threat after he reported unwanted sexual advances from a professor.
It’s important to note that quid pro quo is not exclusive to Title IX. It is also prohibited in the workplace under Title VII of the Civil Rights Act of 1964.
Quid pro quo sexual harassment in the employment context – where a supervisor demands sexual favors from an employee in return for a job benefit – is one of the two main forms of workplace harassment under Title VII (the other being hostile work environment harassment).
Understanding and complying with Title IX requires a thorough examination of the law and its implications for educational institutions and students. For further information on Title VII of the Civil Rights Act or Title IX of the Education Amendments of 1972, explore the resources available through Practical Law today and Westlaw Precision with CoCounsel.
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