Back to School: Title IX

On February 28, 1972, Senator Birch Bayh introduced a piece of legislation that would become Title IX.  This law prohibits sex-based discrimination (including sexual harassment and sexual violence) in school or education programs that receives any funding from the federal government. This includes all public and private elementary/middle/high schools and their districts, as well as colleges and universities. The law has evolved over the decades through various amendments and regulatory changes. It was significantly updated in the 1990s and early 2000s which expanded its scope addressing issues such as sexual harassment and assault.

Scope of Title IX Protections

In theory, Title IX prevents and addresses sex-based discrimination in educational settings. Schools must provide equal opportunities in athletics for both male and female students. Thus ensuring equitable access to funding, facilities, and coaching. Additionally, Title IX mandates that institutions have policies and procedures in place to address sexual harassment and sexual violence, such as rape, sexual assault, and sexual coercion. These protections aim to ensure a safe and equitable educational environment for all students.

Institutional Responsibilities

Schools must fulfill specific obligations to comply with Title IX. When a school becomes aware of sexual harassment or violence, it must act immediately, even if no formal complaint is filed. They are also responsible for investigating and resolving these issues, regardless of any ongoing criminal investigations.

Required Title IX Procedures and Policies

To meet Title IX requirements, schools must have clear, publicly available policies that prohibit sex discrimination. These policies are distributed via student handbooks and are available from the administration. They are also available on the school district’s website. Further, every school must have a Title IX Coordinator. They are responsible for managing complaints and overseeing compliance efforts. The role also includes addressing complaints of sex discrimination and identifying systemic issues.

Additionally, Schools must establish and communicate procedures for filing complaints of sex discrimination, including sexual harassment and sexual violence. These procedures must ensure a prompt and equitable resolution. Complainants have the right to present their case, including submitting evidence and witnesses, and to receive updates on the investigation’s progress and outcome. The standard of proof is the preponderance of the evidence, meaning it is more likely than not that the alleged conduct occurred.

What Are Your Rights?

If you experience or witness discrimination, you have specific rights under Title IX. You have the right to a fair and thorough investigation. You also should be kept informed of the progress and outcome of your complaint. For college and university students, the Clery Act also ensures that both parties involved are informed about the outcome and any sanctions. Schools may offer informal resolution options, but that is not the end. Especially in cases of sexual assault, you can chose to move forward with criminal proceedings if needed.

Need More Information or Help?

If you have questions about your rights or believe need to report a school, you can reach out to the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481.

You can also fill out a complaint form online at OCR Complaint Form.