Understanding Your Rights Under Title IX

Schools are supposed to be places of learning and opportunity for all students. Title IX is a federal civil rights law that furthers this goal by prohibiting discrimination on the basis of sex in education programs. Title IX applies to most elementary through higher education programs receiving federal financial assistance. The law also also protects students from sexual harassment in education.

Schools have strict reporting requirements when they learn about possible Title IX violations. Schools must investigate Title IX complaints and take disciplinary action if they find evidence of sex discrimination. For legal advice about your Title IX rights, contact a local civil rights attorney.

What Is Title IX?

Title IX of the Education Amendments of 1972 is a civil rights law that protects students against discrimination in education based on sex.

The law applies to elementary schools through post-graduate education programs that get government funding. This includes most colleges, universities, and education agencies. However, there are exceptions for some programs, including military and religious education programs.

Protections Offered Under Title IX

Under Title IX, students are protected against sex-based harassment, sexual violence, and unequal treatment based on gender. Sex discrimination in education can take many forms, including:

• Unequal access to educational programs
• Unequal access to athletics programs
• Sexual assault
• Sexual harassment

Title IX and Gender Equity in Athletics

Historically, college athletics focused primarily on male student athletes, limiting athletic and sports opportunities for female students. Title IX gives female students equal access to athletics in school sports. Female participation school sports has increased dramatically since the implementation of Title IX.

There is a three-part test for Title IX equal opportunity requirements in athletics:

1. Substantial proportionality. The number of female athletes should be substantially proportionate — within a few percentage points — to the percentage of female students enrolled at the school.
2. History and continuing practice of program expansion. If the school doesn’t have the right proportionality of female student athletes, it can show its historic and ongoing efforts to expand the athletics program to female athletes.
3. Full and effective accommodation of athletic interests. If the school can’t show substantial proportionality or a history of expanding its athletic program, it can try to show that its current athletic offerings effectively accommodate the interests of its female student athletes.

Title IX Protections Against Sexual Harassment

Sexual harassment and sexual violence are types of sex discrimination prohibited by Title IX. Students should feel safe in educational settings without fear of violence, retaliation, or harassment based on their gender. Title IX protections apply to students, teachers, and administrators in educational institutions.

Sexual harassment includes quid pro quo and hostile environment claims:

• Quid pro quo means “this for that.” It could involve a teacher promising better grades for sexual favors.
• A hostile educational environment involves unwelcome, severe, or offensive words or conduct targeted at someone because of their sex.

Title IX Protections Against Sexual Violence

Sexual violence includes sexual assault, dating violence, domestic violence, and stalking.

Title IX’s protections against sexual violence apply to students, teachers, and employees. Generally, Title IX applies to incidents on campus or under the school’s control or activity. In some cases, Title IX can apply to off-campus harassment.

Responsibilities of Educational Institutions

Schools must address sexual misconduct under Title IX, including providing accommodations or interim measures for victims. Schools may be required to provide the following:

• Provide academic accommodations for the victim
• Enforce no-contact between the victim and perpetrators
• Protect the student’s privacy
• Tell students about their right to report sexual assault to law enforcement
• Prevent continuing harassment and retaliation
• Follow through on the investigation in a reasonable time frame

Educational institutes must comply with Title IX regulations to get federal funding. Educational institutions must report in detail how they will respond to any allegations of misconduct. This includes complaints involving discrimination, harassment, or other Title IX violations.

Schools and universities also have a duty to investigate sexual assault reports and take action. If a university is aware of sexual misconduct but acts with deliberate indifference, it is a violation of the student’s Title IX rights. Student victims of sexual assault can file a complaint or civil lawsuit against the college for civil rights violations.

Most employees of educational institutions have an obligation to report Title IX violations. Responsible employees include teachers and faculty, administrators, counselors, and coaches.

Protections for People Accused of Title IX Violations

Those accused of violations also have Title IX protections. The accused has the right to notification of the sexual misconduct allegations made against them. Alleged violators also have privacy within the institute’s policies.

The Role of Title IX Coordinators

Schools must appoint a Title IX coordinator whose role is to take reports and conduct investigations.

The Title IX coordinator must protect students from retaliation or continuing harassment. Title IX coordinators may also report Title IX complaints to law enforcement.

How To File a Title IX Complaint

If a Title IX complaint involves sexual assault, stalking, or other crimes, report it to law enforcement. Criminal reports are separate from Title IX investigations.

You can file a Title IX complaint with your school’s Title IX coordinator. Schools must make their grievance process public. You should be able to find information about your school’s specific process on the school’s website.

The U.S. Department of Education Office for Civil Rights (OCR) enforces Title IX laws and investigates complaints. You can file a complaint with the OCR to report the discrimination and a description of what happened.

For formal complaints, you must also provide contact information. You must file most OCR discrimination complaints within 180 days of the events or request a waiver to show good cause.

Legal Assistance With Title IX Claims

You may grounds for a lawsuit for Title IX violations. There are different legal remedies for victims of Title IX violations, including sanctions against the school and injunctive relief. You can sue the educational institution for financial compensation.

For legal help with reporting Title IX violations, talk to a civil rights attorney.