Understanding Title IX: Protecting Against Sex Discrimination

The Title IX law protects individuals from sex discrimination in educational settings, including students, faculty, staff, contractors, applicants, and campus visitors.

What Is Title 9 Law?

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states: “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.”

Understanding Sex Discrimination

Sex discrimination is a Title IX violation and involves treating someone (an applicant or employee) unfavorably because of that person’s sex, including the person’s sexual orientation, gender identity, or pregnancy.

Sex discrimination can manifest in different ways, such as sexual assault, gender-based violence, and unequal treatment based on gender. Other forms of discrimination include pregnancy discrimination, sexual harassment, sexual orientation discrimination, retaliation, and gender harassment. Title IX violations also include the following:

Gender-based bullying or slurs;
Discriminatory dress code;
Unfair treatment, attitudes, or behaviors based on gender;
Unwelcome sexual behavior, requests, or advances;
Sexual abuse, assault, or battery;
Attempted or completed rape;
Inappropriate contact or touching;
Intimidation;
Hazing;
Sexually suggestive jests, innuendos, whistles, or catcalls;
Stalking.

How Does Title IX Protect Against Sexual Assault?

Under Title IX, schools are obligated to ensure that sexual violence does not impede a student’s access to education.

Title IX applies to all colleges and universities that receive federal funding, including student financial aid.
Title IX also protects all students in K-12 schools that receive federal funding.

Sexual assault and sexual abuse are forms of sex discrimination, and Title IX enshrines key protections that help students stay in school after experiencing campus sexual violence.

Students who experience sexual assault are more likely to earn lower GPAs, struggle with emotional self-regulation, and drop out of school altogether.

While student survivors can access off-campus support from hospitals or police departments, Title IX is uniquely positioned to support survivors with these accommodations and resources:

Homework extensions;
Schedule changes;
Dorm changes;
Mental health counseling;
GPA adjustments;
Student loan counseling;
No-contact order.

The Investigation Process

There are steps that are involved in an investigation under Title IX, as follows:

An initial in-person interview or via Zoom to speak with the investigator and the Title IX Officer is the first step. The Complainant will be asked to answer many questions about what happened. The Respondent separately will be asked to do the same in their own interview.
The Complainant will also be asked to provide a list of witnesses at this time.
The Complainant will be asked to submit any documentary evidence to the investigator, including written documentation, photos, audio files, screenshots, text messages, voicemails, screenshots of social media messages and posts, emails, phone records or call logs, rideshare app receipts, results from a rape kit, police report, or photos.
After the initial interview, the investigator may follow up to ask further questions after speaking with the Respondent and/or witnesses and then will send a summary statement based on how the interview questions were answered.
After Responses are given to the summary statement and Evidence by both parties, an Investigative Report (or Alternative Resolution) is given.
A live hearing will be held.
A Finding will be issued.

Resolution Processes Title IX

There are different ways to resolve a Title IX dispute.

Alternative Resolution (AR), also called “early resolution” in some schools, is a way of resolving campus Title IX cases without going through the full formal investigation and hearing process.
Informal Resolution – The informal resolution process is a voluntary, structured interaction between involved parties (complainant and respondent) to resolve the allegations following the filing of a formal complaint and prior to a formal hearing on the allegations. The informal resolution process is intended to be flexible while also providing for a full range of possible outcomes.
Formal Resolution – Disciplinary action by the College against a Responding Party may only be taken through Formal Resolution Process (FRP) which is designed to provide fundamental fairness and respect for all parties by ensuring adequate notice, an equitable opportunity to be heard, and an equitable opportunity to respond to a report under this policy. The FRP applies to complaints of violations of the Title IX Sexual Misconduct Policy, the Nondiscrimination and Harassment Policy, and the Prohibited Relationships Policy and consists of three phases – the investigation, the hearing and the appeals. Participants with documented disabilities have the right to request accommodations necessary to be able to fully participate in the FRP.

How Long Can a University Suspend Their Title IX Investigation?

Title IX complaint procedures must provide for “prompt and equitable resolution” of Title IX complaints. The district must take immediate action to eliminate the discrimination/harassment, prevent its recurrence, and address its effects.

Schools are required to act promptly and effectively to address sexual violence and harassment, as well as train employees on their obligations to report instances of sexual violence. Schools are required to conduct reliable and impartial investigations of all sex discrimination complaints. Therefore, a university cannot indefinitely suspend a Title IX investigation. Typically, a Title IX investigation should be completed within a few months, but it could take longer depending on the circumstances.

Schools must provide interim measures to ensure the safety and well-being of the complainant during this process. The complainant can ask for extensions for class projects or exams and can gather their support system, tell those they trust that they may need extra support in the coming months, and consider getting a therapist. Legal advocates like those at Equal Rights Advocates can answer questions and give guidance.

Title IX Sanctions Against Students Who Have Graduated

A student graduating prior to a finding of responsibility in a Title IX proceeding or a student who has already graduated does not limit a school’s ability to impose sanctions on a student for Title IX violations. In fact, parents and students alike are often shocked to learn that a school can revoke a graduated student’s degree. It is very important to seek legal representation to ensure the student’s rights are protected.

What Does Title IX Not Protect Against?

Title IX is primarily for educational settings and does not extend to other areas such as employment.

We all want safe and inclusive environments when we go to work or send our children off to school. It is reassuring to know that defined federal laws like Title IX are in place if they are needed.

Seeking Help and Support

If you or someone you know has experienced sex discrimination or sexual violence, the following resources should be of help:

When someone is sexually assaulted, or experiences sex discrimination or an authority figure you know and trust (your CEO, manager, coach, therapist, producer, doctor) suddenly comes on to you with a particular determination, most women become paralyzed, overcome with shock and fear.

Even if you could have said the word “no,” it was a question between you and your survival – your job, your next paycheck, your future.

It’s important to speak up, seek help, and report incidents of sexual misconduct. There are proper channels to go through, but the important thing is that the perpetrators be held accountable for their despicable and illegal conduct.

A Case for Women teams up with law firms to help women take legal action. All the attorneys we work with operate on a contingency basis.

Common Questions About Title IX

When doing research about Title IX, plenty of misconceptions and myths surround Title IX and gender equality. Some myths are as follows:

Myth #1- Title IX only applies to athletic programs. Athletics are not the only component of academic life governed by Title IX.
Myth #2 – Title IX requires that male athletic opportunities be decreased to provide opportunities for females.
Myth #3. – Title IX only applies to discrimination against women. Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.
Myth #4 – Advocates for victims of Title IX violations who file complaints of discrimination for others are not protected from retaliation under Title IX. The court is of the opinion that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.

Who Benefits Most From Title IX?

Title IX prohibits sex discrimination (including pregnancy, sexual orientation, and gender identity) in any education program or activity receiving federal financial assistance. However, by guaranteeing female students equal access to athletics, Title IX resulted in a significant increase in the percentage of young women participating in sports.

What is the Negative Side of Title IX?

There are, of course, differing opinions regarding the impact of Title IX. Several negative aspects include but are not limited to, a decrease in the number of female coaches, high rates of sexual abuse of female athletes, and elimination of successful men’s programs.

Why Do People Oppose Title IX?

As part of the backlash against the women’s movement, opposition quickly organized against Title IX. Worried about how it would affect men’s athletics, legislators and collegiate sports officials became concerned and looked for ways to limit its influence. One argument was that revenue-producing sports such as college football should be exempted from Title IX compliance. Another was that in order for schools and colleges to comply, they would have to cut men’s sports such as wrestling. Others argued that federal legislation was not the way to achieve equality or even parity. Finally, opponents of women’s rights believed that feminists used Title IX as an all-purpose vehicle to advance their agenda in the schools.

Title IX Schools

Title IX applies to all colleges and universities that receive any federal funding, including student financial aid. Title IX also protects all students in K-12 schools that receive federal funding.

Everything You Need to Know About Title IX