What is Title IX?
Although Title IX is commonly associated with sex-based discrimination in athletics, the law is much broader. Title IX of the Education Amendments of 1972 is a federal law that provides: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.
Title IX prohibits discrimination on the basis of sex in any program or activity including, but not limited to:
- Educational programs or activities, e.g., student services, academic counseling, discipline, classroom assignment, grading, athletics, recreation and study abroad;
- Admission and recruitment, e.g., financial aid, housing;
- Medical services, including psychological counseling;
Unlawful Discriminatory Practices Under Title IX:
- SEXUAL HARASSMENT (unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature)
- SEXUAL MISCONDUCT (rape, sexual assault, sexual battery, sexual exploitation and other forms of non-consensual sexual activity)
- NON-CONSENT (or attempts to commit same); Consent is clear, knowing and voluntary. Persons who are minors, mentally disabled, and/or under the influence of alcohol, marijuana, or other illegal or legal controlled substances at the time they are subjected to the sexual act shall be presumed incapable of effective consent.
- STALKING (repeatedly following, harassing, threatening or intimidating including by telephone, mail, electronic communication or social media)
- DATING VIOLENCE (including emotional, verbal, economic abuse, and or physical abuse)
- DOMESTIC VIOLENCE (including emotional, verbal, economic abuse, and or physical abuse)
- RETALIATION (adverse employment, academic or other actions against anyone reporting or participating in an investigation of Title IX allegations)
Title IX Applied to Athletics
- Requires that female athletes receive equal opportunity in sports participation.
- Requires that female athletes receive athletic scholarship dollars proportional to their participation.
- Requires equal treatment in the provision of (a) equipment and supplies, (b) scheduling of games and practice times, (c) travel and daily allowance, (d) access to tutoring, (e) coaching, (f) locker rooms, (g) practice and competitive facilities, (h) medical and training facilities and services, (i) publicity and promotions, (j) recruitment of student athletes, and (k) support services.
Title IX Applied to Pregnant and Parenting Students
Your college must:
- Allow continued participation in classes and extracurricular activities.
- Provide reasonable adjustments, like a larger desk, elevator access, or frequent breaks using the restroom, when necessary because of pregnancy. Documentation provided by a physician may be required for accommodations.
- Allow excused absences due to pregnancy or related medical condition for as long as deemed medically necessary by the student's physician. Documentation provided by a physician is required. However, some coursework is not amenable to adjustment to attendance policy and may require taking an incomplete and or dropping the class and retaking later. Attendance flexibility does not give students the license to miss unlimited classes or the majority of class time for the semester.
- Allow return to the same academic and extracurricular status as before any medical leave began, which should include giving the student the opportunity to make up any work missed while out on medical leave.
- Ensure that instructors understand the Title IX requirements related to excused absences/medical leave.
- Provide pregnant students with the same special services it provides to students with temporary medical conditions.
For more information about Title IX, visit the U.S. Department of Education’s website.