Title IX Policy

Title IX

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“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.”

Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies. Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, testified or participated in any complaint action under Title IX.

Title IX applies to education programs or activities that receive federal financial assistance (“recipients”) and specifically prohibits discrimination on the basis of sex, including sexual harassment. Until now, there have been no binding federal regulations related to sexual harassment under Title IX, only administrative guidance issued by the DOE’s Office for Civil Rights.

The final regulations dramatically expand the requirements for Title IX grievance procedures, which will require significant policy and procedure revisions, training, and time to implement.

Below are a few of the new changes:

• Narrowing the definition of sexual assault under Title IX
• Limiting the obligation to investigate complaints only to conduct that occurred in the school’s program or activity (and not to unrelated off campus conduct)
• Mandatory response obligations of schools (i.e., providing supportive measures)
• A change to the standard for school liability
• More detailed grievance procedures that will alter the way schools process and respond to complaints
• Hearings are optional, written questions required (for K-12 Schools)
• Schools may choose what standard of evidence to use (e.g. preponderance of evidence v. clear and convincing)
• Schools must offer both parties an appeal from a determination regarding responsibility