Frequently Asked Questions
What is Title IX?
Title IX of the Education Amendments Act of 1972 is a federal law that 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."
How is Title IX applied to athletics?
- Athletic programs are considered educational programs and activities. there are
three basic parts of Title IX as it applies to
1) Participation: Title IX requires that women and men be provided equitable
opportunities to participate in sports. Title IX
does not require institutions to offer identical sports but an equal opportunity to play;
2) Scholarships: title IX requires that female and male student-athletes receive
athletic scholarship dollars proportional to
their participation; and
3) Other benefits: Title IX requires the equal treatment of female and male student
athletes in the provisions of: (a)
equipment and supplies; (b) scheduling of games and practice times; (c) travel and daily allowance/per diem; (d) access to
tutoring; (e) coaching, (f) locker rooms, practice and competitive facilities; (g) medical and training facilities and services; (h)
housing and dining facilities and services; (i) publicity and promotions; (j) support services, and (k) recruitment of student
Does Title IX apply only to athletics?
Although it is the application of Title IX to athletics that has gained the greatest
public visibility, the law applies to every single aspect of education, including
course offerings, counseling and counseling materials, financial assistance, student
health and insurance benefits and/or other services, housing, marital and parental
status of students, physical educationand athletics, education programs and activities,
Who is responsible for enforcing Title IX?
Institutions are responsible for complying with federal laws. The Office for Civil Rights (OCR) of the U.S. Department of Education enforces title IX. OCR has the authority to develop policy on the regulations it enforces. In regard to athletics programs, OCR developed an Intercollegiate Athletics Policy Interpretation that was issues December 11, 1979. The 1979 Policy Interpretation remains a current policy. on April 2, 1980, OCR issues an athletics policy document called "Title IX Athletics Investigator's Manual" that has assisted athletics departments with enforcement and compliance issues with Title IX. Anyone may file an OCR complaint, and the identity of the party who files the complaint will be kept confidential.
What is the purpose of Title IX as it relates to sexual misconduct?
Title IX is about eliminating threatening or abusive behavior, preventing the recurrence of these behaviors, and addressing the effects through support and resources. Title IX is about creating an equitable system for adjudicating cases and, ultimately, creating ac ommunity where sexual misconduct will not be tolerated so that all community members can thrive.
What is an OCR Investigation?
The U.S. Department of Education’s Office for Civil Rights (OCR) is responsible for enforcing Title IX and investigates complaints involving discrimination on the basis of sex in education programs and activities operated by institutions that receive federal financial assistance. An open investigation does not mean that OCR has made a determination about the merits of a complaint.
- More detailed information about the federal process to address OCR complaints is available here.
- The Chronicle of Higher Education also publishes information about OCR investigations here.
What is Sexual and Gender-Based misconduct?
Sexual and Gender-Based misconduct includes a broad range of unwelcome behaviors focused on Sex and/or gender that may or may not be sexual in nature. Sexual and Gender-Based misconduct encompasses sexual harassment, sexual assault, sexual exploitation, stalking, domestic violence, dating violence, intimidation, or for Retaliation following an incident where an alleged Sexual and Gender-Based misconduct has occurred.