Title IX, the law best known for its role in gender equality in athletics and preventing on-campus sexual harassment, turns 50.
It was Signed into law by President Richard Nixon on June 23, 1972after being partially led through Congress by Rep. Patsy Mink, a Hawaiian Democrat who became the first woman of color to be elected to the US House of Representatives.
The law prohibits gender discrimination in education and, despite his age, remains an integral part of the ongoing pursuit of equality, including within the LGBTQ community.
WHAT DOES TITLE IX SAY?
The statue itself is one sentence long.
“No one in the United States shall be disqualified, denied benefits, or discriminated against on the basis of gender from participation in educational programs or activities that receive federal funding.”
Translation: The law is designed to ensure equal opportunities for men and women in education, and it is broad in scope, covering most K-12 schools and colleges and universities, as well as trade schools, libraries and museums. That means it applies to millions of students and educators.
WHAT DOES TITLE IX CONTAIN?
The law applies to multiple areas of education: athletics, classrooms, on-campus sexual assault and violence, employment, discrimination, admissions, retaliation, and even tuition financial assistance.
It has also been extended to other forms of sex and sex discrimination; Title IX was invoked when the Obama administration recommended that transgender people be allowed to use the restroom of their choice in schools.
HOW DOES TITLE IX AFFECT ATHLETICS?
In so many ways and at K-12 and mighty college levels. Women’s and men’s teams should be treated equally by law and schools should seek to expand Opportunities for women to exercise.
That doesn’t necessarily mean that every sport has exactly the same budget for equipment, facilities, travel or food. For example, the women’s tennis team might invest more money in racquets than the men’s tennis team. Sports departments operate under what is known as “equal in effect,” meaning that an advantage for a men’s or women’s team in one area can be offset in another area as long as “the overall impact of any difference is negligible.”
In hopes of ensuring compliance with Title IX, every athletic department at a college or university is required to perform annually Reports analyzing data on equity in athletics. These track attendance, coaching staff and salaries, income and expenses, including recruitment and matchday expenses.
Many Title IX athletics disputes deal with what is known as the participation gap. Sports departments must ensure that the relationship between the opportunities for men to participate in sports and the opportunities for women to participate is correct “substantially proportionate” for enrollment in a school.
For example, The University of Connecticut has settled a lawsuit after the women’s rowing team obtained an injunction against the closure. UConn has been accused of inflating rowing list numbers for women (about 20 more than would compete) in its equity report, meaning the actual ownership gap was “well above a viable team size.”
HOW DOES TITLE IX AFFECT REPORTS ABOUT SEXUAL HARASSMENT?
Title IX protections extend to sexual harassment on campusincluding dating violence, domestic violence and stalking.
The bottom line is that all students should have a learning environment free of sexual harassment. When violations occur, the law aims to help students resolve the issue, which could mean things like moving to a different dorm or removing a suspected attacker entirely from the school.
Under the new provisions of Title IX, completed in 2020, students who allege abuse can now face an in-person hearing and cross-examination by a person chosen by the alleged attacker. Those rules have been criticized by Democrats and others for not fully protecting victims and discouraging complaints The Biden administration is expected to propose new regulations soon.
The Associated Press reported that some universities have seen a decrease in the number of complaints filed with Title IX offices.
WHAT ABOUT DISCRIMINATION?
Title IX provides a broad definition of discrimination that can affect students, faculty, administrators, or employees. It also includes discrimination against pregnant women. The law was also used to outlaw discrimination against LGBTQ students and faculty.
Nothing in Title IX or its federal regulations specifically protects LGBTQ people, but the Biden administration said last year that the Laws should be interpreted to protect against discrimination based on sexual orientation or gender identity. It was based on one 2020 Supreme Court Decision ruling that LGBTQ people are protected from discrimination in the workplace.
As a result, the Department of Education said it could launch a civil rights investigation if students are prevented from using bathrooms or joining sports teams that match their gender identity.
Tennessee and several other Republican-run states filed a federal lawsuit challenging this policy; it has yet to be decided.
The Biden administration has signaled that its upcoming regulation will specifically expand Title IX to protect LGBTQ students from discrimination. If finalized as a federal regulation, it would have the force of law.
WHO OVERSERVES TITLE IX IN SCHOOLS?
Every school and college should have at least one Title IX Coordinator whose job it is to ensure that the institution complies with all parts of Title IX. Sometimes the officer is simply the principal, while many universities have entire offices dedicated to Title IX compliance.
WHAT TYPES OF COMPLAINTS CAN BE FILED?
There are two types: local and federal.
Local grievances are channeled through the School’s Title IX Coordinator or Office, which have procedures in place to handle cases of gender discrimination, sexual harassment and sexual violence. Schools can issue disciplinary measures for these complaints.
Federal complaints go to the Office of Civil Rights at the Department of Education. These investigations can take months or years. For the list of current Title IX federal investigations, see the OCR website.
Those who believe their rights have been violated can also bring their cases in federal courts through Title IX actions.
For more on the impact of Title IX, see AP’s full report:
The Associated Press education team is supported by the Carnegie Corporation of New York. The AP is solely responsible for all content.
Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, transcribed or redistributed without permission.
https://www.local10.com/news/politics/2022/06/20/explainer-what-is-title-ix-and-what-impact-has-it-had/ What is Title IX and what was its impact?