Title IX of the Education Amendments, 20 U.S.C. §1681-§1688, is a federal civil rights statute that makes discrimination on the basis of sex unlawful within federally funded educational programs.
“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…” 20 U.S.C. §1681. The statute itself is deceivingly simple and there is an extensive set of regulations issued by the U.S. Department of Education which precisely define sex discrimination and provide a roadmap for schools to stay compliant.
Title IX protects individuals from sex discrimination, including hostile environments created by such discrimination. Sexual harassment and assault are prohibited forms of sex discrimination. Furthermore, individuals are protected based upon sex, as well as sexual orientation, gender identity, sex characteristics, and pregnancy or related conditions.
All federally funded schools must have in place a complaint process. The mandated complaint process is outlined within Title IX’s implementing regulations, 34 C.F.R. Part 106, to assure that discrimination complaints are investigated properly and in an unbiased manner. Complainants and respondents are entitled to supportive measures, as appropriate, while a complaint is being handled. If the investigation reveals that discrimination has occurred, the educational agency must take corrective action. Corrective action must be prompt and effective in ending any sex discrimination that occurred. Employee training requirements are also included within Title IX regulations.
Title IX regulations were amended in 2020 and, more recently, in 2024. New regulations go into effect August 1, 2024. Time will give us a better understanding of how these important regulations operate in action.
If you have Title IX concerns, contact our office for a free consultation: info@zundellawpgh.com or 412-212-8356.
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