Title Ix: Understanding Its Impact And Influence On University Students

Title IX is a federal law that prohibits sex and gender-based discrimination in education programs and activities that receive federal funding. It was enacted in 1972 as an amendment to the Civil Rights Act of 1964 and applies to all levels of education, from elementary schools to universities. The law requires educational institutions to maintain policies, practices, and programs that do not discriminate against anyone based on sex, and it covers a wide range of areas, including recruitment, admissions, courses, financial aid, facilities, and athletics. Title IX is not just about athletics, and it protects both male and female students from sexual harassment and discrimination. Compliance with Title IX is enforced by the Office of Civil Rights, and schools that violate the law can face penalties, including the loss of federal funding.

Title IX and sexual violence on campus

History

Sexual Violence on Campus

Sexual violence on college campuses in the United States is a serious health and safety problem that must be immediately and effectively addressed. It is estimated that one in five women in the U.S. are sexually assaulted during their college years, with only 12% of those assaults reported. Sexual violence can impact anyone, regardless of age, race, ethnicity, gender, or sexual orientation, and in most cases, individuals are assaulted by someone they know.

Reporting Sexual Violence

If a student has faced sexual harassment or sexual violence on campus, they can report the incident to their school, and the school must take steps to stop the harassment and prevent its recurrence. Students can also file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR) if they believe their school has failed to investigate complaints or protect its students. Additionally, students may file a police report about the incident, but this is not required and their rights under Title IX will not be affected by their decision.

Campus Response

In response to the growing problem of sexual violence on campus, many colleges and universities have created comprehensive plans to educate faculty, staff, and students about Title IX guidelines. These plans focus on appropriate conduct, grievance procedures, and training modules, allowing for true collaboration among campus administration, faculty, and students.

Title IX and gender equality in athletics

The law has been particularly impactful in the realm of athletics, where it has been instrumental in levelling the playing field for female athletes. Prior to Title IX, female athletes did not have the same privileges as their male counterparts in higher education. The law now requires schools that receive federal funding to provide equal opportunities for athletes of all genders. This includes ensuring fairness in athletic scholarships, equipment, facilities, coaching, publicity, recruitment, and more. It is important to note that Title IX is not a quota system; instead, it focuses on ensuring that athletic opportunities are substantially proportionate to the ratio of male and female athletes. For example, in terms of scholarships, the amount of athletic aid should be distributed proportionally based on the number of male and female athletes.

In addition to scholarships, Title IX also mandates equal treatment in various other aspects of athletic programs. This includes coaching, equipment and supplies, practice and game times, locker rooms, medical and training facilities, travel per diem allowances, tutoring opportunities, and more. Compliance with Title IX is based on quality rather than quantity. As long as athletic teams receive equipment of comparable quality, the actual amount spent may differ between men's and women's programs. However, a violation occurs when there is a significant disparity in the quality of facilities provided to male and female athletes, such as a state-of-the-art field and locker rooms for males, while female athletes are required to share a field owned by an external entity.

Title IX and sexual harassment

If a school is found to be in violation of Title IX, it may lose federal funding. However, no school has actually lost its funding, although many cases have been litigated in court.

Title IX and discrimination in education

> 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.

This law is at the heart of efforts to create gender-equitable schools and requires educational institutions to maintain policies, practices, and programs that do not discriminate against anyone based on sex. It covers a wide range of areas, including recruitment, admissions, educational programs and activities, course offerings and access, counseling, financial aid, employment assistance, facilities, and housing.

To comply with Title IX, schools must be proactive in ensuring their campuses are free from sexual-based discrimination, harassment, or violence. This includes creating and upholding policies and practices that ensure gender equality in all capacities. While Title IX is often associated with athletics, it is not a quota system and is intended to ensure equality for both males and females. Schools can demonstrate fairness in athletic opportunities in several ways, including providing substantially proportionate athletic opportunities and a full and effective accommodation of the interests and abilities of the underrepresented sex.

Title IX and the rights of pregnant students

Harassing a student because of pregnancy or related conditions is also a violation of Title IX. This includes verbal acts, name-calling, graphic or written statements, and other conduct that may be humiliating or physically threatening. Schools must take prompt and effective steps to address and prevent such harassment and eliminate any hostile environment created.

To support pregnant and parenting students, schools can provide direction in coordinating education, childcare, and healthcare. They can also combat myths surrounding pregnancy and parenting, offer guidance and counseling, and provide information about available programs and services. These efforts can help encourage pregnant and parenting students to stay in school and maintain their academic progress.

Frequently asked questions