TITLE IX
and
SEX DISCRIMINATION

U. S. Dept. of Education, Office for Civil Rights

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs or activities which receive federal financial assistance.

 

TITLE IX

Discrimination in educational institutions and agencies is against the law. Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which 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 program or activity receiving Federal financial assistance ....

The United States Department of Education (DOE) maintains an Office for Civil Rights (OCR), with ten regional offices and a headquarters office in Washington, D.C., to enforce Title IX. Contact information for the OCR is given below.

EDUCATION PROGRAMS AND ACTIVITIES COVERED BY TITLE IX

Agencies and institutions which receive DOE funds that are covered by Title IX include: 50 state education agencies, their subrecipients, and vocational rehabilitation agencies; the education and vocational rehabilitation agencies of the District of Columbia and of the territories and possessions of the United States; 16,000 local education systems; 3,200 colleges and universities; 10,000 proprietary institutions; and other institutions, such as libraries and museums, that receive DOE funds.

Programs and activities which receive DOE funds must operate in a non-discriminatory manner. These may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing, and employment. Also, a recipient may not retaliate against any person because he or she opposed an unlawful educational practice or policy, or made charges, testified, or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The DOE Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide a detailed discussion of discrimination prohibited by Title IX.

THE OFFICE FOR CIVIL RIGHTS ENFORCES TITLE IX

The Office for Civil Rights (OCR) in DOE is responsible for enforcing Title IX. OCR's responsibility to ensure that institutions which receive DOE funds comply with Title IX is carried out through compliance enforcement. The principal enforcement activity is the investigation and resolution of complaints filed by people alleging sex discrimination. Also, through a compliance review program of selected recipients, OCR is able to identify and remedy sex discrimination which may not be addressed through complaint investigations. Compliance reviews differ from complaint investigations in that OCR has discretion in selecting the institutions for review to assess their compliance with Title IX.

Given the large number of institutions under its jurisdiction, OCR is unable to investigate and review the policies and practices of all institutions receiving DOE financial assistance. Therefore, through a program of technical assistance, OCR provides guidance and support to recipient institutions to assist them in voluntarily complying with the law. OCR also informs beneficiaries of Title IX, such as students and applicants for admission to academic programs, of their rights under Title IX.

OCR has investigated and worked with state and local officials to resolve many kinds of civil rights problems, including the following:

• In some university athletic programs, providing female athletes less than their fair share of the funds available for athletic scholarships.
• In some colleges, providing female teachers less pay than their male counterparts in similar teaching positions.
• In some school systems, discriminating against women in selection for certain administrative positions, such as that of school principal.

 

HOW TO FILE A DISCRIMINATION COMPLAINT WITH OCR

Anyone who believes there has been an act of discrimination on the basis of sex, against any person or group, in a program or activity which receives DOE financial assistance, may file a complaint with OCR under Title IX. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group. A complaint should be sent to the OCR regional office that serves the state in which the alleged discrimination occurred (A link to these offices is given below.) A complaint must be filed within 180 days of the date of the alleged discrimination, unless the time for filing is extended for good cause by the appropriate Civil Rights Director. If you have also filed a complaint under an institutional grievance process, see the time limit discussed in the second following paragraph. Complaint letters should explain who was discriminated against; in what way; by whom or by what institution or agency; when the discrimination took place; who was harmed; who can be contacted for further information; the name, address, and telephone number of the complainant(s) and the alleged offending institution or agency; and as much background information as possible about the alleged discriminatory act(s). OCR offices may be contacted for assistance in preparing complaints. OCR never reveals to an institution under investigation the identity of the person who filed the complaint unless the person first gives OCR written consent to do so.

If an investigation indicates that there has been a violation of Title IX, OCR attempts to obtain voluntary compliance and negotiate remedies. Only when it cannot obtain voluntary compliance does OCR initiate enforcement action. Enforcement usually consists of referring a case to the Department of Justice for court action, or initiating proceedings before an administrative law judge to terminate federal funding to the recipient's program or activity in which the prohibited discrimination occurred. Terminations are made only after the recipient has had an opportunity for a hearing before an administrative law judge and after all other appeals have been exhausted.

Prior to filing a complaint with OCR against an institution, a potential complainant can find out what the institution's grievance process is and utilize that process to have the complaint addressed and resolved. A potential complainant is not required by law to utilize the institutional grievance procedure before filing a complaint with OCR. However, in some institutions, filing a complaint with OCR precludes any further use of the institutional grievance procedures. Thus, it is important to know what effect, if any, filing a with OCR will have on utilizing the institutional grievance process to address complaints of sex discrimination. If a complainant uses an institutional grievance process and also chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after the last act of the institutional grievance process

WHERE TO REQUEST ADDITIONAL INFORMATION OR FILE A COMPLAINT

Each office is responsible for enforcing Title IX in the state(s) and/or territories under which it is listed. If you wish additional information about Title IX, or a copy of the regulations which detail the requirements of Title IX, contact the OCR office which serves your state or territory

If you wish to file a complaint about an alleged discriminatory action by a recipient institution in your state or territory, write to the appropriate OCR office and follow the instructions stated in the preceding section, How to File a Discrimination Complaint with OCR.

Link to the OCR Resources page.

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U.S. Department of Education
Office for Civil Rights
March 1997  
Reprinted by the CSULB
Office of Equity and Diversity.
1/98