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.

TITLE IX FAQ

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What is Title IX?

 

Title IX is a federal law that prohibits any educational institution that receives federal financial assistance (such as grants or student loans) from discriminating on the basis of sex (i.e. gender).

Are all school districts, colleges, and universities covered by Title IX?

 

Generally, yes. All public school districts, public colleges and universities, and virtually all private colleges and universities are covered by Title IX because they receive some form of federal financial assistance and operate educational programs, for example, by participating in federal student aid programs. Title IX does not apply to some private institutions because they do not receive any federal assistance. Additionally, some schools are specifically exempt from certain parts of Title IX, such as an educational institution that is controlled by a religious organization, but only to the extent the application of Title IX would not be consistent with the religious tenets of such organization.

 

Are all programs in a school, college, or university covered by Title IX if any part of it receives federal financial assistance?

 

Yes. Title IX covers all the operations of a school or college that receives financial assistance, including academics, extracurricular activities, athletics, and other programs. Title IX applies to actions of a school or college regardless of where they occur, including those that take place in the facilities of the school, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere off campus.

 

Does Title IX protect only students?

 

No. Title IX protects all persons from discrimination, including parents and guardians, students, and employees.

 

What is sex-based harassment?

 

Sex-based harassment can take multiple forms. Harassers can be students, school staff, or even someone visiting the school, such as a student or employee from another school. Sexual harassment (including sexual violence) and gender-based harassment are forms of sex-based harassment.

What is Sexual Harassment?

Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.

What is Sexual Violence?

Sexual violence is a form of sexual harassment. Sexual violence, as OCR uses the term, refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

What is Gender-Based Harassment?

Gender-based harassment is unwelcome conduct based on a student’s actual or perceived sex. It includes slurs, taunts, stereotypes, or name-calling, as well as gender-motivated physical threats, attacks, or other hateful conduct.

What are the responsibilities of school districts, colleges, and universities under Title IX to address sex-based harassment?

Title IX requires an educational institution to respond to sex-based harassment that is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the recipient’s education programs and activities (i.e., creates a hostile environment).

When an educational institution knows or reasonably should know of possible sex-based harassment, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that the harassment created a hostile environment, the educational institution must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.

Why do colleges and universities investigate sexual harassment and sexual assault?

Under Title IX, schools that wish to retain federal funding are required to investigate any allegation of sexual harassment or assault that occurs in their programs and activities. In some cases, this includes off-campus locations. ​

What due process protections am I afforded if I am charged with campus misconduct involving sexual assault?

Not a lot or none at all. Whatever “due process” that is afforded does not remotely compare to the due process protections provided to persons accused of the same conduct in criminal courts. Public universities must provide some due process protections. Private colleges and universities are only obligated to provide the “process” promised in their student disciplinary guidelines.

What is the standard of proof that colleges and universities apply to their investigations and determinations of sexual assault claims? How does that compare to the standard of proof in criminal cases?

The standard of proof applied by colleges and universities in Title IX investigations is “Preponderance of the Evidence.” This is one of the lowest standards of proof (i.e. the greater weight of the evidence). The standard of proof applied in criminal cases is proof “Beyond a Reasonable Doubt.” This is the highest burden of proof (e.g. no other logical explanation can be derived from the evidence except the defendant’s guilt).