Liability Under Title IX: Parties and Standards

Title IX is a federal law that prohibits sex-based discrimination in educational programs or activities receiving federal funding. It ensures equal access to education opportunities. It also covers areas such as sports, admissions, and employment. Schools can be held liable if they are deliberately indifferent to sexual harassment or discrimination.

Any public school or university that receives federal funding is required to abide by Title IX of the Education Amendments of 1972. Generally, this means schools must not discriminate against anyone on the basis of gender. This includes students, staff, and other parties. Title IX is a federal law that protects people from discrimination based on sex. It prevents discrimination in education programs or activities that receive federal financial assistance. Congress passed it to make sure everyone has equal education opportunities, no matter their sex.

In practice, Title IX ensures that a student's (or applicant's) status is not influenced by their gender. It also ensures equal access to sports and other school-sponsored activities. When a school violates Title IX provisions, certain parties may be held liable for discrimination. This law covers a wide range of issues, including sexual harassment and sexual assault, in schools and colleges. The U.S. Supreme Court and lower courts have made decisions that shape how Title IX is applied. These decisions focus on preventing harm and ensuring fair treatment for all students.

This article focuses on liability under Title IX. It includes those who may be liable and which standards can determine liability. See Title IX and Sex Discrimination in Amateur Athletics and Title IX Claims by Student-Athletes and Coaches for more details.

The Purpose of Title IX

The purpose of Title IX is to end sex-based discrimination in any educational program or activity that receives federal financial help. This ensures that no person is denied access to educational opportunities or benefits on the basis of sex. This landmark legislation, enacted by Congress in 1972, aims to promote gender equality in education. It covers a wide array of aspects including admissions and financial aid for athletics and employment.

Educational institutions must address issues of sexual assault and sexual harassment of students. They must respond promptly and effectively under Title IX. This legislation seeks to create a safe and inclusive environment for students and staff alike. It represents a commitment to ensuring that everyone, regardless of their gender, has equal access. They should have equal access to the full range of educational programs and activities.

Who Can Be Held Liable Under Title IX?

Under Title IX, educational institutions can be liable in certain situations. For example, suppose they knew about sexual harassment of students. Despite this, they fail to respond with deliberate indifference. In this situation, the school's response is clearly unreasonable and can be held liable. School officials, like the Title IX coordinator, must take immediate and appropriate steps. They have to investigate and fix any issues. If they don't act on actual knowledge of harassment, they're not following the law. Even the Department of Education can step in to enforce Title IX regulations and ensure schools take corrective action.

Title IX amounts to a contract between the government and the funding recipient (schools receiving federal funds). This includes elementary schools, middle schools, and high schools. It also includes both undergraduate and graduate colleges and universities. They all must follow Title IX if they receive federal funding and wish to continue receiving it. Yet, schools may be exempt if they have had a continuous policy and tradition of admitting students of only one gender. Some students prefer single-gender schools. Federally funded schools are also exempt from Title IX suits in certain situations. These are lawsuits arising from claims over jobs in which sex is a bona fide occupational qualification, such as those hired to clean or check on locker rooms.

School boards, school districts, and colleges are the most common recipients of federal funding. So, they are also the most common targets of Title IX lawsuits. Title IX supersedes the state's Eleventh Amendment immunity in this area of law. State governments themselves may also be sued in federal court for discrimination. This may occur at one of their federally-funded, state-sponsored academic institutions.

Who Is Protected by Title IX?

Title IX protects students, employees, and other individuals involved in education programs. It protects them from discrimination on the basis of sex, including sexual harassment and sexual assault. This includes students in K-12 schools, higher education institutions, and other education programs. The only restriction is that the school must receive federal funding. Both the complainant and the respondent have rights under Title IX. Protections apply to female students, male students, and students of any other gender identity. This ensures everyone has the same educational opportunities and benefits.

Title IX bars sex discrimination in any interscholastic or intercollegiate program, including intramural, or club athletic programs. The program must be offered by a federally funded academic institution. This prohibition has two prongs. First, it prohibits sex discrimination against students including students participating in or seeking to take part in a school-sponsored sport.

Second, it prohibits sex discrimination against persons employed with a school-sponsored athletic program. It also includes people seeking employment with these organizations. This includes athletic directors, athletic coordinators, coaches, and physical therapists. It also includes trainers or any other job within a school's athletic program.

Factors Considered When Evaluating Title IX Claims

When courts look at Title IX claims, they consider several factors. The law requires institutions to guarantee equal opportunity for everyone, regardless of gender. There are ten specific factors courts consider to ensure this obligation is met:

1. The particular sports and levels of competition selected by an institution to accommodate members of both sexes
2. The quality and quantity of equipment and supplies that are provided to teams of each gender
3. The scheduling of games and practice time
4. Travel and per diem allowances
5. Opportunities to receive coaching and academic tutoring
6. Compensation of coaches and tutors
7. Provision of locker rooms, as well as practice and competitive facilities
8. Provision of medical and training facilities and services
9. Provision of housing and dining facilities and services
10. Publicity afforded to each gender's athletic programs

Schools must have clear grievance procedures. They need to promptly respond to any complaints and must take corrective measures to stop any hostile environment. They must stop the harassment and take steps to prevent it from happening again.

Gender Equality in Collegiate Sports

Title IX has been crucial in promoting gender equality in collegiate sports. It helps ensure all students have the same opportunities to take part in athletics and other activities. Schools must provide equal athletic opportunities, equipment, and training facilities. It also includes scholarship funds for all student-athletes.

The circumstances of each case determine how much weight is allotted to a given factor in resolving Title IX disputes. Nonetheless, a significant part of litigation has focused on the first factor. Courts will typically ask three questions when evaluating accommodations:

1. Does the number of athletic opportunities provided for males and females proportionately represent their respective enrollments to a substantial degree?
2. Does the academic institution have a history of expanding programs to accommodate female interests and abilities in sports?
3. If so (question #2), has that institution fully and effectively accommodated those interests and abilities?

The standard for these cases is a preponderance of the evidence. If this is found, the defendant will generally prevail. Plaintiffs are more likely to prevail when the defendant has a poor or inconsistent record on these issues.

Important Title IX Liability Cases

Important Title IX liability cases have significantly shaped how the law is applied and understood today. The Supreme Court, district courts, and courts of appeals play pivotal roles. They interpret and enforce Title IX standards.

One landmark Supreme Court decision, Davis v. Monroe County Board of Education (1999), established a critical liability standard for schools. The court held that educational institutions can be held liable for acts of student-on-student harassment. This is true when the institution is deliberately indifferent to known acts of harassment. This case emphasized the need for school employees to take disciplinary action. They must respond effectively to allegations of sexual harassment, including quid pro quo situations.

Additionally, Supreme Court decisions have affirmed the private right of action under Title IX. This case allows victims of discrimination based on sex to sue educational institutions for damages. These cases have underscored the responsibilities of schools under Title IX. They ensure that they maintain a safe environment for all students, free from sexual harassment and discrimination.

How To Report a Title IX Violation

Reporting a Title IX violation involves several steps. First, contact your school's Title IX coordinator. Every school that receives federal financial funding must have one. Provide them with a detailed account of the violation through a formal complaint.

If the school's response is not satisfactory, you can file a complaint with the Department of Education's Office for Civil Rights (OCR). The OCR investigates violations and can require schools to take corrective action. Remember, it's important to document all incidents and communications related to the violation, as this information can be crucial in resolving your case.

Understanding Title IX and its protections is crucial. It helps create a safe and equitable educational environment. By knowing how to report violations and seek legal help, individuals can take important steps toward ensuring their rights and the rights of other students are respected and upheld.

Getting Legal Help

If someone believes they've been discriminated against under Title IX, it's important to report the incident. Lawyers with experience in education law can guide you through the process of filing a formal complaint. They can also help you understand your rights and options. This can include filing a lawsuit for monetary damages or other corrective measures. Consult with an education law attorney to get the help you need.