Title IX Compliance

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits sex discrimination in an institution’s education programs and activities. See 20 U.S.C. Section 1681, et seq.

In addition, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act” or “Clery”) — as amended by the 2013 Reauthorization of the Violence Against Women Act — requires institutions participating in federal financial aid programs to maintain and disclose campus crime statistics and security information and also includes mandates for institutional policies, procedures, and educational programming for prevention of and response to sex-based crimes. 20 U.S.C. Section 1092(f); 34 C.F.R. Section 668.46.

Sex-based harassment and violence—including sexual harassment, sexual assault, dating and domestic violence, and stalking—are forms of prohibited sex discrimination which trigger institutional obligations under Title IX and the Clery Act.

Title IX’s prohibition on sex discrimination applies to all campus community members (i.e., students and employees) and includes other participants in institutional programs and activities, such as visitors or vendors.

In its most basic form, Title IX requires schools that receive federal funds to appropriately respond to and redress reports of sex discrimination occurring in their programs and activities.

In addition to the myriad harms created by sex discrimination, institutions that tolerate, inadequately address or are deliberately indifferent toward sexual harassment may be subject to loss of federal funds and/or may be liable for money damages under Title IX of the Civil Rights Act.

The U.S Department of Health, Education, and Welfare, which became the U.S. Department of Education (“ED” or the “Department”) in 1979 and its Office for Civil Rights (“OCR”) initially issued regulations implementing Title IX in 1975. See 34 C.F.R.   Section 106.1, et seq.

From a high-level perspective, these regulations require covered educational institutions to:

1. Disseminate a notice of non-discrimination (i.e., a Title IX policy);

2. Designate at least one employee to coordinate efforts to comply with and carry out its responsibilities under Title IX (i.e., a Title IX Coordinator); and

3. Adopt and publish grievance procedures providing for the prompt and equitable resolution of complaints of sex discrimination. 34 C.F.R. Section 106.8 and 106.9.