Title IX of the Education Amendments of 1972 prohibits sex discrimination in education. It has been used to promote equity in education by making sure that girls and women receive equal resources and treatment in the classroom and forging the way for the establishment of women's athletic programs. Title IX holds schools liable for sex discrimination, including sexual harassment and sexual assault.
What does Title IX say?
Title IX states,
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 educational program or activity receiving federal financial assistance.
Why does Title IX exist?
Congress enacted Title IX to prohibit sex discrimination in any education program or activity — public or private — receiving federal funds. The Department of Education’s Office for Civil Rights (OCR) is the primary federal agency responsible for enforcing Title IX, and it has developed regulations that require education programs to take steps to prevent and address sex discrimination.
How does Title IX protect me?
Title IX's prohibition against sex discrimination is broad, protecting students, faculty, and staff in federally funded education programs. The law applies to every aspect of the program, such as admissions, recruitment, academics, employment, athletics, and student services. Notably, Title IX's broad prohibition against sex discrimination also includes sexual harassment. (Sexual harassment is defined as unwelcome conduct of a sexual nature. Sexual assault and rape are severe types of sexual harassment.) The U.S. Supreme Court held in Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), that Title IX requires schools to be responsible for addressing and remedying student-to-student harassment.
What does a student need to prove to hold a school liable for damages for sexual harassment and assault under Title IX?
When students sue their schools under Title IX to get monetary damages for pain and suffering resulting from sexual harassment, they must prove that school officials actually knew about the harassment and were deliberately indifferent to it and that the harassment was so severe, pervasive, and objectively offensive that it limited the student's educational opportunities or benefits. When a student-plaintiff seeks to hold a school liable for monetary damages for its response to a sexual assault, the student-plaintiff must prove that the school's response, or lack thereof, was unreasonable in light of known circumstances (see Davis v. Monroe County Board of Education). According to the decision in Kelly v. Yale University, Civ.A. 3:01-CV-1591, 2003 WL 1563424 (D. Conn. 2003), strict adherence to school policies does not guarantee the school immunity under Title IX.
When a student-plaintiff seeks to hold a school liable for failing to prevent sexual assault or for fostering a sexually hostile environment, he or she must prove that the school had actual notice of the harassment or of a substantial risk of sexual harassment. Some courts have required actual notice of a specific risk (e.g., prior complaints about a specific individual or prior threat directed toward a specific student), while other courts have required only actual notice of a general risk (e.g., complaints about an athletic team or fraternity rather than a specific individual).
What can the U.S. Department of Education do?
The U.S. Department of Education Office of Civil Rights can find a school in violation of Title IX for sexual harassment and assault. OCR has issued a policy guidance that explains a school's responsibilities under Title IX to recognize and effectively respond to sexual harassment of students. A student may file an administrative complaint with OCR under Title IX. OCR will investigate the complaint to determine whether the school violated Title IX.
What cases provide more information about Title IX and sexual harassment?
Key Supreme Court Cases
Title IX Sexual Harassment and Assault Cases Supported by LAF
What you should do if you're a victim of sexual harassment or sex discrimination on campus.
Note: All resources were verified September 28, 2004.
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