Sustainability Committee

Title IX applies to any institution (public or private) receiving federal financial assistance from the Department of Education, including state and local educational agencies. Educational programs and activities that receive federal funds from the Department of Education must operate in a manner. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, testified or participated in any complaint action under Title IX. 

Sexual harassment, including sexual violence, is a kind of sex discrimination and is prohibited by Title IX.

*** The Office of Civil Rights (OCR) of the U.S.Department of Education enforces Title IX.  Anyone may file an OCR complaint, and the identity of the party who files the complaint will be kept confidential. ***

TITLE IX IN COLLEGIATE ATHLETICS

From the NCAA: Athletics programs are considered educational programs and activities. There are three basic parts of Title IX as it applies to athletics: 

1. Participation: Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;                          
2. Scholarships: Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation; and                          
3. Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provisions of: (a) equipment and supplies; (b) scheduling of games and practice times; (c) travel and daily allowance/per diem; (d) access to tutoring; (e) coaching, (f) locker rooms, practice and competitive facilities; (g) medical and training facilities and services; (h) housing and dining facilities and services; (i) publicity and promotions; (j) support services and (k) recruitment of student-athletes.

The first provision above, PARTICIPATION, may be met in 3 different ways (THE THREE PRONGS):

1. Provide participation opportunities for women and men that are substantially proportionate to their respective rates of enrollment of full-time undergraduate students;
2. Demonstrate a history and continuing practice of program expansion for the underrepresented sex;
3. Fully and effectively accommodate the interests and abilities of the underrepresented sex.

COMPLIANCE

Title IX compliance is assessed through a total program comparison. In other words, the entire men’s program is compared to the entire women’s program, not just one men’s team to the women’s team in the same sport.

Under Title IX there are no sport exclusions or exceptions. Individual participation opportunities (number of student-athletes participating rather than number of sports) in all men’s and women’s sports are counted in determining whether an institution meets Title IX participation standards. The basic philosophical underpinning of Title IX is that there cannot be an economic justification for discrimination. The institution cannot maintain that there are revenue productions or other considerations that mandate that certain sports receive better treatment or participation opportunities than other sports.

Is your school in compliance with Title IX?  CHECK AT THIS EASY TO USE DATBASE

THE EQUITY IN ATHLETICS DISCLOSURE ACT

The Equity in Athletics Disclosure Act requires all colleges and universities to report each year on athletics participation numbers, scholarships, program budgets and expenditures, and coaching salaries by gender. Information may be obtained by contacting your institution’s athletics department and requesting this information. You can also find data from all institutions by going to  https://ope.ed.gov/athletics.

The results are identified by gender, and a reader may use this information to assist in assessing an institution’s compliance with Title IX. 

Women’s Sports Foundation open letter to College Administrators and Athletic Directors:

Julie Roe Lach, of Church Church Hittle + Antrim, a group of attorneys with NCAA national office experience who advise institutions and individuals on Title IX matters.

OFFICE OF CIVIL RIGHTS 

The Office of Civil Rights is within the umbrella of the U.S. Department of Education and is the office that enforces Title IX compliance.  

OCR website –  www2.ed.gov

“OCR’s mission is to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation’s schools.”

• Serve student populations facing discrimination, and advocates and institutions promoting systemic solutions to CR problems.

• Resolve complaints of discrimination by initiating compliance reviews of institutions
• Provide technical assistance to help institutions achieve voluntary compliance.
• Enforce laws that prohibit discrimination under 
  • Title VI of the Civil Rights Act (racial discrimination), 
  • Title IX of the Education Amendment (sexual discrimination), 
  • Section 504 of the Rehabilitation Act
  • Americans with Disabilities Act
  • Age Discrimination Act.
  • Boy Scouts of America Equal Access Act

A COMPLAINT OF DISCRIMINATION CAN BE FILED BY ANYONE WHO BELIEVES THAT AN EDUCATION INSTITUTION THAT RECEIVES FEDERAL FINANCIAL ASSISTANCE HAS DISCRIMINATED AGAINST SOMEONE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE.

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.

You may contact the OCR headquarters office in Washington D.C. or the OCR enforcement office serving your state or territory, to file a complaint or need assistance to prevent a civil rights problem, or other assistance or education by using this link.  

To begin an assessment of your claim as well as access resources on filing the complaint, go to https://ocrcas.ed.gov/  

Many Q & A topics and information  

Locations and areas of responsibility of the National OCR offices: