Understanding Title IX and the New Sexual Harassment Regulations for School Boards

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TITLE IX AND AREAS OF DISCRIMINATION BASED ON SEX AND GENDER DISCRIMINATION IN ADMISSION AND TREATMENT: AN OVERVIEW OF TITLE IX Title IX is the portion of the Education Amendments of 1972 that prohibits gender discrimination in educational institutions that receive federal funds, either directly or indirectly. Title IX states that: 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.2 Although Title IX is not a lengthy statute, its scope is broad. Title IX was an outgrowth of the Civil Rights Act of 1964 (“Title VII”) which prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion.3 Notably, Title IX protects any person who participates, or seeks to participate, in an educational program or activity of the school.4 In addition, Title IX is not just for public schools. Any entity that receives federal funds, whether public or private, must comply with Title IX.5 The Office of Civil Rights (“OCR”) enforces many of the federal laws that prohibit discrimination in education. Title IX is one of those federal laws. Thus, a person who believes he or she has been discriminated against under Title IX may file a complaint with OCR. OCR may then start an investigation. OCR may also launch its own Title IX investigation, known as a “compliance review”.6 Finally, OCR may issue written policy guidance through letters in order to assist school systems and others with compliance issues.7 OCR enforces Title IX through federal regulations. OCR specifies through the regulations that no person shall, on the basis of sex, be denied admission, excluded from participation, or denied the benefits of any academic, extracurricular, research, occupational training, or other educational program or activity operated by a local education agency (“LEA”) which receives federal funding. Specifically, the LEA shall not, on the basis of sex:

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