Discrimination in Athletics: Title IX Compliance in Athletics

INTRODUCTION

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits sex discrimination in any federally-funded educational program. Although Title IX’s impact on athletics has gained the most public attention in past years, the scope of Title IX is very broad. The law applies to every single aspect of education, both on and off-campus, and includes but is not limited to academics, athletics, extracurricular activities and employment. While not specifically addressed in the law, Title IX has expanded to include sexual harassment as well. Title IX applies to both girls and boys, and the law also applies to the entire entity if the entity receives federal funds -- not just the specific programs or activities that are federally funded.

As part of its enforcement power, the U.S. Department of Education has adopted regulations to implement Title IX. The regulations apply to elementary and secondary schools as well as post-secondary institutions. Generally, the Title IX regulations require school systems to have a non-discrimination policy, a grievance process that provides for a prompt and equitable resolution of sex discrimination complaints, and a designated Title IX Coordinator. Until recently, neither Title IX nor its implementing regulations specifically addressed sexual harassment.

On May 6, 2020, the U.S. Department of Education Office for Civil Rights (OCR) released the long-awaited “Final Rule” amending the Title IX regulations.1 The Final Rule went into effect in August 2020. For the first time in its nearly 50-year history, OCR’s Title IX regulations recognize that sexual harassment is unlawful sex discrimination. The Title IX regulations now define sexual harassment and establish detailed procedures for how school systems must respond to allegations of sexual harassment. Importantly, the OCR’s changes to the Title IX regulations are significant, but they are only focused on sexual harassment. OCR did not change the existing regulations on topics such as athletic participation, employment, and single-sex education.

The following paragraphs provide an overview of Title IX and gender-based discrimination. This publication also discusses key topics such as how Title IX applies in the context of employment and transgender students. Finally, this publication provides a more detailed look into OCR’s Final Rule regarding sexual harassment as it applies to K-12 schools. While significant challenges to evolving interpretations of Title IX itself, as well as provisions of the new Final Rule are expected, AASB believes this AASB Boardmanship booklet will provide answers to many of your gender-based discrimination questions and concerns.

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