Frequently Asked Questions

**Overview**                      Below are Frequently Asked Questions on Sex Discrimination.

 

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              -  **Frequently Asked Questions About Sex Discrimination- General**                  - **What is Title IX?**
                - **Are all school districts, colleges, and universities covered by Title IX?**
                - **Are all programs in a school, college, or university covered by Title IX if any part of it receives federal financial assistance?**
                - **Does Title IX protect only students?**
                - **What types of Title IX cases does OCR handle?**
                - **Is there someone at my school who can help answer my Title IX questions?** 
              -  **Frequently Asked Questions About Sex Discrimination- Athletics**                  - **How do I know whether an athletic program is providing an equal opportunity under Title IX?** 
              -  **Frequently Asked Questions About Sex Discrimination- Harassment**                  - **What is sex-based harassment?**
                - **What are the responsibilities of school districts, colleges, and universities under Title IX to address sex-based harassment?**
                - **How do educational institutions balance their Title IX obligations with individuals’ First Amendment rights?**
                - **How does OCR address sex-based harassment against students?**
                - **What are the responsibilities of school districts, colleges, and universities under Title IX to address sexual harassment?** 
              -  **Frequently Asked Questions About Sex Discrimination- Discrimination Based on Sexual Orientation and Gender Identity**                  - **Does Title IX Prohibit Discrimination Based on Sexual Orientation and Gender Identity?** 

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         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| What is Title IX?
Title IX is a federal law that prohibits any educational institution  that receives federal financial assistance (such as grants or student loans)  from discriminating on the basis of sex. You can find the full text here.

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Are all school districts, colleges, and universities covered by Title IX?
Generally yes. All public school districts are covered by Title IX  because they receive some federal financial assistance and operate education  programs. All public colleges and universities and nearly all private colleges  and universities are covered because they receive assistance by participating  in federal student aid programs. There are some private schools that do not  receive any federal assistance, and Title IX does not apply to them.  Additionally, some schools are specifically exempt from certain parts of Title  IX. For example, Title IX includes an exemption for educational institutions  that are controlled by a religious organization but only to the extent that  Title IX’s application would not be consistent with the religious tenets of the  religious organization. Please see Exemptions from Title  IX for  more information.

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Are all programs in a school, district, college, or university covered by Title IX if any part of the school receives federal financial assistance? 
Yes. All programs are covered if the school district, college, or  university (“school”) receives federal financial assistance. Title IX covers  all the operations of a school that receives financial assistance including  academics, extracurricular activities, athletics, and other programs. Title IX  applies to all operations of a school, including those that take place in the  facilities of the school, on a school bus, or in a class or training program  sponsored by the school at another location. A school is also obligated to  respond to sexual harassment off campus when the school has substantial control  over both the person accused of engaging in harassment and the context in which  the harassment occurs. This includes sexual harassment that occurs in any  building owned or controlled by a student organization that is officially  recognized by a postsecondary institution.

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Does Title IX protect only students?
No. Title IX protects everyone who interacts  with a school from discrimination, including parents and guardians, students,  employees, and applicants.

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What types of Title IX cases does OCR handle?
OCR handles cases of sex discrimination  involving a range of issues, such as discriminatory discipline, harassment and  sexual violence, discrimination based on sexual orientation, discrimination based  on gender identity, and unequal access to educational resources (such as STEM  or career and technical education) or athletic opportunities.

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Is there someone at my school who can help answer my Title IX questions?
Yes. All school districts, colleges, and  universities receiving federal financial assistance must designate at least one  employee to coordinate their efforts to comply with and carry out their  responsibilities under Title IX. This person is often referred to as a *Title  IX coordinator*.

Your school is required to publish your Title  IX coordinator’s contact information in its handbooks and catalogs for  students, employees, applicants, parents and guardians, and unions or  professional organizations. The Title IX coordinator’s contact information must  also be prominently posted on your school’s website. Title IX coordinators for  public school districts can also be found on OCR’s coordinators website  at http://www.ed.gov/civ-rts-coordinators. Title IX coordinators for colleges and  universities can also be found on the Office of Postsecondary Education's Campus Safety and Security Data Analysis Cutting Tool.                      

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| How do I know whether an athletic program is providing an equal opportunity under Title IX?
If a school operates or sponsors an athletic  program, it must provide equal athletic opportunities for students. In  determining whether equal athletic opportunities are available, OCR considers  whether an institution is effectively accommodating the athletic interests and  abilities of students. OCR also considers whether a school is providing  equivalent benefits, opportunities, and treatment to its students, specifically  with respect to equipment and supplies; game and practice times; travel and per  diem allowances; coaching and academic tutoring; assignment and compensation of  coaches and tutors; locker rooms, practice and competitive facilities; medical  and training facilities and services; housing and dining facilities and  services; and publicity. The Title IX regulations specify that if a school  awards athletic financial assistance, it must provide reasonable opportunities  for awards for members of each sex in substantial proportion to the number of  students of each sex participating in interscholastic or intercollegiate  athletics. For more detailed information, visit our Athletic Equity Resources page.

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| What is sex-based harassment?
Sex-based harassment can take multiple forms.  Harassers can be students, school staff, or even someone visiting the school,  such as a student or employee from another school. Sexual harassment (including  sexual violence) is a form of sex-based harassment.

**What is Sexual Harassment?**

Sexual harassment refers to sex-based conduct  that satisfies one or more of the following: (1) *quid pro quo* harassment  by an employee of an educational institution—meaning that an employee offers  something to a student or other person in exchange for sexual conduct; (2)  unwelcome conduct that a reasonable person would find to be so severe,  pervasive, and objectively offensive that it effectively denies a person equal  access to an education program or activity; or (3) sexual assault (as defined  in the Clery Act), dating violence, domestic  violence, or stalking (as defined in the Violence Against Women Act). Each of these categories of misconduct is a  serious violation that jeopardizes a victim’s equal access to education.                        

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What are the responsibilities of school districts, colleges, and universities under Title IX to address sex-based harassment?
When a school has actual knowledge of sexual harassment in any of its programs or activities that take place in United States, it must respond promptly in a manner that is not deliberately indifferent. A school is deliberately indifferent if its response to sexual harassment is clearly unreasonable in light of the known circumstances. The Title IX Coordinator must promptly contact the complainant to discuss the availability of supportive measures, regardless of whether a formal complaint is filed, and to explain the process for filing a formal complaint.

In addition, if a formal complaint is filed, either by the complainant or the Title IX Coordinator, a school must:
- offer supportive measures to the respondent, and
- follow the Title IX grievance process specified by the       2020 amendments.

For more information on the obligations, see  34 C.F.R. § 106.44(a) and the Questions and Answers resource and Appendix on the Title IX Regulations on Sexual Harassment.

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How do educational institutions balance their Title IX obligations with individuals’ First Amendment rights?
OCR has consistently reaffirmed that the  Federal civil rights laws it enforces protect students from prohibited  discrimination, including unlawful harassment, and are not intended to restrict  expressive activities or speech protected under the U.S. Constitution’s First  Amendment.

Schools can protect students from verbal  harassment without running afoul of students’ and staff First Amendment rights.  For instance, in a situation where the First Amendment prohibits a public  university from restricting the rights of students to express persistent and  pervasive derogatory opinions about a particular sex, the university can  instead meet its obligation by, among other steps, communicating a rejection of  stereotypical, derogatory opinions and ensuring that competing views are heard.  Similarly, educational institutions can establish a campus culture that is  welcoming and respectful of the diversity of all students and institute campus  climate checks to assess the effectiveness of the school’s efforts to ensure  that it is free from harassment. Schools can also encourage students on all  sides of an issue to express disagreement over ideas or beliefs in a respectful  manner. Schools should be alert to take more targeted responsive action when  speech crosses over into direct threats or actionable speech or conduct. For  additional information on OCR’s policies and the First Amendment, click here.

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How does OCR address sexual harassment against students?
OCR investigates and resolves allegations that  educational institutions that are recipients of federal funds have failed to  respond promptly in a manner that is not deliberately indifferent to sexual  harassment. Where OCR identifies concerns or violations, educational  institutions often resolve them with agreements requiring educational  institutions to adopt effective anti-harassment policies and procedures, train  staff and students, address the incidents in question, and take other steps to  restore a nondiscriminatory environment.

In addition to resolving investigations, OCR  takes steps to inform schools of their obligation to provide a  nondiscriminatory environment by issuing policy guidance.

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Frequently Asked Questions About Sex Discrimination- Discrimination Based on Sexual Orientation and Gender Identity 
Does Title IX Prohibit Discrimination Based on Sexual Orientation and Gender Identity?
Yes. Title IX prohibits discrimination based  on sexual orientation and gender identity in education programs and activities  that receive federal financial assistance. This includes situations where  individuals are harassed; disciplined in a discriminatory manner; excluded  from, denied equal access to, or subjected to sex stereotyping in academic or  extracurricular opportunities and other education programs or activities;  denied the benefits of a school’s programs or activities; or otherwise treated  differently because of their sexual orientation or gender identity.

For more resources for LGBTQI+ students, please  click here.

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  Last Modified: 08/19/2021      |