### **Rescinded: This document has been formally rescinded by the Department and remains available on the web for historical purposes only.**

### OFFICE OF THE ASSISTANT SECRETARY

August 4, 2004

Dear Colleague:

On behalf of the Office for Civil Rights of the UnitedStates Department of Education (OCR), I am writing to highlight aspects of theresponsibilities of recipients of federal financial assistance to comply withthe requirements of Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681 *et seq*. (Title IX) and its implementing regulations, 34 C.F.R. Part106.  As you are aware, Title IXprohibits discrimination on the basis of sex in education programs oractivities by recipients of federal financial assistance.  Specifically, this letter is to remindpostsecondary institutions that the Title IX regulations require recipients todesignate a Title IX coordinator, adopt and disseminate a nondiscriminationpolicy, and put grievance procedures in place to address complaints ofdiscrimination on the basis of sex in educational programs and activities.  

OCR recently reviewed the Title IX compliance status ofselected recipients and found in several instances that recipients have notcomplied with some of the above requirements of the Title IX implementingregulations.  Examples of deficienciesidentified during OCR reviews include the failure to designate and/oradequately train at least one employee to coordinate the recipient's Title IXresponsibilities, the failure to have and/or disseminate notice of thenondiscrimination policy, and the failure to adopt or publish required Title IXgrievance procedures to address sex discrimination claims.  The most frequently cited problem was thefailure to effectively disseminate notice of the Title IX coordinator’sidentity and contact information as required by the Title IX regulations.  These are all things that OCR looks for inconducting investigations on these issues. 

Recipients of federal financial assistance, includingpostsecondary institutions, must comply with the Title IX implementingregulations.  The Title IX implementingregulations at 34 C.F.R. § 106.8(a) require that each recipient designate atleast one employee to coordinate its efforts to comply with and carry out itsresponsibilities under Title IX.  Thecoordinator’s responsibilities include investigating complaints communicated tothe recipient alleging noncompliance with Title IX.  Section 106.8(a) also requires the recipient to notify allstudents and employees of the name, address, and telephone number of thedesignated coordinator.  Section106.8(b) requires that each recipient adopt and publish grievance proceduresproviding for prompt and equitable resolution of student and employeecomplaints under Title IX.

The Title IX regulations at 34 C.F.R. § 106.9 require thateach recipient publish a statement (notice) that it does not discriminate onthe basis of sex in the education programs or activities it operates.  The notice must state, at a minimum, thatthe recipient does not discriminate on the basis of sex in admission to oremployment in its education programs or activities.  The notice must further state that inquiries to recipientsconcerning the application of Title IX and its implementing regulations may bereferred to the Title IX coordinator or to OCR.

Section 106.9(b) requires that the notice ofnondiscrimination be displayed prominently in each announcement, bulletin,catalog, or application form used in connection with recruitment of students oremployees.  The notice should alsoinclude the name, office address, and telephone number for the designated TitleIX coordinator.

The Department is committed to enforcing Title IXaggressively.  The compliance problemsOCR noted during our recent investigations suggest that some recipients may nothave been vigilant in ensuring compliance with the above-mentioned proceduralrequirements of the regulations implementing Title IX.  OCRwill continue to identify potential sites for additional compliance reviews,particularly at the postsecondary level.  Mygoal is that, by focusing attention on this issue, recipients will re-evaluatetheir policies and practices in this area, increase their compliance with theserequirements, and improve access to educational benefits and services for allbeneficiaries.  If you need additionalinformation about Title IX, have questions regarding the Department’s policies,or seek guidance, please contact the OCR enforcement office that serves yourstate or territory for further assistance. I have enclosed the addresses and telephone numbers of thoseoffices.  

Thank you for your attention to these matters.

Sincerely,

KennethL. Marcus  DeputyAssistant Secretary for Enforcement  Delegatedthe Authority of the Assistant      Secretary for Civil Rights

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