Protecting StudentsSex Discrimination

  	    Updated March 8, 2021

Title IX generally prohibits a recipient  institution from excluding, separating, denying benefits to, or otherwise  treating students differently on the basis of sex in its educational programs  or activities unless expressly authorized to do so under Title IX. Title IX and  its implementing regulations contain several exemptions and exceptions from its  coverage, including for the membership practices of certain organizations and  admissions to private undergraduate colleges. 

As described in more detail below, the Title  IX regulations offer a process by which an educational institution can inform  OCR that it is claiming a religious exemption by submitting a written statement  to the Assistant Secretary for assurance that OCR acknowledges the  institution’s exemption. No similar process exists in the regulations for any  other exemption.  An institution’s exempt  status is not dependent upon its submission of a written statement to OCR.

Additional information on exemptions from  Title IX’s coverage can be found below.

Links to Title IX of  the Education Amendments of 1972 and its implementing regulations:      - 20 U.S.C. § 1681: Title IX statute
- 34 C.F.R. Part 106: Title IX regulations

Note that some of the  documents linked on this page were not generated by the Department of  Education, or are scanned copies of older Departmental documents. Each document  generated by the Department after January 1, 2009 is a PDF that contains, at a  minimum, machine readable text. If you are a person with a disability who cannot  fully access the contents of a document on this page, please contact OCR@ed.gov

#### Private undergraduate colleges (*admissions exempt*)

Title IX’s prohibition on discrimination in  admissions applies only to institutions of vocational education, professional  education, and graduate higher education, and to public institutions of  undergraduate higher education. 20 U.S.C. § 1681(a)(1); 34 C.F.R. § 106.15.  The prohibition on discrimination in  admissions does not apply to private undergraduate colleges.  All other programs and activities of private  undergraduate colleges (including single-sex colleges) are governed by Title IX  if the college receives any Federal financial assistance.

#### Public elementary and secondary schools (admissions exempt) 

Title IX’s prohibition on discrimination in  admissions applies only to institutions of vocational education, professional  education, and graduate higher education, and to public institutions of  undergraduate higher education. 20 U.S.C. § 1681(a)(1); 34 C.F.R. § 106.15.  A public school district therefore may offer a nonvocational single-sex school  so long as it provides a substantially equal school to students of the excluded  sex. All other programs and activities of public schools (including single-sex  schools) are governed by Title IX if the school district receives any Federal  financial assistance.

Public elementary and secondary schools are  also subject to the sex discrimination prohibitions of the Equal Protection Clause  of the U.S. Constitution and the requirements of the Equal Educational  Opportunities Act of 1974.

#### Private  schools controlled by religious organizations (*any application contrary to religious tenets exempt*) 

Title  IX does not apply to an educational institution that is controlled by a  religious organization to the extent that application of Title IX would be  inconsistent with the religious tenets of the organization. 20 U.S.C. §  1681(a)(3); 34 C.F.R. § 106.12(a). 
                    - *How can a religious  school get assurance from OCR that it is exempt from certain provisions of  Title IX?*

The  Department’s Title IX regulations provide that, if an educational institution  wishes to claim an exemption, the highest ranking official of the institution  submit a written statement to the Assistant Secretary for Civil Rights,  identifying the provisions of Title IX that conflict with a specific tenet of  the religious organization. A claim for a religious exemption may be mailed to  the Assistant Secretary for Civil Rights at 400 Maryland Ave., SW, Washington,  DC 20202, or emailed to OCR@ed.gov. See 34 C.F.R. § 106.12(b). 
                    - *Is a religious school required to  submit a written statement to OCR in advance of claiming a religious exemption?*

No.  The regulation does not require that a recipient  institution submit a written claim of exemption. Primarily, the written claim  or “request” for exemption from an institution is a request for assurance from  OCR of exemptions to certain sections of the regulation. Religious institutions  that have neither sought nor received prior written assurance from OCR may  still invoke their exemption after OCR receives a Title IX complaint. See 34 C.F.R. § 106.12(b).  For an earlier memo describing  the same practice, see AAS Smith Memo (Oct. 1989). 
                    - *How does OCR evaluate a written  statement claiming a religious exemption?*

In  responding to a written statement claiming a religious exemption, OCR evaluates  whether the statement complies with the regulatory requirement to identify the  religious organization that controls the educational institution and specify  the provisions of Title IX or its regulations that conflict with the tenets of  the religious organization. See 34 C.F.R. § 106.12(c). 
                    - *How does an  educational institution establish that it is “controlled” by a religious  organization?*

Any of  the following is sufficient to establish that an educational institution is  controlled by a religious organization:                  - (1) That  the educational institution is a school or department of divinity.
- (2) That  the educational institution requires its faculty, students, or employees to be  members of, or otherwise engage in religious practices of, or espouse a  personal belief in, the religion of the organization by which it claims to be  controlled.
- (3) That  the educational institution, in its charter or catalog, or other official  publication, contains an explicit statement that it is controlled by a  religious organization or an organ thereof, or is committed to the doctrines or  practices of a particular religion, and the members of its governing body are  appointed by the controlling religious organization or an organ thereof, and it  receives a significant amount of financial support from the controlling religious  organization or an organ thereof.
- (4) That  the educational institution has a doctrinal statement or a statement of  religious practices, along with a statement that members of the institution  community must engage in the religious practices of, or espouse a personal  belief in, the religion, its practices, or the doctrinal statement or statement  of religious practices.
- (5) That  the educational institution has a published institutional mission that is  approved by the governing body of an educational institution and that includes,  refers to, or is predicated upon religious tenets, beliefs, or teachings.
- (6)  Other evidence sufficient to establish that an educational institution is  controlled by a religious organization, pursuant to 20 U.S.C. 1681(a)(3).  See 34 C.F.R. § 106.12(c).
			OCR evaluates a religious  exemption claim consistent with the requirements of the First Amendment to the  U.S. Constitution and the Religious Freedom Restoration Act. See AS  Singleton Memo (Feb. 1985).
                    - *How does OCR determine  whether a provision of Title IX conflicts with religious tenets?*

OCR  asks an institution to specify the provisions of  Title IX or the Title IX regulation  from which an institution is seeking exemption and the religious tenets that  conflict with those provisions. OCR ensures that the  institution has cited the correct sections of the regulation in its request or, if needed, clarifies which sections of the regulation are applicable to an institution’s  exemption request. A school claiming an exemption may refer to scripture,  doctrinal statements, catalogs, statements of faith, or other documents  reflecting religious tenets. To avoid possible constitutional entanglements and  expedite OCR’s processing of these requests, an institution may submit a  statement of its practices, as based on its religious tenets, rather than a statement  of its tenets. See AAS  Smith Memo (Oct. 1989); AS  Singleton Memo (Aug. 1985).
                    - *Where can I find other  records related to OCR’s process for evaluating religious exemptions?* 

The  following documents describe OCR’s process dating back to 1977:
                    - Acting Assistant  Secretary William L. Smith Memo to OCR Senior Staff re Title IX Religious  Exemption Procedures and Instructions for Investigating Complaints at  Institutions with Religious Exemptions (Oct. 11, 1989)    PDF  907.5K
                    - Assistant Secretary  Harry M. Singleton Memo to Regional Civil Rights Directors re Title IX  Religious Exemptions (Aug. 2, 1985)    PDF  2.9M
                    - Assistant Secretary  Harry M. Singleton Memo to Regional Civil Rights Directors re Policy Guidance  for Resolving Religious Exemption Requests (Feb. 19, 1985)    PDF   2.8M
                    - Assurance of  Compliance with Title IX, HEW Form 639-A (Mar. 18, 1977)    PDF   617.4K

Additional records,  including correspondence with schools, can be found at the Other Correspondence page.

#### Schools training individuals for military services or merchant  marine (*completely exempt*) 

Title IX does not  apply to an educational institution the primary purpose or which is the  training of individuals for the military services of the United States or the  merchant marine. 20 U.S.C. § 1681(a)(4); 34 C.F.R. § 106.13.

#### Social fraternities or sororities (*membership practices exempt*) 

Title IX does not apply to the membership  practices of a social fraternity or social sorority if the active membership  consists primarily of students in attendance at an institution of higher  education and the fraternity or sorority is exempt from taxation under the  Internal Revenue Code. 20 U.S.C. § 1681(a)(6)(A); 34 C.F.R. § 106.14(a).  All other programs and activities of social fraternities and sororities are  governed by Title IX if they receive any Federal financial assistance.

Professional  fraternities and sororities and service and honor societies are subject to the  requirements of Title IX and may not exclude members on the basis of sex.  34 C.F.R. § 106.31(b)(7).  An affirmative answer to any of the following  questions is evidence that the organization is professional, service, or  honorary in nature and not a social fraternity or sorority for Title IX  purposes.      - (1)   Is the organization’s  membership limited to persons pursuing or having interest in a particular field  of study, profession, or academic discipline?  
- (2)  Is the membership  limited to individuals who have a high level of achievement in scholarship or  any other endeavor?
- (3)  Are the members  permitted to hold membership in other fraternities or sororities at the same  level of education?

For more information  on OCR’s process for evaluating the exemption for social fraternities or  sororities, see Acting  Assistant Secretary William L. Smith’s Memo to Senior Staff re Social  Fraternities and Sororities and Title IX Exemptions PDF (May  31, 1989). OCR’s regulations do not provide a process for a fraternity or  sorority to inform OCR that it is claiming its membership practices are exempt  because it is a social fraternity or sorority.

#### YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls (*membership practices exempt*) 

Title IX does not  apply to the membership practices of the Young Men’s Christian Association,  Young Women’s Christian Association, Girl Scouts, Boy Scouts, and Camp Fire  Girls. 20 U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(b). All other  programs and activities these organizations are governed by Title IX if they  receive any Federal financial assistance.

#### Voluntary youth service organizations (*membership practices exempt*) 

Title IX does not  apply to the membership practices of voluntary youth service organizations. 20  U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(c). All other programs and  activities of voluntary youth service organizations are governed by Title IX if  they receive any Federal financial assistance.

In order to qualify  for this exemption, membership in the organization must be voluntary, traditionally  limited to members of one sex, and principally limited to persons under  nineteen years old. A voluntary youth service organization also must facilitate  public service opportunities for its members.

As part of its broad  prohibition on sex discrimination, Title IX prohibits schools from aiding or  perpetuating discrimination by providing significant assistance to any outside  organization that discriminates on the basis of sex in providing any aid,  benefit, or service to students or employees. Because of the exemption,  however, school districts may provide significant assistance to a voluntary  youth service organization. If the school does so, it has a Title IX obligation  to ensure girls and boys have comparable educational opportunities overall. 

For more information  on this exemption, see OCR’s Dear Colleague Letter on Voluntary Youth Service Organizations  (December 15, 2015).

#### Boys or Girls conferences 

Title IX does not apply  to any program or activity of the American Legion undertaken in connection with  the organization or operation of any Boys State conference, Boys Nation  conference, Girls State conference, or Girls Nation conference; or any program  or activity of any secondary school or educational institution specifically for  the promotion of any Boys State conference, Boys Nation conference, Girls State  conference, or Girls Nation conference or the selection of students to attend  any such conference. 20 U.S.C. § 1681(a)(7).