Equal Employment Opportunity (EEO) Office

Frequently Asked Questions Regarding Title IX

• What is Title IX?
• What school levels are covered?
• Who benefits from Title IX?
• Is there a penalty for Title IX noncompliance?
• Are male students protected under Title IX?
• How does Title IX impact what courses a school offers?
• Does Title IX protect only students?
• Are schools responsible for addressing sexual harassment?
• Under Title IX, are students and teachers protected from sexual harassment?
• How must athletic programs comply with Title IX?
• Printable version of this information

What is Title IX?

Title IX was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equal treatment in all arenas of public schooling:

• recruitment,
• admissions,
• educational programs and activities,
• course offerings and access,
• counseling,
• employment assistance,
• facilities and housing,
• health and insurance benefits,
• marital and parental status,
• scholarships,
• sexual harassment, and
• athletics.

What school levels are covered?

Title IX protects students, faculty and staff in federally funded education programs. Title IX applies to all elementary and secondary schools, colleges and universities. It also applies to programs and activities affiliated with schools that receive federal funds (such as internships or School-to-Work programs) and to federally funded education programs run by other entities such as correctional facilities, health care entities, unions and businesses.

Who benefits from Title IX?

Everyone benefits from Title IX. Title IX prohibits institutions that receive federal funding from practicing or allowing gender discrimination in educational programs or activities. Because almost all schools receive federal funds, Title IX applies to nearly everyone.

Is there a penalty for Title IX noncompliance?

Yes! Schools can lose federal funds for violating the law. School districts have, however, had to pay substantial damages and attorney fees in cases brought to court.

Are male students protected under Title IX?

Yes, both male and female students are protected from harassment regardless of who is committing the harassing behavior.

How does Title IX impact what courses a school offers?

Institutions may not provide separate courses and activities based on sex and may not require or prohibit participation in these programs based on gender. Some exceptions to this, however, are allowed. Sex education and human sexuality courses at the elementary and secondary levels may be, but are not required to be, offered separately. Generally, physical education classes may not be segregated. Separation is permitted within classes during wrestling, boxing, rugby, ice hockey, football, basketball, and other activities involving significant bodily contact. In intramural sports, separate teams for each sex are permissible in contact sports.

Does Title IX protect only students?

No. Title IX protects everyone from discrimination, including, students, parents, employees and vendors.

Are schools responsible for addressing sexual harassment?

Yes. When schools become aware that sexual harassment has occurred, they must take immediate action to stop the harassment, hold all parties accountable and take steps to prevent future harassment.

Under Title IX, are students and teachers protected from sexual harassment?

Yes, sexual harassment is a form of prohibited sex discrimination, and both students and teachers are protected. Title IX prohibits sexual harassment in all school programs and activities in school facilities or in other locations when the school is the sponsor of the activity.

How must athletic programs comply with Title IX?

Title IX requires that schools, which receive federal funding, provide equal opportunities for members of both sexes. It addresses the availability, quality and kind of benefits, and the opportunities and treatment that athletes receive. There are three basic aspects of Title IX that apply to athletics:

1. Participation: Title IX is not a quota system. Educational institutions have three options to demonstrate equity and fairness in athletic opportunities. Schools can show that they comply with Title IX if they can demonstrate any one of the following:
   1. Substantially proportionate athletic opportunities for male and female athletes;
   2. A history and continuing practice of expanding opportunities for the underrepresented sex;
   3. Full and effective accommodation of the interests and abilities of the underrepresented sex. Schools do not necessarily need to offer identical sports, yet they do need to provide an equal opportunity for females to play in sports of interest.
2. Scholarships: The total amount of athletic aid must be substantially proportionate to the ratio of female and male athletes.
3. Additional Athletic Program Components: Title IX also mandates equal treatment in the provision of:
   Coaching
   Game and practice times
   Medical and training facilities
   Publicity
   Recruitment
   Travel per diem allowances
   Equipment
   Locker rooms
   Practice and competitive facilities
   Tutoring opportunities

The standard for compliance is one of quality rather than quantity. The actual amount of money spent on women's and men's programs may differ as long the quality of facilities and services for each program achieve parity.