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June 23, 1972

Title IX was enacted into law by way of the Educational Amendments of 1972.  The purpose of Title IX is to ensure that any educational program that is receiving federal funds is providing equal opportunities to both male and female students. The Law begins with this quote, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

One of the major effects of the enactment of Title IX was an increased number of women participating in sports.  Before this law was enacted, there were no women’s athletic scholarships in the NCAA.  After Title IX,  the colleges and universities had to provide the same percentage amount of their budget to males and females.   As a result, Title IX  led to a lower dropout rate for girls in high school and an increased number of women pursuing higher education (History.com Editors , 2009).

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On June 23, 1972, Title IX of the education amendments of 1972 is enacted into law. Title IX prohibits federally funded educational institutions from discriminating against students or employees based on sex. It begins: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." As a result of Title IX, any school that receives any federal money from the elementary to university level-in short, nearly all schools-must provide fair and equal treatment of the sexes in all areas, including athletics.

Before Title IX, few opportunities existed for female athletes. The National Collegiate Athletic Association (NCAA), which was created in 1906 to format and enforce rules in men's football but had become the ruling body of college athletics, offered no athletic scholarships for women and held no championships for women's teams. Furthermore, facilities, supplies and funding were lacking. As a result, in 1972 there were just 30,000 women participating in NCAA sports, as opposed to 170,000 men.

Title IX was designed to correct those imbalances. Although it did not require that women's athletics receive the same amount of money as men's athletics, it was designed to enforce equal access and quality. Women's and men's programs were required to devote the same resources to locker rooms, medical treatment, training, coaching, practice times, travel and per diem allowances, equipment, practice facilities, tutoring and recruitment. Scholarship money was to be budgeted on a commensurate basis, so that if 40 percent of a school's athletic scholarships were awarded to men, 40 percent of the scholarship budget was also earmarked for women.

Since the enactment of Title IX, women's participation in sports has grown exponentially. In high school, the number of girl athletes has increased from just 295,000 in 1972 to more than 2.6 million. In college, the number has grown from 30,000 to more than 150,000. In addition, Title IX is credited with decreasing the dropout rate of girls from high school and increasing the number of women who pursue higher education and complete college degrees.

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Title IX enacted | June 23, 1972 | HISTORY

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On June 23, 1972, Title IX of the education amendments of 1972 is enacted into law. Title IX prohibits federally funded educational institutions from discriminating against students or employees based on sex. It begins: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits [...]

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Title IX was enacted to make sure that there was equality with women in organizations and institutions that are receiving federal funding.  Title IX was set in place to provide equal opportunities to women and eliminating discrimination because of gender in science, math, and engineering stem programs.  There were many discriminations that needed to be addressed and are mentioned in Title IX.  For example, sexual harassment is considered a type of discrimination,  therefore, systems and training were put in place to educate people on how to recognize it, prevent it, and report it.  Another area of equality that Title IX was meant to dismantle was the discrimination in athletic opportunity and discrimination because of pregnancy.  It is important to note that there can be no retaliation for filing a complaint to the Office for Civil Rights (Know your rights: Title ix prohibits sexual harassment and sexual violence where you go to school 2021).

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1972-1975

This was an important time for women in the Civil Rights Movement.  President Nixon put the Department of Health, Education, and Welfare (HEW) to regulate and clarify the new law.  Schools, organizations, and institutes that were receiving federal funding now had to designate one staff member to be the Title IX Coordinator. During this time, there were many attempts to interpret the law to benefit revenue-producing sports and programs which are almost dominated by males.  These interpretations were introduced by Sen. John Tower and called the Tower Amendments.  Congress rejected the amendment.  Congress did pass an amendment that was proposed by Sen. John Javits to direct HEW to include "reasonable provisions considering the nature of particular sports".   Since 1975, the federal government has been providing clarity and enforcement of Title IX regulations (Know your rights: Title ix prohibits sexual harassment and sexual violence where you go to school 2021).

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Title IX and the impact on Sexual Harassment

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Title IX and the impact on Sexual Harassment

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The enactment of Title IX led the way for institutions to have a responsibility and have procedures in place when sexual harassment has occurred.  Schools must investigate and act promptly to resolve sexual harassment even if the parents and student do not want to file a complaint.   My district addresses and prevents sexual harassment is by educating employees with mandatory annual training on how to identify, prevent, and report sexual harassment.  Additionally, they have made all employees mandated reporters that make them more liable and more aware of sexual harassment or misconduct that may occur at their site (Sex discrimination: Overview of the law 2021).

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PDF (138K)
Know Your Rights : Title IX Prohibits Sexual Harassment and
Sexual Violence Where You Go to School What are a school's responsibilities to address sexual harassment and sexual violence?
Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities (hereinafter "schools") receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.
What procedures must a school have in place to prevent sexual harassment and sexual violence and resolve complaints?
Below is additional information regarding the specific requirements of Title IX as they pertain to sexual harassment and sexual violence.

A school has a responsibility to respond promptly and effectively. If a school knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects.

Even if a student or his or her parent does not want to file a complaint or does not request that the school take any action on the student's behalf, if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.

A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably.

Every School Must Have And Distribute A Policy Against Sex Discrimination

Title IX requires that each school publish a policy that it does not discriminate on the basis of sex in its education programs and activities. This notice must be widely distributed and available on an on-going basis.

The policy must state that inquiries concerning Title IX may be referred to the school's Title IX coordinator or to OCR.

Every School Must Have A Title IX Coordinator

Every school must designate at least one employee who is responsible for coordinating the school's compliance with Title IX. This person is sometimes referred to as the Title IX coordinator. Schools must notify all students and employees of the name or title and contact information of the Title IX coordinator.

The coordinator's responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

Every School Must Have And Make Known Procedures For Students To File Complaints Of Sex Discrimination.

Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Schools can use general disciplinary procedures to address complaints of sex discrimination. But all procedures must provide for prompt and equitable resolution of sex discrimination complaints.

Every complainant has the right to present his or her case. This includes the right to adequate, reliable, and impartial investigation of complaints, the right to have an equal opportunity to present witnesses and other evidence, and the right to the same appeal processes, for both parties.

Every complainant has the right to be notified of the time frame within which: (a) the school will conduct a full investigation of the complaint; (b) the parties will be notified of the outcome of the complaint; and (c) the parties may file an appeal, if applicable.

Every complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).

Every complainant has the right to be notified, in writing, of the outcome of the complaint. Even though federal privacy laws limit disclosure of certain information in disciplinary proceedings:

Schools must disclose to the complainant information about the sanction imposed on the perpetrator when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.

Additionally, the Clery Act (20 U.S.C. §1092(f)), which only applies to postsecondary institutions, requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense. Therefore, colleges and universities may not require a complainant to abide by a non-disclosure agreement, in writing or otherwise.

The grievance procedures may include voluntary informal methods (e.g., mediation) for resolving some types of sexual harassment complaints. However, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. In cases involving allegations of sexual assault, mediation is not appropriate.

If you want to learn more about your rights, or if you believe that a school district, college, or university is violating Federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov. If you wish to fill out a complaint form online, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html .

Use of the term "sexual harassment" throughout this document includes sexual violence unless otherwise noted.

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harassment; discrimination; sexual abuse; violence; sexual violence; gender-based harassment; sexual harassment; sex discrimination

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Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School

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Dear Colleague Letter: Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School

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Title IX has increased the opportunities for females to compete in the same fashion as males do in collegiate and all school sports.  Title IX outlined three different ways that federally funded schools can adhere to the law.  One way that the TED-ed video mentioned was proportionality, this is making sure that female students receive the same proportion of opportunity that equals the percentage in the student body.  For example, if there is a 48% female population then there must be 48% of opportunity for them also.  The enactment of Title IX also ensures that female athletes are playing with the same quality of equipment, facilities, trainers, and coaches as male athletes (TEDEducation, 2013).  At my own school, I have noticed that we do a great job of making sure that our female athletes have an equal athletic experience to males.  We provide both male and female sports teams the same facilities and trainers.  We also have a scheduled 3 year rotation where every team gets new jerseys.  We also provide the same number of sports for female and male students.

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Equality, sports, and Title IX - Erin Buzuvis and Kristine Newhall

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Title IX and the Civil Rights Restoration Act of 1984-1988

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Title IX and the Civil Rights Restoration Act of 1984-1988

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The Supreme Court ruled in 1984 that to be compliant with Title IX that any institution receiving federal aid or grants must be in compliance with Title IX.  This was different from the original title IX because before 1984 it only had to do with the individual programs that were receiving funds from the federal government.  In 1987, Congress and the House clarified the law that if any portion of the institution were receiving funds that the entirety of the operation must be compliant with Title IX.  This led President Reagan to veto the legislation on the grounds that it put too much power in the hands of the federal government on private industries.  Congress continued to fight for equal rights between genders in 1988 and overruled the veto with a 2/3 vote to approve the new legislation.  I understand that there is always push back when dealing with new legislation, but this is a civil rights issue (U.S Courts , The 14th amendment and the evolution of Title IX).  Being that I grew up in the age where Title IX has always been prevalent I can’t imagine such push back in ensuring that females and males receive equal opportunities to educational experiences.

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Ratified in 1868, Congress and the courts have applied the 14th Amendment's Equal Protection Clause to many aspects of public life over the past 150 years. Title IX is an example of how the 14th Amendment has been interpreted over time. Title IX, which is of particular interest to young people, prohibits institutions that receive federal funding from excluding students from participating in educational and athletic programs on the basis of sex.

Specifically, Title IX states that "No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX of the Civil Rights Act was signed into law on June 23, 1972 by President Richard M. Nixon. However, Title IX began its journey through all three branches of government when Representative Patsy T. Mink, of Hawaii, who is recognized as the major author and sponsor of the legislation, introduced it in Congress. When she died in 2002, Title IX was renamed the Patsy Mink Equal Opportunity in Education Act. She was given the Medal of Freedom after her death.

One way to track the evolution of Title IX is to examine the Supreme Court's 1984 decision in Grove City College v. Bell. As the high court's first Title IX case, the issues that arose from the Act, demonstrate how each of the three branches exercises its authority. The case makes Title IX a study not only of the 14th Amendment but also of the impact of the push and pull of the separation of powers on law-abiding citizens.

In a Nutshell

The Legislative Branch. Congress enacted Title IX of the Education Amendments of 1972, which requires that no person be excluded from participation in, denied the benefits of, or subjected to discrimination on the basis of sex under "any education program or activity receiving Federal financial assistance." It authorizes any federal agency that provides such assistance to issue regulations to enforce the prohibition of sex discrimination. It also allows termination of financial assistance when an institution does not voluntarily comply.

The Executive Branch. In 1975, the United States Department of Health, Education and Welfare (which became the Department of Education and is referred to here as the Department) issued implementing regulations requiring every educational institution that receives federal financial assistance to file a document assuring its compliance with Title IX.

The Judicial Branch. The Supreme Court of the United States ruled in 1984 that Title IX's non-discrimination and compliance requirements apply to any educational institution that receives federal financial assistance through grants provided directly to its students. At that time, the requirement applied only to the specific program or activity receiving federal assistance. In this instance the program was student financial aid.

The Legislative Branch. In early 1988, the Senate and House of Representatives each responded to the Supreme Court decision by passing legislation (Civil Rights Restoration Act of 1987) which clarifies that a "program or activity," for purposes of Title IX and other civil rights laws, refers to "all operations" of an institution whenever federal financial assistance is extended to "any part" of the institution.

The Executive Branch. On March 16, 1988, President Reagan vetoed the legislation on grounds that it "vastly and unjustifiably expand[s] the power of the [f]ederal government over the decisions and affairs of private organizations."

The Legislative Branch. On March 22, 1988, Congress overrode the President's veto by passing again the legislation with the support of a two-thirds majority in the House and Senate. As a result, the Civil Rights Restoration Act became law.

How to Use These Resources

1. To get started, review the glossary and prepare students to use it with the case materials to underline terms and concept they find in the readings.

2. Have students read the Grove City College v. Bell facts and case summary and make a list of their questions and arguments.

3. Use the Title IX discussion questions to dive more deeply into the issues raised in Grove City College v. Bell.

4. Have students use the Title IX timeline as a reference for drawing a Venn Diagram or double bubble map to list the impacts of each branch of government on the evolution of Title IX.

5. Use the separation of powers discussion questions to illuminate how the push and pull of the three branches of government shaped Title IX. Guide students' understanding of how the separation of powers has an impact on the their daily life and the issues that matter to them.

6. Have students view the Ahead of the Majority video on Representative Patsy Mink, often called the Mother of Title IX. Next, have students select a Pathways to the Bench video profile of a federal judge whose story also deals with personal adversities that motivated them to be of service.

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The 14th Amendment and the Evolution of Title IX

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Ratified in 1868, Congress and the courts have applied the 14th Amendment's Equal Protection Clause to many aspects of public life over the past 150 years. Title IX is an example of how the 14th Amendment has been interpreted over time.

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Title IX 1997-1999 Implementation of guidance on sexual harassment

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Title IX 1997-1999 Implementation of guidance on sexual harassment

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Even though Title IX had been law since 1972, there was very little guidance on how to handle sexual harassment in schools. One reason why Title IX took much longer to implement is that it dealt with the actions and behaviors of employees.  There was a major discussion in the courts regarding sexual harassment and if it is discrimination and led to the courts concluding that all forms of sexual harassment are discrimination thus a violation of Title IX.  As the judges and administrators started to comply with this new finding, they used guidance from employers' Title 7 Civil Rights Act.  The Office of Civil Rights (OCR) issued guidelines in 1997.  In 1998 and 1999, the Supreme Court made a ruling from previous cases that ruled that schools are liable for staff actions regarding harassment and if there is negligence with peer harassment (Melnick, R, 2018).

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2011-2014 Title IX Office of Civil Rights Issues "Dear Colleague Letter"

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2011-2014 Title IX Office of Civil Rights Issues "Dear Colleague Letter"

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The Letter that the Department of Education sent out to schools detailed what schools must do to “end any harassment, eliminate a hostile environment if it has been created, and prevent harassment from occurring again.”  This was needed to be brought to the attention of schools and universities because after an investigation it found that 1 in 5 women were victims of sexual assault in college.  The letter and details in the letter were meant to change the culture and universities.  The letter outlined several areas schools should be acting in ” OCR told schools that it expected them to “encourage students to report sexual harassment early before such conduct becomes severe or pervasive so that it can take steps to prevent the harassment from creating a hostile environment.”(Melnick, 2020).  This was a must, as a father of a daughter, I feel that she should have every right that my son has and also that there is a responsibility of the school she is attending to implement a culture that keeps her as safe and respected as my son.

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Title IX and Transgender Students 2010-2020

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Title IX and Transgender Students 2010-2020

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During the Obama Administration, it recognized that transgender students are protected under the ruling of Title IX.  The OCR, in 2016, stated that schools receiving funds from the federal government need to give students access based on gender identity and not the biological sex.  By using the term gender identity it allowed students to choose what facilities and sports teams the students will participate in and use.  Schools conformed to this new guidance by the OCR and allowed students to gain access to facilities that were oriented to one specific gender.   During the Obama Administration and use of sex being deemed an identity, transgender students were allowed to participate in the sports teams based on their gender identity.  However, many schools continued to provide separate sports teams to males and females to ensure that women are receiving an equal opportunity.  This changed drastically under the Trump administration.  In 2017, Trump and DeVos withdrew the new guidance that was set in place by the Obama Administration. With the withdrawal of the new guidance, under the action that it is not equal to females to have biological men compete in women’s athletics, it leaves this topic of transgender students up for a huge debate and likely to change with the new Biden Administration (Kreighbaum, 2017).  At my current school site, I know that we have transgender students using facilities that are designated to a specific gender.  We do not have any transgender students participating in any athletics at this point.

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D. (2021, January 05). Know your rights: Title ix prohibits sexual harassment and sexual violence where you go to school. Retrieved April 08, 2021, from https://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html

History.com Editors. (2009, November 16). Title ix enacted. Retrieved April 06, 2021, from https://www.history.com/this-day-in-history/title-ix-enacted

Kreighbaum, A. (2017, February 23). Trump administration REVERSES Title Ix guidance on transgender PROTECTIONS. Retrieved April 06, 2021, from https://www.insidehighered.com/news/2017/02/23/trump-administration-reverses-title-ix-guidance-transgender-protections

Melnick, R. (2020, June 11). Analyzing the Department of Education's final Title ix rules on sexual misconduct. Retrieved April 06, 2021, from https://www.brookings.edu/research/analyzing-the-department-of-educations-final-title-ix-rules-on-sexual-misconduct/

Melnick, R., R. Shep Melnick is the Tip O’Neill Professor of American Politics at Boston College and the author, Riley, N., & Rizer, A. (2018). The strange evolution of Title IX. Retrieved April 06, 2021, from https://www.nationalaffairs.com/publications/detail/the-strange-evolution-of-title-ix

TEDEducation. (2013, June 19). Equality, sports, and Title IX - Erin buzuvis and KRISTINE NEWHALL. Retrieved April 05, 2021, from https://www.youtube.com/watch?v=KymR6N1HT88

U. (2021, January 05). Sex discrimination: Overview of the law. Retrieved April 08, 2021, from https://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html

U.S Courts. (n.d.). The 14th amendment and the evolution of Title IX. Retrieved April 06, 2021, from https://www.uscourts.gov/educational-resources/educational-activities/14th-amendment-and-evolution-title-ix

Women’s Sports Foundation (Ed.). (2019, October 03). History of title ix. Retrieved April 06, 2021, from https://www.womenssportsfoundation.org/advocacy/history-of-title-ix/