Title IX of the Education Amendments Act of 1972 is a federal law that states: "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." Title IX prohibits discrimination on the basis of sex in any federally funded education program or activity. Below you can find information on Title IX and how it applies at BYU.
The principal objective of Title IX is to avoid sex discrimination in education programs and to provide individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.
Isn’t Title IX just about athletics?
Title IX addresses any form of discrimination based on sex in education. Under Title IX, sexual harassment and sexual violence are forms of sex discrimination, and the law requires that all incidents of sexual harassment and sexual violence be viewed as discrimination and be investigated as appropriate. Sex-based discrimination in athletics is one form of discrimination, but the law was actually created to respond to sex discrimination in employment at educational institutions receiving federal funds. The law applies to both students and employees, and BYU’s Sexual Misconduct Policy also applies to university visitors (such as independent contractors, vendors, visiting lecturers, and visiting student athletes).
What is the role of the school to stop Sexual Misconduct and sex discrimination?
If a school knows or reasonably should know about any form of Sexual Misconduct or sex discrimination, Title IX requires the school to take immediate action to eliminate the misconduct/discrimination, prevent its recurrence, and address its effects. Additionally, the Office for Civil Rights expects schools to take proactive measures to prevent Sexual Misconduct and sex discrimination. Pursuant to the Violence Against Women Act, a school has extensive obligations to provide programs to prevent dating violence, domestic violence, sexual assault, and stalking.
Is there a penalty for Title IX non-compliance?
A school that fails to comply with Title IX could be sued in a court of law, and a court could issue a monetary judgment against the school. In addition, the federal agency that oversees Title IX, the Office for Civil Rights, could revoke a school’s federal funding or implement a resolution agreement, which the agency would then monitor.
Are male students protected under Title IX?
Title IX protects against ALL sex discrimination, committed by any gender against any gender. Any conduct that is sexual in nature (regardless of the sex of the victim) or any discrimination against an individual that is based on their sex is covered under Title IX.