Did you know that Title IX is more than just women’s sports? While leveling the playing field in athletics is a big part of Title IX, this federal law touches everything from sexual harassment to gender discrimination in schools.
As a Title lX lawyer can explain, Title IX protections extend broadly so that no person shall, on account of sex, be excluded from participation, be subject to discrimination under any education program or activity receiving federal financial assistance.
1. Sexual Harassment And Assault On Campus
Indeed, Title IX is not just about academics and sports. If a student faces any form of sexual harassment or assault by a classmate, teacher, or any member of staff, Title IX compels the school to respond.
How Does Title IX Help Here?
Title IX ensures that schools are legally obligated to respond to complaints of sexual harassment or assault. This can be anything from a comment made in class to an actual physical assault.
Schools should have policies that go into sexual harassment claims, support victims through counseling or academic accommodations, and discipline when appropriate.
If the school fails to deal with the grievance seriously, then it will suffer severe consequences, including loss of federal funding. Therefore, if you or someone close to you suffers harassment or assault in school, then Title IX comes into play to ensure that the school takes it seriously.
2. Gender Discrimination In Academics
Education, in many minds, means equal opportunity for learning. Fair enough. That is precisely what Title IX assures as our friends at K Altman Law can attest. Title IX ensures that there is no gender discrimination in academic programs.
Whether that is a science class, an honors program, or otherwise, Title IX ensures everyone has a fair shake.
What Is Gender Discrimination In Academics?
That is how gender discrimination could be especially the kind not to allow female students to participate in the club or program, favoring boys in a hands-on experience, or discriminating in terms of grading between genders.
In essence, Title IX steps in anytime there’s an element of inequality or unfair treatment based on gender within an education institution.
For example, if a high school chemistry teacher selects only male students in lab experiments because they “appear better qualified,” that is the classic place where Title IX protections would come into effect and ensure equal access to those activities for her female students.
The principle is straightforward: every single student should get an equal opportunity to learn regardless of gender.
3. Equal Access To Sports And Athletics
Ah, sports — this is probably the most well-known aspect of Title IX. When the law was first passed in 1972, the immediate, huge impact was felt in the world of athletics. Title IX requires schools to provide equal opportunities for both male and female students in sports, from funding to equipment and beyond.
What Does This Look Like In Practice?
Suppose that one school has the most fantastic boys’ football team with a huge budget, the best facilities, and lots of support from the school. Meanwhile, the girls’ basketball team was barely making do with outdated uniforms and zero access to quality practice spaces.
Title IX says: No way, that’s not okay.
The law states that both boys and girls are supposed to have access to the same facilities and opportunities in athletics. It doesn’t mean the boys would have as many players or participate in the same sports as the girls, but both would gain virtually the same amount of opportunity, scholarship, and support.
All this speaks of fairness and equal opportunities and an opportunity for everyone to succeed.
4. LGBTQ+ Students And Title IX
This is a gigantic one that doesn’t always get the attention it deserves: Title IX also protects LGBTQ+ students from discrimination. Recent interpretations of the law have made clear that sex-based discrimination under Title IX includes discrimination based on gender identity and sexual orientation.
How Does This Work?
It is common for LGBTQ+ students to find bullying and other forms of discrimination directed towards them, not only from their peers but sometimes even by staff. Title IX assures such students the same rights to a safe and supportive climate of learning as anyone else.
Let’s say a transgender student is denied the right to use the bathroom that aligns with his or her gender identity. Or, a gay student is being bullied for his or her sexual orientation and the school is turning its head the other way.
It covers bullying to an unequal treatment in athletics or academics, even in harassment by staff or students. When a student is targeted or maltreated due to their gender identity or sexual orientation, then Title IX jumps into action and subjects the school to its jurisdiction.
5. Pregnancy And Parenting
Title IX does not just protect the student from discrimination in school based on sex and/or gender, but it also protects the pregnant or parenting student. Expectant mothers and fathers cannot be discriminated against.
That means pregnant students have the right to stay in school, participate in activities, and even receive accommodations if needed.
What Does This Look Like?
Let’s say that the school told a pregnant student she had to transfer to another program or cease participating in extracurricular activities.
Title IX argues, “Nope, don’t do that either. The school must treat the pregnant student the same way they’d treat any other student with a temporary medical condition – perhaps providing extra academic support or permitting the student to earn missed work without penalty.”.
What To Do If You Face A Title IX Violation?
So what do you do (or how do you make sure your child does) in this kind of situation? The first would be to reach out to your school’s Title IX coordinator. Every school that receives federal funding is supposed to have one, and he or she should be tasked with investigating complaints and assuring that the school itself is complying with the requirements of Title IX.
You can file a complaint with the Office for Civil Rights, which oversees enforcement of Title IX, if the school does not respond appropriately. They are capable of further investigating your claim and will enforce suitable actions if the school is not appropriately meeting its obligations.
Far beyond leveling the playing field in sports, Title IX remains one of the most important laws providing students from all walks of life with protection from every single form of sex-based discrimination that can occur in education.
From the unbelievable forms of sexual harassment to unfair treatment in academics, issues with support for students of LGBTQ rights, or even protections for pregnant and parenting students, it is all covered under Title IX so that everyone can have equal access. If your child is facing issues at school, contact a lawyer near you.
