TITLE IX
What is Title IX
Title IX of the Patsy T. Mink Equal Opportunity in Education Act of 1972 was enacted as an extension of the Civil Rights Act of 1964, which itself was an extension of the Fourteenth Amendment. Among other things, the Fourteenth Amendment guarantees equal treatment under the law.
Title IX applies to all schools that receive federal funding. That category includes most high schools, universities, and colleges. Private school networks/organizations that accept federal funding are also subject to Title IX’s mandates, even if only one school in the organization receives federal funding.
Title IX provides a private right of action, permitting victims to take immediate legal action to protect themselves and other students from similar abuse. In a private cause of action, the victim must prove: (1) they were a member of a protected class, (2) an adverse action occurred, and (3) there was no legitimate gender-neutral reason for the different treatment.
Most people equate Title IX with providing equal opportunities for student athletes based on gender. But this is only part of this law. Title IX’s protections apply to athletic and non-athletic areas.
But Title IX’s sweeping protections are toothless, without a Title IX lawyer from Cleveland’s Ciano & Goldwasser, LLP enforcing those rights in a court of law.
Equal Opportunity in Athletic Programs
The Office of Civil Rights (OCR) uses acronym, PLAYING FAIR, to evaluate high school, college, and university athletic programs, and to identify any Title IX compliance issues:
Protective athletic equipment, uniforms, and athletic supplies
Locker rooms, training areas, practice facilities, and competition arenas
Allocation of travel, transportation, and per diem benefits
Years of experience, compensation packages, and overall quality of coaches
Institutional housing, dining facilities, and other student services
Nature of team publicity, marketing, and media
Game and practice times and scheduling
Facilities for and access to athletic training and medical services
Academic tutoring
Institutional support services for athletic programs
Recruiting resources provided to athletic programs
Academic and Non-athletic Extracurricular Programs
The OCR’s PLAYING FAIR principles also apply to academic and non-athletic extracurricular activities. To evaluate these programs, the OCR uses a similar, three-factor evaluation:
Substantial Proportionality. Are participation opportunities for female students provided in numbers substantially proportionate to their enrollment at the school? Institutions usually cannot refuse to recruit women to artificially lower the proportion of non-male students.
History and Continuing Practice. Way back in the day, nursing, teaching, and home economics programs were probably sufficient. Today’s female students need and deserve much more diversity. The school’s program offerings must grow in accordance with these things.
Full and Effective Accommodation. An institution can be compliant in most or all of the areas mentioned above, yet the program might not fully and effectively accommodate female students. Schools cannot simply pay lip service to Title IX, especially when it comes to their legal responsibilities. More on these responsibilities below.
Notably, the OCR pays special attention to academic areas where women are historically underrepresented, such as STEM programs.
Antidiscrimination Protections
Certain federal laws protect minors and college-age students from discrimination. Title IX is especially important in Ohio. It includes LGBTQ discrimination, bullying, cyberstalking, hazing, sexual harassment, and sexual violence. Schools must have procedures for reporting and investigating complaints, regardless of the type of harassment. Sexual harassment includes any sexual favor in exchange for preferential treatment. Sexual violence is the most severe form of discrimination and schools are held responsible if they knew about it and did nothing.
Additional School Responsibilities
Educational institutions have two important roles under Title IX: being proactive and reactive. Both are crucial to safeguarding students. For instance, schools must assign a dedicated Title IX coordinator who creates and enforces rules, and consistently checks for compliance with Title IX. This coordinator should have adequate funding and be solely dedicated to the role. On the other hand, schools also have a reactive role which involves promptly, thoroughly, and openly investigating any potential Title IX violations, including instances of retaliation.
Title IX Lawyers in Cleveland
Title IX was enacted as an extension of the Civil Rights Act of 1964. Title IX applies to all schools that receive federal funding. That category includes most high schools, universities, and colleges. Private school networks/organizations that accept federal funding are also subject to Title IX’s mandates, even if only one school in the organization receives federal funding.
Title IX provides a private right of action, permitting victims to take immediate legal action to protect themselves and other students from similar abuse. In a private cause of action, the victim must prove: (1) they were a member of a protected class, (2) an adverse action occurred, and (3) there was no legitimate gender-neutral reason for the different treatment.
Just like a school’s legal responsibilities in this area, the dedicated Title IX lawyers at Ciano & Goldwasser, LLP are steadfast in their commitment to your rights. This commitment is more than just a passionate belief in the rights of school students. Every day, we work hard to build our cases, to obtain the compensation and justice our clients deserve. All the while, we proactively communicate with you, so you are never in the dark.
Title IX Coordinators
Under Title IX, every school (or school district) must have a designated Title IX coordinator solely focused on protecting students from discrimination. Investigative powers and responsibilities may be the most important part of a Title IX coordinator’s job. Additionally, the coordinator must be given equal footing with all other school departments, in terms of funding and authority. Specific components of a Title IX coordinator’s job responsibilities include:
Protecting students from all forms of gender discrimination
Implementing in-service programs to educate employees, students, and other stakeholders on school policies relating to Title IX
Developing a process for processing reports of discrimination
Conducting prompt, thorough, and transparent investigations of reported discrimination, regardless of the facts and circumstances of a particular claim
Implementing dispute resolution procedures to address reports of gender discrimination
Protected and Prohibited Activities
Title IX coordinators do more than investigate misconduct allegations. The coordinator must take affirmative steps to protect students’ rights to participate in certain activities, and must guard students against harmful practices.
Protected activities generally include anything that furthers Title IX’s anti-discriminatory message. Specific protected activities include:
Educating people about Title IX’s provisions
Encouraging others to learn more about Title IX and related laws
Standing up for students against illegal discrimination from the school or school district
Filing complaints with the Title IX coordinator’s office
The list of prohibited activities is equally important:
Sexual Harassment. Quid pro quo and hostile environment harassment are the two most common kinds of sexual harassment. A quid pro quo is any request for a sexual favor for any preferential treatment, no matter how small. A hostile environment is a sexually charged atmosphere that would offend a reasonable person.
Sexual Violence. School officials are vicariously liable, and strictly liable, for third-party sexual violence where the school knew about it, and was deliberately indifferent toward it.
Illegal Discrimination. Except in certain situations, schools may not factor gender into any decision they make. Today, “gender” is properly and broadly defined to include sexual orientation and gender identity.
Investigation and Prompt Action
We briefly mentioned the three key elements of a Title IX investigation above. Generally, the investigatory structure must be in place before someone files a discrimination complaint. At the minimum, this structure should include a qualified investigator, a neutral fact-finding body, and a safe and confidential hearing environment. Additionally, a school’s Title IX coordinator must take the initiative to begin the investigatory process. When that does not happen, a simple letter from a Title IX lawyer will likely jumpstart the process.
Thorough Investigation
A thorough investigation goes well beyond listening to the he said/she said portion of a complaint. Witnesses must be interviewed, and documents must be reviewed. Professional investigators know the difference between a one-sided investigation and a thorough one. All too frequently, schools pressure investigators to forget what they know and toe the company line.
Transparent Investigation
It is imperative that complainants and witnesses not be afraid to come forward with their allegations. This is required for a thorough, transparent investigation. This requirement translates to the need for an open hearing, and a full record (e.g., a court reporter). Closed door hearings are permitted in limited situations. Unless these things are present, a reasonable observer would be justified to believe the investigation committee may be impartial.
Cleveland Lawyers Protecting Students’ Rights Under Title IX
Federal lawmakers approved Title IX of the Educational Amendments of 1972, which prohibits gender discrimination in any federally funded school or school system. Notably, at the time, most college students were men. Many people assume that Title IX is about sports equity. That is certainly part of this law, but Title IX encompasses additional students’ rights.
Courts have consistently held that Title IX includes a private right of action. Victims do not have to wait for the federal government to do something. The dedicated Cleveland lawyers protecting students’ rights under Title IX at Ciano & Goldwasser, LLP have a steadfast commitment to you. We hit the ground running and never stop fighting for you.
More is at stake in a Title IX claim than financial compensation. Fundamentally, these claims call attention to illegal bias and protect students not only at one institution, but at all institutions.
Anti-Discrimination Protections
Educational institutions have a right to set their own rules regarding admissions, membership in student organizations, and participation in sports, as long as these rules are consistent with applicable laws. These rules must be the same for everyone.
Title IX give students a way to protect themselves against illegal discrimination. Some examples of protected classes of students and activities include:
LGBTQ Students. As of 2022, students anywhere along the LGBTQ spectrum, have a right to be free from bullying, sexual harassment, retaliation, and discriminatory decisions. Additionally, schools must promptly, transparently, and thoroughly address any such complaints.
Parenting or Pregnant Students. Eligibility rules in this area, including rules about marital or relationship status, are generally illegal under Title IX. Details regarding Title IX’s application to such students in secondary schools, including the accommodations that must be granted in the curriculum and in extracurricular activities to address the educational needs of students who become pregnant or have children, have been in place since 2013.
School Activities. Curricular programs, like STEM programs, and extracurricular programs, like choir and band, cannot have any rules that restrict participation based on gender, sexual orientation, or gender identity, unless this exclusion is specifically authorized by law. For example, certain single-gender classes are permissible.
Hazing. Many initiation and hazing rituals involve offensive sexual content. If these things cross the line into a hostile environment, they are illegal under Title IX. Usually, an environment is hostile if a reasonable person would be unable to participate in the activity, or must avoid certain reasonable behaviors to participate.
Sexual Violence and Harassment. Sexual harassment and sexual violence may be the most extreme expressions of gender discrimination. Usually, an institution is strictly liable for damages in this area, if it knew about the situation and was deliberately indifferent in addressing or preventing it.
Sports Participation. The Office of Civil Rights (OCR) uses a three-prong test to evaluate claims in this area. These three prongs are substantial proportionality (female athletic opportunities are substantially proportional to female enrollment), history and continuing practice (prior program expansion which reflects the abilities and interests of female students), and full and effective accommodation.
Other gender equality rules also apply under Title IX. Athletic and non-athletic opportunities for men and women, including LGBTQ individuals, must be substantially the same in terms of faculty commitment, facilities, resource allocation, academic and institutional support, per diem money to students, recruitment, and other areas.
Title IX matters often deal with retaliation claims. These matters arise if a school acts against an individual for participating in a protected activity. Such protected activities include organizing Title IX awareness, drawing attention to an alleged Title IX violation, serving as a witness in an investigation, filing a claim, or encouraging another person to file a claim. Usually, retaliation victims must show a temporal relationship (e.g., filing a complaint in February and being disciplined for a seemingly unrelated reason in March) to obtain compensation for their losses.
Prima Facie Discrimination Claims
Most Title IX claims, as with most civil claims, settle outside of court. That settlement could occur at almost any point in the litigation process. Frequently, Title IX violation claims settle quickly and on victim-friendly terms because institutions are eager to keep such claims out of the headlines. Other times, these claims can drag on.
First, the victim must present a prima facie discrimination claim – a showing that they were treated differently because of their sex/gender/gender identity. This unfair treatment could be classified as disparate treatment (treating different people differently), or disparate impact (where a policy disproportionately affects people in a protected class). For example, if State X University only admits women to its nursing program, that policy clearly violates Title IX. If State X University allocates twice as much money to its Emergency Medical Technician program as its nursing program, that policy might violate Title IX as well, because the policy disproportionately affects female students.
In response, the institution must show that the rule or policy was, in fact, neutral and affected everyone the same way. This often is a low burden for the institution, such as producing a nondiscriminatory reason for the rule or policy.
Finally, the claimant can rebut their argument by showing that the institution’s purported nondiscriminatory reasoning was merely a pretext for discrimination.
Contact a Dedicated Cuyahoga County Lawyer
Victims are entitled to substantial compensation. For a free consultation with an experienced Title IX lawyer in Cleveland, contact Andy Goldwasser.
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