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Title IX FAQs
What is Title IX?
Title IX of the educational amendments of 1972 is a federal law that protects people from any discrimination based on their sex in educational programs that receive any Federal financial assistance. The Title IX law reads:
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 program or activity receiving Federal financial assistance.
What schools/institutions are covered?
There are over 24,000 educational institutions that fall under Title IX jurisdiction. Included in that total are 16,000 local school districts, 3,200 post-secondary schools, 5,000 for profit schools including libraries and museums. All state and local agencies that receive Federal financial assistance are covered under Title IX laws.
Who is responsible for compliance?
The responsibility for enforcing Title IX falls to the Office for Civil Rights (OCR) within the department of ED. The major enforcement activity of the OCR is to resolve and investigate complaints filed by those who feel they have been the subject of sex discrimination covered under Title IX. Due to the large number of institutions under the jurisdiction of the OCR, the OCR takes proactive steps to help institutions voluntarily comply with Title IX laws by providing them with information and guidance pertaining to Title IX. All educational institutions covered under Title IX laws are required to appoint a Title IX Coordinator. Taffye Benson Clayton is the Title IX Coordinator for ECU. She can be reached at 252-328-6804 or claytont@ecu.edu.
Is sexual harassment covered under Title IX? What constitutes sexual harassment under Title IX?
Yes, sexual harassment is covered under Title IX; in fact it is one of the ten major areas of focus for Title IX.
“Sexually harassing conduct (which can include unwelcome sexual advances,requests for sexual favors, and over verbal, nonverbal, or physical conduct of a sexual nature) by and employee, by another student, or by a third party that is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or activity, or to create a hostile or abusive educational environment.”
Sexual harassment against students, as recognized by Title IX, can be engaged in by school employees, other students or third parties. Not all sexually connotative behavior is considered sexual harassment under Title IX. Institutions must consider the maturity and age of the offender when taking action regarding a sexual harassment allegation. Also, a one-time incident must be deemed severe to rise to the level of harassment.
Don’t forget Title IX applies protection from sexual harassment to both males and females!
How does Title IX pertain to employment practices?
Title IX prohibits discrimination, on the basis of sex, in employment and employment practices in any education program receiving Federal financial assistance. Title IX encompasses many aspects of employment practices including but not limited to: recruitment, advertising, hiring, tenure, rates of pay and fringe benefits.
Title IX also provides protection from questions about a potential applicant’s marital or parental status. Title IX requires that pregnancy be treated as a temporary disability not a reason for dismissal. It requires a granting of leave and payment of disability income, and continuation of other benefits and services.
How does Title IX apply to athletics?
Title IX requires that all athletic departments to provide equal opportunity for participation in sports to both sexes. Equal opportunity is accomplished if athletic departments can show any one of the following requirements:
Substantially proportionate athletic opportunities for both males and females,
A history and continuing practice of expanding opportunities for the under-represented sex,
Full and effective accommodation of the interests and abilities of the under-represented sex. The institution are not required to offer the same sports, they must provide an equal opportunity for females to play in sports of interest.
Title IX athletics component of Title IX covers everything thing from amount of scholarship money awarded, the total aid must be in proportion with the total number of male and female athletes, to equipment and supplies, to per diem travel allowances. The major idea behind compliance with the athletic component of Title IX is one of quality not necessarily quantity.
If you feel that you have been harassed or discriminated against East Carolina University has a procedure in place to file and investigate harassment or discrimination charges. The East Carolina University manual reads:
“East Carolina students, faculty members, and administrators or visitors who believe that they are victims of sexual, racial, or ethnic harassment or discrimination by East Carolina University Faculty members or administrators with faculty status should bring the matter to the attention of the University Equity Officer.”
Taffye Benson Clayton is the University Equity Officer and can be reached at 252-328-6804 or claytont@ecu.edu. |
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