What is Title IX?
Under Title IX, no person can be subjected to discrimination based on sex in any educational institution or program that is receiving federal financial assistance. Title IX law firm deals with any discrimination that includes exclusion from participation or denying benefits from educational activities and any sexual harassment at such places or institutions. The statute requires every school, including K-12 private schools and a majority of universities that have been getting federal funding. The United States Department of Education provides guidelines and framework for this statute.
Scope of Title IX
Title IX has a very wide scope with respect to its application, including all the state and local education agencies. Let’s have a look at what all educational agencies come under the purview of this statute.
- Local district schools
- Post-secondary institutions
- Charter schools
- For-profit schools
- Libraries
- Museums
- Vocational rehabilitation agencies
- Every other education agency under the possession of the United States
In case of any sexual discrimination act on the campus, the schools are obliged to address such discrimination and any sexual violence on the campus as per the guidelines laid down by the 2017 Interim Guidance. Title IX law firm takes care of any such matter, if and when they take place. If Title IX attorney finds any school or education agency violating the rules of this statute, they will lose the federal funding and will also have to face penalties or punishments discussed in the statute.
There is a list of all the obligations that the education agencies have to prohibit any sexual discrimination otherwise, it may lead to serious consequences:
- Recruitment
- Admission
- Counselling
- Financial assistance
- Athletics
- Sexual harassment
- Treatment of pregnant and parenting students
- Discipline
- Single-sex education
- Employment
Any retaliation on the part of any recipient in case of any such accusations will be considered as a violation of the Title IX statute.
Important to know about Title IX
Below are some of the important points that should be taken into consideration in respect of Title IX by every education agency or institution and the students. Let’s have a look at them.
- Title IX is a civil right prohibiting any kind of sexual discrimination and violence in education
- This statute is applicable to every student of the educational institute or agency, irrespective of their gender identity.
- Schools are required to take care of the fact that no student is sharing any campus space with his/her abusers. Campus spaces include dorm, classes and workplace.
- Schools can not retaliate against someone who is filing any complaint regarding sexual discrimination or harassment. They are also required to ensure that the complainant is kept safe from the other retaliatory harassment of any kind.
- A no-contact directive can be issued by the schools to make sure that the accused students do not approach or interact with the student or students filing the complaint
- Scholls are required to be proactive and take proper steps to make sure that the school campus is free from any discrimination or violence based on sex.
- In case of any discrimination, the schools can not discourage the complainant from continuing their education in the school campus.
- There should be an established procedure to be followed in every educational institute or agency to deal with any kind of sexual discrimination, harassment or violence.
- All the schools are required to disseminate a notice for non-discrimination under Title IX, and failing to do so will be considered as a violation of the statute.
- Every educational institute or agency receiving federal funding is also required to have a Title IX Coordinator. The coordinator can be contacted to report any sexual discrimination, harassment and violence by the victim and any third-party.
- It is a must for the schools to adopt and publish a clear grievance redressal procedure in case of any sexual discrimination, harassment or violence taking place in the school campus.
- The grievance procedure should be prompt and equitable, meaning both the parties should be given equal rights for their case. For example, if the school is providing the victim with an attorney, then the accused is also entitled to have a title IX defence lawyer.
- Any complaint regarding any such sexual discrimination or violence should be promptly attended to, in order to avoid any hostile environment in the campus as a result of such incident.
Every student and parent should and must have complete knowledge about their rights under Title IX in order to avoid any complication if any such incident takes place. The non-discriminatory notice is provided in the student handbooks of every higher education institute or agency. Students should not involve themselves in such discriminatory or violent activities and should report any such incident if they come to know about it at the earliest. Sexual discrimination, harassment and violence is only a crime against the victim, it is a crime against humanity.
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