Title IX Frequently Asked Questions
What is Title IX?
Title IX of the Education Amendments of 1972 was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. It is one of several federal and state anti-discrimination laws that define and ensure equality in education. The regulations implementing Title IX, published in 1975, prohibit discrimination, exclusion, denial, limitation, or separation based on gender. Title IX 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.
Who enforces Title IX?
The United States Department of Education’s Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information regarding OCR can be found at https://www.ed.gov/about/offices/list/ocr/index.html.
Who is protected under Title IX?
Title IX covers all students, faculty, and staff regardless of gender identity and/or sexual orientation in any educational program receiving federal funding.
What conduct is prohibited by Title IX?
Title IX prohibits discrimination on the basis of sex. Title IX prohibited conduct includes sexual harassment, sexual assault, sexual misconduct, relationship (dating) violence, and stalking. See Definitions in the Title IX & Sexual Misconduct Policy.
Will I be required to participate in a formal resolution process?
No. If you are the complainant in a reported matter, you decide whether or not to pursue a formal Title IX process. Upon receiving a report of alleged prohibited conduct, the Title IX Coordinator will request a meeting with you to explain your options and connect you to resources and support services. Once you have been informed of your process options, the Title IX Coordinator will explain how to complete a Formal Title IX Complaint if you wish to pursue a formal resolution process.
Is it possible to be sexually harassed/assaulted by a person of the same gender?
Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX and University policy.
How do athletics comply with Title IX?
Title IX requires that schools, that receive federal funding, provide equal opportunities for members of both sexes. It addresses the availability, quality, and kind of benefits and the opportunities and treatment that athletes receive. There are three basic aspects of Title IX as applied to athletics:
- Participation: Title IX is not a quota system. Every institution has three options to demonstrate fairness in athletic opportunities. Schools can show that they comply with Title IX if they can demonstrate any one of the following:
- Substantially proportionate athletic opportunities for male and female athletes;
- 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. Schools do not necessarily need to offer identical sports, yet they do need to provide an equal opportunity for females to play in sports of interest.
- Scholarships: The total amount of athletic aid (not applicable at Cal Lutheran) must be substantially proportionate to the ratio of female and male athletes. For example, consider a college with 90 female athletes and 115 male athletes and a scholarship budget of $100,000. An equitable distribution of funds would award $44,000 in scholarship aid to female athletes and $56,000 to males.
- Additional Athletic Program Components: Title IX also mandates equal treatment in the provision of:
- Equipment and supplies
- Game and practice times
- Locker rooms
- Medical and training facilities
- Practice and competitive facilities
- Recruitment of student-athletes
- Travel per diem allowances
- Tutoring opportunities
The standard for compliance is one of quality rather than quantity. The actual amount of money spent on women's and men's programs may differ as long the quality of facilities and services for each program achieve parity. For example, equipment needed for men's football may cost more than equipment needed for women's field hockey. Title IX compliance is achieved as long as both teams are given equipment of comparable quality. However, Title IX is violated if a community builds a state-of-the-art field and locker facilities for males, but requires female athletes to share a field owned by a local community center. In this example, the quality of facilities is far from equitable, and Title IX is violated.