Gender Equality (Title IX)

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance.” –Title IX of the Educational Amendments of 1972.

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex in educational programs and activities. Title IX applies to public and private educational institutions that receive federal funds, including nearly all public K-12 schools in Idaho.

While traditionally known as the federal law that required women be given similar opportunity to participate in athletics as men, Title IX protects everyone’s right to be free from discrimination on the basis of sex in connection with the programs and activities of educational institutions receiving federal financial assistance. Discrimination on the basis of sex generally includes sexual harassment, sexual assault, dating violence, domestic violence, stalking, and “bullying” on the basis of sex, gender, or gender stereotypes. Title IX also provides protections for pregnant and parenting students and employees.

Title IX:

  • Protects potential and current students in connection with all academic, educational, extra-curricular, athletic, and other programs of the school, including school-sponsored or condoned activities (off-campus trips, sororities and fraternities affiliated with school, etc.).
  • Protects potential and current employees in connection with all employment opportunities, including recruitment, consideration and selection and working conditions.

You Have Rights Under Title IX!

Title IX requires schools that received federal funds to prevent and respond to complaints harassment and discrimination on the basis of sex. Schools subject to Title IX must:

  • Offer supportive measures for the party who has been impacted by possible harassment or discrimination on the basis of sex.
  • Investigate what happened if a qualifying complaint is received.
  • Take appropriate steps to resolve the matter. A school should do its best to eliminate the harassment, prevent recurrence, and remedy the effects of discrimination or harassment.
Complaints

Complaints should be filed with the individual school, district, or institution. However, a complaint may also be filed with the Office for Civil Rights: How to File a Discrimination Complaint.



Anti-Retaliation Provision

A school cannot retaliate against individuals for engaging in protected activities under Title IX, including:

  • Filing a Title IX complaint
  • Participating in a Title IX investigation, hearing or proceeding
  • Advocating for others’ Title IX rights

Title IX applies to and protects employees from discrimination and harassment on the basis of sex. For all complaints involving conduct covered by Title IX, schools must comply with the grievance processes outlined in the code of federal regulations.

Additionally, Title IX requires that each school district have at least one employee designated as the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring compliance with Title IX, and associated regulations and guidance documents. The Title IX Coordinator will also coordinate all efforts of a school or district’s Title IX team for the purpose of conducting required investigations.

K-12 schools and districts subject to Title IX must also:

  • Have, publish, and widely disseminate a policy of non-discrimination and a grievance process complaint with 34 CFR 106.45. The Idaho School Board Association has a template policy and procedure available to all Idaho schools.
  • Publish the name and contact information for the Title IX Coordinator on the district or school website.
  • Provide baseline training for all people involved in any Title IX grievance process and publish all training received on the district or school’s website.
  • Notify all employee that they are responsible employees under Title IX.
Training for Title IX Coordinators

All Title IX Coordinators should participate in adequate training to understand their role and responsibilities across the breadth of Title IX compliance. At a minimum, Title IX Coordinators should have training as outlined in 34 CFR 106.45, including:

  • The definition of sexual harassment within Title IX.
  • The scope of the recipient’s educational program or activity.
  • How to conduct an investigation or grievance process including hearings, appeals, and informal resolution processes.
  • How to serve impartially by avoiding prejudgment of facts at issue, conflicts of interest, and bias.
Anti-Retaliation Provision

A school cannot retaliate against individuals, including Title IX Coordinators, for engaging in protected activities under Title IX, including:

  • Filing a Title IX complaint.
  • The scope of the recipient’s educational program or activity.
  • Participating in a Title IX investigation, hearing or proceeding.
  • Advocating for others’ Title IX rights.

Frequently Asked Questions

Training Resources

Title IX On-Demand Course Information

The Title IX on-demand course has multiple components that may be completed: Title IX basics; Coordinator Responsibilities; Investigator/Decision Maker Responsibilities; Informal Resolutions; Decision Maker Appeals; and Title IX & Athletics. Also included with the course materials are handouts and resources.