Affirmative Action, Discrimination and Diversity in Higher Education: Title IX

Title IX says that 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. Gives certain exceptions to religious colleges and traditionally single sex institutions.

Prior to filing a complaint with OCR against an institution, a potential complainant may want to find out about the institution’s grievance process and use that process to have the complaint resolved. However, a complainant is not required by law to use the institutional grievance process before filing a complaint with OCR. If a complainant uses an institutional grievance process and also chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after completion of the institutional grievance process.

W. Va.'s ban against transgender athlete's violated the plaintiff's Title IX rights.

Cert filed after 4th Circ. Ct of Appeals said that charter school was a state actor and had engaged in sex discrimination by requiring girls to wear skirts.

Implementing regulations for Title IX

4/19/24

AP News 4/19/24

The 6th Circuit said the department had not followed the proper procedures for making new rules and did not address whether a federal law banning sex discrimination in education extends protections to LGBTQ students.

Article by Saranna Thornton in the American Association of University Professors' Journal of Academic Freedom

Meg Hancock | 26 Vand. J. Ent. & Tech. L. 329 (2024)

Leigh E. Friestedt, 25 Vanderbilt Journal of
Entertainment and Technology Law 307 (2023)

Library of Congress Research Guide

Title IX can be enforced through a private cause of action.

The sexual harassment of students by either school district employees or other students is actionable under Title IX.

NCAA is not subject to Title IX because it is does not receive federal financial aid.

2023 US Dist Ct case in Ohio where parents argue that teachers encouragement of preferred pronoun use violates Title IX.

Wvlt.tv 9/22/23 The lawsuit claims the softball teams do not receive equal funding, equipment, travel and more.

Darik News 4/2/22

Espn 3/17/22

US Dept. of Education enforces Title IX

ACLU.org

Fox 5 San Diego 4/13/23 A class action lawsuit filed by 17 San Diego State University female student-athletes against the university for violating Title IX is moving forward in favor of the plaintiffs, according to attorney officials.
The ruling is the first in the nation to hold that female student-athletes deprived of equal financial aid can sue their schools for damages, per officials.

NBC4 12/13/22

MS Magazine article about Patsy Mink 5/23/22

AP News 4/30/24

National Association of State High School Associations

Rev. Jan. 2020

American Association of University Women

Best Colleges.com

Columbus State Community College

The Hill 3/27/24

On3.com 12/3/23