What is Title IX?  

Title IX was passed in 1972 as part of the Education Amendment Acts. It prohibits all institutions that receive government funding from discriminating against students based on sex.

This includes well-known forms of sex-based discrimination, such as unequal access to sports. It is less well-known that Title IX also protects students from school-based sexual harassment and assault. The law defines sexual assault as a form of discrimination that can directly affect a student’s performance or participation in school.

Under Title IX, students have the right to access:

• A Title IX coordinator. Students can contact this person to report sexual discrimination, harassment, or violence.
• A clear grievance procedure. Schools should adopt and publish a procedure to report, investigate, and punish Title IX violations.
• A prompt investigation after they file a complaint.

Why is it important? 

Title IX violations including sexual assault remain widespread for students at federally-funded institutions.

According to the CDC, 1 in 4 girls and 1 in 14 boys experience sexual abuse during childhood. However, most students receive little or no information about what to do in cases of sexual harassment or sexual assault.

The Department of Education found that reports of sexual violence at K-12 schools rose by almost 50% between 2015/16 and 2017/18, from 9,6000 to 15,000 reports. K-12 schools across the country fail to address sexual assault also intimidate survivors to avoid victims and avoiding lawsuits.

College students are at an elevated risk for sexual violence. 13% of college students experience rape or sexual violence. Women in college are three times more likely to face sexual violence compared to all women.

There were more than 502 investigations of colleges for mishandling reports of sexual violence in the 2010s. 305 of those cases remain open.

Women and gender minorities are disproportionately affected. One in five college women are victims of sexual assault. Women are significantly more at risk than men. LGBTQ+ students and students with disabilities are also disproportionately affected. Title IX is meant to protect everyone, regardless of gender identity.

The ‘Dear Colleague’ Letter

In 2011, the Obama administration issued a ‘Dear Colleague’ letter, guidelines to strengthen Title IX. It sought to:

• Reinforce the requirement to investigate sexual assaults
• Set out victim-centered standards and encourage greater victim support services
• Encourage a culture of consent for sexual activity
• Establish rights and protections for the accused
• Use the ‘preponderance of evidence’ standard, giving the benefit of doubt to victims.

Trump-Era Rollbacks

In September 2017, former Department of Education Secretary Betsy DeVos announced the rescinding of the ‘Dear Colleague’ letter. New guidelines released in 2020 under the Trump Administration bolstered protections of those accused of sexual assault. They were immediately condemned by women’s rights advocates across the US.

The revised policies not only limit what can be protected under Title IX; they are also likely to intimidate and discourage victims from coming forward.

The Biden Administration’s Response

In March 2021, President Biden signed an executive order to suspend, revise, or rescind the 2020 regulations.

The Biden Administration seeks to restore equal protections for both the survivors and the accused of sexual assault.

Take action here.

Updated: World Without Genocide, August 2021 ©