title ix in class presentation

The Evolution of Title IX in American Higher Education

Alexander Devers

• The “Great Society” o The Civil Rights Act of 1964

o The Voting Rights Act of 1965

o The Elementary and Secondary Education Act of 1965

o The Higher Education Act of 1965

Cooley 2011

The Foundation of Title IX

What did this Act do?

• Designed to create more access to college for those group in American society who were marginalized or disenfranchised.

The Higher Education Act of 1965

What did this Act do?

• The Higher Education Act provided grants to institutions of higher learning for research, allocated need-based aid to student in the form of scholarships and loans.

Cooley 2011

The Higher Education Act of 1965

Higher Education Act Amendments of 1972

• Sponsored by Senator Birch Bayh

• Title IX simply states:

o “No person in the United States shall, on the basis of sex, be exclude from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”

US Department of Justice 2013

Bioguide.congress.gov

• Religions institutions with contrary religious tenets

• institutions training individuals for military service

• single sex colleges or universities

• fraternities and sororities

• father-son or mother-daughter activities

• beauty pageants US Department of Justice 2013

Title IX Exemptions

• Title IX in its earliest form, dealt primarily with Athletics.

• The Government felt that guidance was required for the law to be enforceable and equal from institution to institution.

Title IX in the Beginning

1. Whether the selection of sports and levels of competition effectively accommodate the interests

and abilities of members of both sexes;

2. The provision of equipment and supplies;

3. Scheduling of games and practice time;

4. Travel and per diem allowance;

5. Opportunity to receive coaching and academic tutoring on mathematics only;

6. Assignment and compensation of coaches and tutors;

7. Provision of locker rooms, practice and competitive facilities;

8. Provision of medical and training facilities and services;

9. Provision of housing and dining facilities and services;

10. Publicity

(Forseth, 1995, p. 56)

Department of Health, Education and Welfare’s Office of Civil Rights Ten Factors 1974

Grove City College v. Bell Holding • 7-2 Decision

• The Court ruled that BEOGs were federal assistance and were subject to Title IX, leaving Grove City having to Comply with Title IX.

• Only programs that had any interaction with BEOG money were required to follow Title IX

• Was not a violation of First Amendment Rights.

o Congress has the option to attach conditions to federal funds that an institution is not obligated to accept

(Rehberg, 2011)

Implications and Response

• Seen as a win for the US Department of Education. First victory for Title IX in Court.

• Congress was unhappy with the narrow scope of the ruling.

• In 1987 the Congress passed the Civil Rights Restoration Act.

• This act was a clear signal to Colleges and Universities that all aspects of the institution must be in compliance with Title IX if any Federal or State money is used at the institution.

(Safransky, 2010)

Grove City College v. Bell

Title IX in the 1990’s

Christine Franklin v. Gwinnett County Public Schools

Holding • “From the earliest years of the Republic, the Court has recognized the

power of the judiciary to award appropriate remedies to redress injuries actionable in federal court, although it did not always distinguish clearly between a right to bring suit and a remedy available under such a right.”

• “In sum, we conclude that a damages remedy is available for an action brought to enforce Title IX. The judgment of the Court of Appeals, therefore, is reversed and the case is remanded for further proceedings consistent with this opinion.”

(Christine Franklin v. Gwinnett County Public Schools , 1991)

Holding • “Allowing recovery of damages based on principles of

respondeat superior or constructive notice in cases of teacher-student sexual harassment would be at odds with that basic objective, as liability would attach even though the district had no actual knowledge of the teacher’s conduct and no opportunity to take action to end the harassment”

(Gesber v. Lago Vista Independent School District, 1998)

Gesber v. Lago Vista Ind. School District

• Created the following doctrine: o “Actual Knowledge”

o “Deliberate Indifference”

(Kaplin & Lee, 2007, p. 314)

Gesber v. Lago Vista Ind. School District

Holding • “We consider here whether the misconduct identified in Gebser-deliberate

indifference to known acts of harassment- amount to an intentional violation of Title IX, capable of supporting a private damages action, when the harasser is a student rather than a teacher. We conclude that in, certain limited circumstances, it does.”

• “substantial control over both the harasser and the context in which the known harassment occurred”

(Kaplin & Lee, 2007, p. 315)

Davis v. Monroe County School Board

• The institution must have “actual knowledge” of the harassment

• The institution must have responded (or failed to respond) to the harassment with “deliberate

indifference,” which the Davis case defined as a response that is “clearly unreasonable in light of

the known circumstances”

• The institution must have had “substantial control” over the student harasser and the context of

the harassment; and

• The harassment must have been “severe, pervasive, and objectively offensive” to an extent that

the victim of the harassment was in effect deprived of educational opportunities or services.

(Kaplin & Lee, 2007, p. 316)

Gesber-Davis Standard

Title IX in the 21st Century

Dear Colleague Letter 2011

“Education has long been recognized as the great equalizer in America. The U.S. Department of

Education and its Office for Civil Rights (OCR) believe that providing all students with an

educational environment free from discrimination is extremely important. The sexual harassment

of students, including sexual violence, interferes with students’ right to receive an education free

from discrimination and, in the case of sexual violence, is a crime. “

(US Department of Education: Office of Civil Rights, 2011, p. 1)

Dear Colleague Letter 2011

“young women get to college, nearly 20% of them will be victims of attempted or actual sexual assault,

as will about 6% of undergraduate men and Victims of sexual assault are more likely to suffer

academically and from depression, post-traumatic stress disorder, to abuse alcohol and drugs, and to

contemplate suicide.”


Dear Colleague Letter 2011 1.

1. Provides guidance on the unique concerns that arise in sexual violence cases, such as the role of criminal investigations and a school’s independent responsibility to investigate and address sexual violence.

2. Provides guidance and examples about key Title IX requirements and how they relate to sexual violence, such as the requirements to publish a policy against sex discrimination, designate a Title IX coordinator, and adopt and publish grievance procedures.

3. Discusses proactive efforts schools can take to prevent sexual violence.

4. Provides examples of remedies and enforcement strategies that schools and the Office for Civil Rights (OCR) may use to respond to sexual violence.


Dear Colleague Letter Obligations

1. Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate or otherwise determine what occurred.

2. If sexual violence has occurred, a school must take prompt and effective steps to end the sexual violence, prevent its recurrence, and address its effects, whether or not the sexual violence is the subject of a criminal investigation.

3. A school must take steps to protect the complainant as necessary, including interim steps taken prior to the final outcome of the investigation.

4. A school must provide a grievance procedure for students to file complaints of sex discrimination, including complaints of sexual violence. These procedures must include an equal opportunity for both parties to present witnesses and other evidence and the same appeal rights.

5. A school’s grievance procedures must use the preponderance of the evidence standard to resolve complaints of sex discrimination.

6. A school must notify both parties of the outcome of the complaint.


Title IX, DCL and CAS • CAS

o “Purposeful and functional as social and cultural resources to provide opportunity for student to learn and develop.”

(The Council for the Advancement of Standards in Higher Education, 2008, p. 9)

• DCL

o “schools inform students that the schools’ primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that use of alcohol or drugs never makes the victim at fault for sexual violence.”


Title IX/DCL and CAS • CAS

o Assess student and clientele needs, satisfaction, campus environment and culture, and finally benchmark the institution against comparable institutions or national standards.

(The Council for the Advancement of Standards in Higher Education, 2008, p. 11)

• DCL

o “A school must take steps to protect the complainant as necessary, including interim steps

taken prior to the final outcome of the investigation. A school must provide a grievance

procedure for students to file complaints of sex discrimination, including complaints of

sexual violence. These procedures must include an equal opportunity for both parties to

present witnesses and other evidence and the same appeal rights.”


Education has long been recognized as the great equalizer in America. -DCL

• Title IX on Gender v. Sex

• Title IX on Sports-Gender v. Sex

• Title IX on Gender Neutral Issues (housing etc.)

• Title IX and issues of university policy and police policy

Future Title IX Issues

Questions?