March 13, 2023 | Title IX
Title IX is an important piece of legislation that protects people from gender discrimination. It applies to all educational institutions that receive federal funds, including colleges, universities, and elementary schools. The law is designed to give individuals the right to participate in activities on the basis of their gender or sex without facing any prejudice or bias.
What Does Title IX Do?
Title IX prohibits any form of discrimination based on sex in all educational programs and activities that receive federal funding. This includes but is not limited to recruitment, admissions, financial aid, counseling services, academic opportunities, athletics, student housing, and access to courses.
This applies to students, employees, and other third parties that are associated with the institution.
One of the most important aspects of Title IX is its prohibition against sexual harassment or assault based on one’s gender identity or sex. These behaviors create a hostile environment for victims which can have long-lasting effects on their mental health and academic performance.
Schools have an obligation under Title IX to investigate reports of sexual harassment or assault as well as take steps to prevent them from occurring in the future.
LGBT+ Students Are Protected Under Title IX
LGBT students face a heightened risk of sexual assault compared to their non-LGBT peers; therefore, it is important that they are protected under Title IX as well.
Schools must ensure that their policies do not discriminate against LGBT students based on gender identity or sexual orientation when providing educational opportunities.
Protection Against Retaliation
Title IX also protects those that file complaints from retaliation. Schools also have both an ethical and legal responsibility to protect victims from harm—including any form of retaliatory behavior or harassment from others.
Examples of Title IX Violations
Gender Discrimination – Examples
Gender discrimination occurs when someone is treated differently due to their gender. This includes situations such as:
- Bullying based on gender – this can include derogatory or sexist remarks or jokes, exclusion from activities or conversations, etc.
- Gender discrimination occurs when a school fails to provide equal educational or athletic opportunities to both genders.
Many other situations could give rise to this type of claim.
Sexual Harassment – Examples
Sexual harassment is defined as any unwelcome behavior related to sex or gender that is unwanted and offensive to the recipient. Examples include:
- Stalking or obscene phone calls, texts, emails, or gestures
- Inappropriate touching
- Sexually suggestive jokes, whistles, catcalls, or innuendos
Not all sexual harassment involves physical contact; it can still be considered a form of sexual harassment if it creates a hostile environment for the recipient.
Retaliation – Examples
Retaliation is any type of negative action taken against someone in response to a filed complaint regarding a Title IX violation. Some examples include:
- Suspending a student after reporting a violation
- Firing or a loss of benefits due to filing a complaint
- Unfair treatment or discrimination after a filed complaint
These protections are in place to encourage people to bring Title IX complaints without fear of repercussion.
Contact a Dayton Title IX Lawyer
If you are facing Title IX proceedings in Dayton, an experienced attorney can defend your rights. Your lawyer can review your case carefully and advise you on your legal options.
It’s clear that Title IX provides essential protections against gender discrimination and sexual misconduct for individuals attending educational institutions nationwide. However, Title IX investigations and procedures are not subject to the same rules that courts must follow. As a result, having a Dayton Title IX defense lawyer on your side may be necessary to ensure you aren’t taken advantage of.
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402