Last updated 3 months ago. Our resources are updated regularly but please keep in mind that links, programs, policies, and contact information do change.
Title IX of the Education Amendments of 1972 was designed to prohibit discrimination based on sex in educational programs and activities that receive federal financial assistance. This legislation ensures equal access and opportunity within education, regardless of gender.
Its fundamental principle is clearly stated in its text: “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.”
Who and What is Covered?
Title IX applies to a vast array of entities within the educational landscape. It directly applies to schools, including local and state educational agencies, and other institutions that receive federal financial assistance from the Department of Education.
This includes approximately 17,600 local school districts, over 5,000 postsecondary institutions, charter schools, for-profit schools, libraries, and museums. The law’s coverage extends to vocational rehabilitation agencies and education agencies across all 50 states, the District of Columbia, and U.S. territories.
Title IX also applies to any education or training program operated by an entity receiving federal financial assistance. The term “program or activity” is defined broadly, encompassing:
- Governmental bodies at the state and local levels
- All types of educational institutions from preschool through higher education
- Private organizations primarily engaged in providing education, healthcare, housing, social services, or parks and recreation
The obligations under Title IX span numerous key areas, including:
- Recruitment, admissions, and counseling
- Financial assistance
- Athletics
- Sex-based harassment, including sexual assault and other forms of sexual violence
- Treatment of pregnant and parenting students
- Treatment of LGBTQI+ students
- Discipline
- Single-sex education
- Employment within educational institutions
Title IX also prohibits retaliation against individuals who report or oppose sex discrimination.
Areas Where Sex Discrimination is Prohibited
Athletics
One of the most visible impacts of Title IX has been in athletics. The law prohibits discrimination based on sex in all athletic programs that receive federal funding, from club and intramural to interscholastic and intercollegiate levels.
Schools must provide equivalent benefits, opportunities, and treatment for both male and female athletic teams overall. This assessment includes factors such as:
- Quality and availability of equipment and supplies
- Scheduling of games and practice times
- Travel and per diem allowances
- Quality of coaching and academic tutoring
- Assignment and compensation of coaches
- Quality of locker rooms, practice and competitive facilities
- Medical and training services
Title IX mandates nondiscrimination in athletic scholarships and financial assistance, ensuring that the total amount available to male and female student-athletes is proportional to their participation rates.
Schools must effectively accommodate the athletic interests and abilities of both male and female students, often evaluated using the “Three-Part Test” which assesses:
- Proportionality of participation
- History of program expansion for the underrepresented sex
- Full and effective accommodation of interests and abilities
This focus on equal resources and opportunities has addressed the historical underrepresentation of women in sports.
Admissions
Title IX’s prohibition against sex-based discrimination in admissions applies specifically to:
- Institutions of vocational education
- Professional education
- Graduate higher education
- Public institutions of undergraduate higher education
These institutions cannot exclude, separate, deny benefits to, or otherwise treat students differently based on sex in their admissions processes.
Private undergraduate colleges and public elementary and secondary schools are exempt from this specific admissions prohibition. However, all other programs and activities within these institutions are still governed by Title IX if they receive any federal financial assistance.
Financial Aid
Title IX prohibits sex-based discrimination in all aspects of financial assistance for educational programs that receive federal funding. Institutions cannot:
- Provide different amounts or types of aid
- Limit eligibility
- Apply different criteria
- Otherwise discriminate based on sex in financial aid programs
This prohibition extends to all forms of financial assistance, including scholarships, grants, loans, and other forms of aid.
There are limited exceptions for sex-restricted scholarships or fellowships established through legal instruments such as wills or trusts, but institutions must ensure that the overall effect of awarding such aid does not discriminate on the basis of sex.
Sexual Harassment and Violence
Title IX explicitly prohibits sex-based harassment, which includes sexual assault and other forms of sexual violence.
Educational institutions must respond promptly and effectively to sexual harassment that creates a hostile environment—conduct that is sufficiently severe, pervasive, or objectively offensive that it limits a student’s ability to participate in or benefit from school programs or activities.
Sexual harassment under Title IX includes:
- Unwelcome conduct of a sexual nature
- Quid pro quo harassment (where a school employee conditions an educational benefit on participation in unwelcome sexual conduct)
- Hostile environment harassment
Examples include unwelcome sexual advances, requests for sexual favors, sexual assault, sexual exploitation, and in some circumstances, dating violence, domestic violence, and stalking.
Schools must adopt and publish clear procedures for resolving complaints of sex discrimination, including those involving sexual violence.
Pregnant and Parenting Students
Title IX prohibits discrimination based on sex, which includes pregnancy and parental status. Schools must:
- Allow pregnant students to continue participating in all aspects of education
- Provide reasonable adjustments to accommodate pregnant students’ needs
- Excuse absences due to pregnancy or childbirth as long as medically necessary
- Offer opportunities to make up missed work
- Provide access to special services offered to students with temporary medical conditions
- Protect pregnant and parenting students from harassment
This protection ensures that pregnancy and parenthood do not become barriers to educational attainment.
Sexual Orientation and Gender Identity
While the original text of Title IX in 1972 did not explicitly mention sexual orientation and gender identity, interpretations have evolved to include protection against discrimination on these grounds.
The Department of Education has clarified that institutions receiving federal funds must operate education programs in a nondiscriminatory manner, free from discrimination based on sex, which now includes sexual orientation and gender identity.
This expanded understanding ensures that LGBTQI+ students are protected from harm and have equal access to educational opportunities.
Your Rights and Protections as a Student
As a student in an educational program or activity that receives federal funding, you have significant rights and protections under Title IX:
General Rights
- Right to a non-discriminatory educational environment
- Right to participate fully in all aspects of education without facing sex discrimination
Rights Regarding Sexual Harassment
- Right to report incidents to your school and expect a prompt and equitable investigation
- Choice of whether to report to campus or local law enforcement
- Right to be informed about available resources, such as victim advocacy and counseling
During Investigations
- Right to interim measures to ensure safety and continued access to education
- Right to an adequate, reliable, and impartial investigation
- Right to be notified of investigation timeframes
- Right to present witnesses and evidence
- Right to legal representation if the alleged perpetrator has one
- Right to written notification of the outcome of your complaint and any appeal process
Additional Protections
- Protection from retaliation for reporting or opposing sex discrimination
- For pregnant or parenting students, right to continue education with reasonable accommodations
How to File a Complaint
If you believe you’ve experienced sex discrimination in a school or educational program that receives federal funding, you have several options:
School Grievance Procedures
Every school must adopt and publish internal grievance procedures for resolving complaints of sex discrimination. Start by following the steps outlined in your school’s policies.
U.S. Department of Education’s Office for Civil Rights (OCR)
- Anyone can file a complaint, including third parties acting on behalf of someone else
- Generally, file within 180 days of the last act of discrimination
- File online at OCR’s electronic complaint form
- Mail or fax your complaint to the address or phone number on the OCR website
- Email your complaint to [email protected]
What to Include in Your Complaint
- Your contact information
- Details about the person or group harmed (if different from you)
- Name and location of the institution
- Detailed description of what happened, when it happened, and why you believe it was discriminatory
Department of Justice’s Civil Rights Division
- File with the Federal Coordination and Compliance Section (FCS) complaint process
- Use the online portal for reporting civil rights violations at Civil Rights Justice
Ensuring Compliance: Federal Guidance for Schools
Educational institutions that receive federal funding must take several key actions to ensure compliance with Title IX:
Title IX Coordinator
- Designate at least one employee as the Title IX Coordinator
- This person coordinates efforts to comply with Title IX responsibilities
- Make their contact information (name, office, address, telephone) readily available to students and employees
Policies and Procedures
- Adopt and publish internal grievance procedures for prompt and equitable resolution of complaints
- Develop and implement a clear policy against sex discrimination
- Explicitly state that the policy covers discrimination against pregnant and parenting students
Training
- Provide regular training to all employees on Title IX requirements
- Train staff on the school’s policies and procedures for addressing sex discrimination
Federal Resources
- The Office for Civil Rights (OCR) provides guidance and resources to schools
- Materials include summaries of Title IX provisions, FAQs, and policy interpretations
- OCR enforces Title IX through complaint investigations and compliance reviews
- The Department of Justice provides guidance to promote consistent enforcement across government agencies
The Impact of Title IX
Since its enactment in 1972, Title IX has transformed educational opportunities across the United States:
Educational Attainment
- By 2009, approximately 87% of women had at least a high school education, up from 59% in 1970
- About 28% of women held at least a college degree in 2009, compared to 8% in 1970
- By 2022, educational attainment rates were generally higher for females than for males
Athletic Participation
- Female participation in high school sports has dramatically increased since 1972
- Women’s and men’s participation opportunities in college sports have grown consistently since Title IX’s passage
Notable Enforcement Cases
Athletics:
- Biediger v. Quinnipiac University (2010-2011): Clarified what constitutes an athletic participation opportunity
- Cohen v. Brown University (1996): Affirmed the necessity of equal participation opportunities
- University of Maryland, Baltimore County (2025): $4.14 million settlement for discrimination against female student-athletes
Admissions:
- Cannon v. University of Chicago (1979): Established that individuals can hold schools liable for discrimination
- United States v. Virginia (VMI) (1996): Affirmed that denying admission to women violated the Equal Protection Clause
Sexual Harassment:
- San José State University (2025): $1.6 million agreement for failure to respond to reports of sexual harassment
- Case Western Reserve University and Burlington School District: Resolution agreements to improve responses to sexual harassment
Recent Updates and Interpretations
Title IX continues to evolve:
- The Department of Education issued revised regulations in April 2024, set to take effect August 1, 2024
- These updates faced legal challenges and are currently enjoined in some states
- A January 31, 2025 “Dear Colleague” letter advised that OCR would temporarily return to enforcing the 2020 Title IX Rule
- This resulted from a ruling by the United States District Court for the Eastern District of Kentucky
The understanding of “sex” under Title IX has broadened through court decisions and agency guidance to encompass protection against discrimination based on sexual orientation and gender identity.
Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.
