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    Title IX of the Education Amendments Act of 1972

    This page defines discrimination under education

    Title IX of the Education Amendments Act of 1972

    Title IX provides:

    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.

    Title IX is published in the United States Code at 20 U.S.C. §1681-§1688EXIT

    EXIT EPA WEBSITE .

    Source : www.epa.gov

    Title IX Education Amendments

    Title IX of the Education Amendments of 1972 prohibits sex discrimination in any education program or activity receiving federal financial assistance.

    Title IX of the Education Amendments of 1972

    Title IX of the Education Amendments of 1972 (Title IX) prohibits sex (including pregnancy, sexual orientation, and gender identity) discrimination in any education program or activity receiving federal financial assistance.

    What conduct is prohibited by Title IX?

    The Title IX regulation states that "except for provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives ... Federal financial assistance ....

    (b) Specific prohibitions. Except as provided in this subpart, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex:

    (1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;

    (2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;

    (3) Deny any person any such aid, benefit, or service;

    (4) Subject any person to separate or different rules of behavior, sanctions, or other treatment;

    (5) Discriminate against any person in the application of any rules of appearance;

    (6) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition;

    (7) Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students or employees;

    (8) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity." 45 C.F.R. § 86.31

    The full text of HHS's Title IX regulation can be found here.

    What are some examples of sex discrimination?

    Under Title IX, sex discrimination can take many forms, such as:

    Denying admission of a person into an educational or training program on the basis of sex;

    Disqualifying a person for a research position on the basis of sex when it is irrelevant to ability to perform the job;

    Providing unequal educational resources to students of one sex compared to another;

    Engaging in gender –based or sexual harassment such as making unwelcome sexual comments, advances, and/or name-calling on the basis of sex.

    Federal courts and agencies have found that Title IX prohibits sex-based harassment, including sexual harassment, when such harassment is sufficiently serious as to limit the ability to participate in and benefit from a program or activity. Click here for more information on sex-based harassment.

    Some examples of sexual harassment by entities receiving HHS funds include but are not limited to:

    Unwelcome and inappropriate advances to students and employees of a research lab funded by HHS made by professors, employees, researchers, teachers, and/or students;

    Sexual assault of a student or employee by a doctor or other medical staff in a student sports medicine program or other clinical setting that receives HHS funding.

    Who is covered by Title IX?

    Title IX prohibits sex discrimination in the education programs and activities of entities that receive federal financial assistance. These programs and activities include "all of the operations of ... a college, university, or other postsecondary institution, or a public system of higher education." 20 U.S.C. § 1687(2)(A); see also 45 C.F.R. § 86.2(h). Therefore, Title IX's nondiscrimination protections apply to student recruitment, admissions, educational programs (including individual courses), research, housing, counseling, financial and employment assistance, health and insurance benefits and health services. The federal agency that provides the federal financial assistance has jurisdiction over Title IX complaints.

    The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services has jurisdiction over Title IX claims of discrimination against entities that receive federal financial assistance through HHS. Such entities include:

    Colleges and universities, including all of the programs they operate, regardless of which program receives federal financial assistance from HHS. For example, a university would be covered by Title IX if:

    The university's medical center receives Medicare reimbursements from the Center for Medicare & Medicaid Services;

    The university's biology department receives grants from the National Institutes of Health;

    The university's medical, dental, or nursing programs receive funds from the Health Resources and Services Administration.

    Education programs and activities of entities that are not colleges or universities but receive federal financial assistance from HHS for their educational program or activity. For example:

    Head Start educational programs for young children funded by the Administration for Children & Families

    Hospital professional training clinical programs that receive HHS funding;

    Fatherhood programs providing job training, financial education and other educational programs that receive grants through the Administration for Children & Families.

    Source : www.hhs.gov

    Title IX

    Title IX

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    For intervention of the U.S. Attorney General in civil rights cases, see Title IX of the Civil Rights Act of 1964. For arbitration, see Title 9 of the United States Code.

    Title IX

    Long title An Act to amend the Higher Education Act of 1965, the Vocational Education Act of 1963, the General Education Provisions Act (creating a National Foundation for Postsecondary Education and a National Institute of Education), the Elementary and Secondary Education Act of 1965, Public Law 874, Eighty-first Congress, and related Acts, and for other purposes.

    Nicknames Education Amendments of 1972

    Enacted by the 92nd United States Congress

    Effective June 23, 1972

    Citations Public law 92-318

    Statutes at Large 86 Stat. 235

    Codification Acts amended

    Higher Education Act of 1965

    Vocational Education Act of 1963

    General Education Provisions Act

    Elementary and Secondary Education Act of 1965

    Titles amended 20 U.S.C.: Education

    U.S.C. sections created 20 U.S.C. ch. 38 § 1681 et seq.

    Legislative history

    Introduced in the Senate as S. 659 by Birch Bayh (D–IN) on February 28, 1972Committee consideration by House Subcommittee on Higher EducationPassed the Senate on March 1, 1972 (88–6)Passed the House on May 11, 1972 (275–125)Reported by the joint conference committee on May 24, 1972; agreed to by the Senate on May 24, 1972 (63–15) and by the House on June 8, 1972 (218–180)Signed into law by President Richard Nixon on June 23, 1972

    United States Supreme Court cases

    , 441 U.S. 677 (1979)

    , 456 U.S. 512 (1982)

    , 458 U.S. 718 (1982)

    , 464 U.S. 67 (1983)

    , 465 U.S. 555 (1984)

    , 503 U.S. 60 (1992)

    , 524 U.S. 274 (1998)

    , 525 U.S. 459 (1999)

    , 526 U.S. 629 (1999)

    , 544 U.S. 167 (2005)

    , 555 U.S. 246 (2009)

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    Title IX is the most commonly used name for the federal civil rights law in the United States of America that was passed as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688.

    Senator Birch Bayh wrote the 37 words of Title IX.[1][2] Bayh first introduced an amendment to the Higher Education Act to ban discrimination on the basis of sex on August 6, 1971 and again on February 28, 1972, when it passed the Senate. Representative Edith Green, chair of the Subcommittee on Education, had held hearings on discrimination against women, and introduced legislation in the House on May 11, 1972. The full Congress passed Title IX on June 8, 1972.[3] With attempts to weaken Title IX, Representative Patsy Mink emerged as the leader in the House to protect the law, and it was later renamed the Patsy T. Mink Equal Opportunity in Education Act following Mink's death in 2002.[4] When Title IX was passed in 1972, only 42 percent of the students enrolled in American colleges were female.[]

    The purpose of the Title IX of the Educational Amendments of 1972 was to update Title VII of the Civil Rights Act of 1964, which banned several forms of discrimination in employment, but did not address or mention discrimination in education. Contrary to popular belief, the creation of Title IX had nothing to do with sports.

    Contents

    1 Text

    2 Historical background

    2.1 Foundations and hearings

    2.2 Steps from a draft to legislative act to public law

    2.3 Implementation

    2.4 Further legislation

    3 Impact on American schools

    3.1 Institutional requirements

    3.2 Challenges

    3.3 Coaching and administration

    3.4 Increasing participation

    3.5 Impact on men's programs

    3.6 Sexual harassment and sexual violence

    3.7 Transgender students

    4 OCR's test for Title IX compliance

    5 Legacy and recognition

    6 Criticism 7 References

    Text[edit]

    The following is the original text as written and signed into law by President Richard Nixon in 1972:[5]

    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.

    — Cornell Law School's Legal Information Institute (20 U.S. Code § 1681 – (men and women) Sex)

    Historical background[edit]

    Foundations and hearings[edit]

    Rep. Edith Green of Oregon laid the foundation for Title IX.

    Title IX was enacted as a follow-up to the passage of the Civil Rights Act of 1964. The 1964 Act was passed to end discrimination in various fields based on race, color, religion, sex, or national origin in the areas of employment and public accommodation.[6][7] The 1964 Act did not prohibit sex discrimination against people employed at educational institutions. A parallel law, Title VI, had also been enacted in 1964 to prohibit discrimination in federally funded private and public entities. It covered race, color, and national origin but excluded sex. Feminists during the early 1970s lobbied Congress to add sex as a protected class category. Title IX was enacted to fill this gap and prohibit discrimination in all federally funded education programs. Congressman John Tower then proposed an amendment to Title IX that would have exempted athletics departments from Title IX.[]

    Source : en.wikipedia.org

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