What Is Title IX and Why Is It Important? 2024

Nellie L. King

If you have been the victim of discrimination or harassment based on your gender or other factors, you may be eligible to file a Title IX claim through the legal assistance of a Florida Title IX lawyer. Any institution that violates the law is subject to legal action by a Title IX attorney in West Palm Beach, FL.

In the two decades following the passage of Title IX of the Civil Rights Act, the percentage of young women who graduated from a four-year college rose from 18% to 27%. The protections afforded under Title IX continue to benefit federally funded education programs by creating more balanced opportunities for female and male students.

The law is generally associated with gender equality in the field of athletics, but Title IX has a much broader role in affording important protections to students at federally funded educational institutions.

What Is Title IX?

President Richard Nixon signed Title IX into law in 1972. The law protects youths, men, and women who participate in federally funded education programs from discrimination based on sex. This applies to primary and secondary schools, universities, and technical education programs.

The scope of Title IX is expansive, with more than rose from 18% to 27% falling under the purview of the law, along with around 5,000 institutions that include charter schools, libraries, and museums.

Any place of learning or institution that receives partial or full funding from the federal government must conduct student programs in a nondiscriminatory manner, free from gender-based bias or discrimination based on gender identity or sexual orientation. Discrimination can occur through athletic recruitment, curriculum, treatment of LGBTQ students, and employment.

What Are a School’s Responsibilities Under Title IX?

Under Title IX, colleges and institutions that accept federal money have a wide range of requirements that they must fulfill to ensure the fair and equitable treatment of students. For example, if school leaders are aware of sexual harassment or hostile environments, they must take immediate action to address those situations and prevent their recurrence.

College leaders do not have to receive a complaint to initiate an investigation. In cases where a criminal investigation occurs, school leaders are still expected and required to address accusations promptly.

Federally funded places of learning are also required to:

  • Publish and distribute anti-discrimination policies.
  • Detail steps that will be taken during Title IX investigations.
  • Create and maintain a Title IX coordinator position.
  • Notify students and staff of the Title IX coordinator’s contact information.
  • Identify and address systemic problems that surface from reviews of complaints.

Schools are expected to create and implement steps for students to file complaints about sexual discrimination. If you are having difficulty determining whether you are a victim of a Title IX violation, reach out to our Florida Title IX lawyer today to set up a consultation.

How Common Are Title IX Claims?

Title IX violations are handled through the U.S. Department of Education’s Office for Civil Rights, and that office received a record 18,804 complaints in 2022. That figure is nearly 12% higher than the number of complaints received by the federal office six years prior.

Of the nearly 10,000 complaints filed, 48% were related to sex discrimination. Disability discrimination ranked second, while complaints based on race accounted for 17% of the filings in 2022.

FAQs

Q: Can I Sue for Title IX Violations?

A: Yes, especially if the school involved did not take immediate action to remedy the situation in Florida. Students may be compensated for damages related to retaliation claims (for situations where a student is punished for reporting Title IX violations) or deliberate indifference claims (for cases where a school or institution fails to adequately respond to incidents of sexual harassment or assault), among other types of claims.

Victims of Title IX violations can be compensated for:

  • Emotional distress
  • Out-of-pocket expenses tied to the violation
  • Reputational harm

With legal representation from the right Florida Title IX lawyer, you may be entitled to monetary compensation. In cases where a student lost a position or status on a sports team due to discrimination, those enrollments can be restored following successful legal action with a qualified attorney.

Q: What Is the New Title IX Amendment?

A: The Biden administration is expected to finalize proposals to update Title IX by March 2024. More than 240,000 public comments are one factor for the delay. To mark the 50th anniversary of the law in 2022, the U.S. Education Department proposed strengthening protections for sexual assault survivors. One highly debated issue under consideration is whether to propose protections for transgender athletes. A growing number of states have passed laws requiring athletes to participate in sports that correlate with their gender at birth.

Q: What Is an Example of a Title IX Violation?

A: An experienced Florida Title IX lawyer can help you understand if you are the victim of a Title IX violation. Schools and federally funded institutions that fail to respond to reports of sexual assault and harassment can be found in violation of this law.

Schools must provide equal opportunities in athletics. A college that does not offer both genders equal opportunities to participate in college athletics would be in violation of Title IX. Beyond access, colleges and universities are required to provide equal funding and access to facilities.

Another common violation of Title IX includes discrimination against pregnant students. A college that accepts federal funds, for example, cannot refuse a student’s ability to return to college after giving birth. Educational institutions are also required to provide adequate resources for parenting students.

Q: What Are the Rights of the Accused in Title IX?

A: Accused parties have the right to seek legal counsel, meet with investigators, and attend hearings related to the accusations. Accused parties also have the right to an impartial and prompt investigation and the right to be treated with respect and dignity throughout the investigation. As permitted by law, the accused have rights to privacy and confidentiality.

Consult a Florida Title IX Lawyer Today

If you have experienced sexual discrimination at any place of learning or institution that accepts federal funds, you may be eligible to file a Title IX claim with the help of your Florida Title IX lawyer. Our team is here to protect your rights and ensure that you receive the compensation you deserve. We can take the time and effort needed to see your case through. Contact the Law Offices of Nellie L. King today.

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