Title IX is a law passed in 1972 to eliminate sex discrimination in facilities funded by the U.S. government. It states that “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[.]”
In general, this legislation outlaws sexual harassment, pregnancy discrimination, unequal athletic opportunities, and sex discrimination in nearly all schools. So, if a student or employee believes that a Title IX violation has taken place, they are directed to report it to their school’s Title IX Coordinator who will direct them on their options.
In the last few years, regulations under Title IX have been rapidly changing. For example, in 2020 regulations were made that defined how schools have to address reports of any sort of sexual harassment. Since then, altered regulations have been issued, but then denied by the courts.
During Former President Joe Biden’s term, his administration started changes to Title IX to have it include protection for members of the LGBTQ community, including people who don’t identify with any gender. But once President Trump was elected into office he made an executive order to reverse this movement, making it so that people must identify as either male or female, which has made the regulations under Title IX unclear. But technically, people of all genders are still protected under Title IX.
“Anyone can come forward and make a report and should make a report if they’re concerned about potential discrimination,” says Monique DiCarlo (she/her), Title IX expert.
However, the level of protection that they receive would be based on the specificities of their experience.
“Given the changing environment, the Title IX coordinator would likely consult with their school attorney about the application of their policy and procedure for that specific circumstance the student is reporting,” said DiCarlo.
In general, if the discrimination that they experience is based on their gender identification, like being barred from participating in a sport because of their identity as nonbinary or transgender, they can’t receive protection based on Title IX. However, regardless of gender, if someone is sexually assaulted by a student or employee on school property, they are protected under Title IX.
With the ever-changing political climate, it can be difficult to determine what laws mean and what changes are really being made. But while parts of Title IX are being changed, as a whole, it is unlikely to go away any time soon.
