What is Title IX, and what actions may constitute a violation of it?

By Stanton D. Levenson

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Federal Criminal Defense

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Last Modified on Aug 16, 2024

Title IX is a landmark federal civil rights law that transformed the education sector. Enacted as part of the Education Amendments of 1972, its purpose is to eliminate sex-based discrimination. It mandates that any educational program or activity receiving federal funding must promote equal participation for male and female students.

Thanks to this legislation, there are fewer occurrences of gender inequality in sports and access to educational opportunities than there used to be. Yet, understanding what Title IX entails and what actions may constitute a violation remains crucial for educational institutions, as the ins and outs of this law are not always straightforward and allegations of wrongdoing are levied from time to time.

Understanding Title IX

Title IX, found under 20 U.S.C. § 1681, stipulates that when it comes to educational opportunities, no one, based on their gender, should be:

• Excluded from participation
• Denied any benefits
• Subject to discrimination

As long as the education program or activity in question is receiving federal financial assistance, both genders should have equal access to:

• Admissions and recruitment
• Academic programs
• Employment
• Financial aid
• Athletics
• Housing

At its core, this law aims to help ensure everyone has access to educational opportunities.

About the author: Stanton D. Levenson

Criminal Defense Lawyer at Stanton D. Levenson, P.A. Law Offices

Stanton D. Levenson is a criminal defense lawyer with Stanton D. Levenson, P.A. Law Offices in Pittsburgh, Pennsylvania. For more than five decades, he has represented clients in white collar crime, health care law, and criminal law matters. A graduate of the University of Pittsburgh School of Law (J.D. 1966), he is admitted to practice before Pennsylvania state courts, multiple U.S. Courts of Appeals, and the U.S. Supreme Court. His work has been recognized in Best Lawyers in America and Super Lawyers.

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Manifestations of Title IX violations

Individuals in the education sector should know the various ways in which Title IX violations can manifest. When it comes to athletic opportunities, this legislation requires educational institutions to both male and female students have access to equitable:

• Resources
• Facilities
• Coaching
• Funding

Therefore, an educational institution would be in violation of Title IX if it provides one gender with substantially fewer or inferior opportunities compared to the other.

Title IX also prohibits learning institutions from discriminating against female students based on:

• Pregnancy
• Childbirth
• Conditions related to pregnancy and childbirth

Schools are expected to allow pregnant students to participate in curricular and extracurricular activities. Furthermore, pregnant students ought to be offered reasonable adjustments or accommodations to help ensure they don’t drop out of school. A learning institution violates Title IX if it denies a pregnant student educational opportunities or forces them to withdraw from the institution.

Learning institutions or individuals who are facing Title IX violation allegations have the right to proper legal defense. A trusted legal group can clarify the specifics of the case and help the accused explore all legal avenues to safeguard their rights and liberties.