Busting Myths About Title IX
| | Title IX
It’s been over 50 years since Title IX of the Education Amendments of 1972 started changing life in schools—particularly colleges and universities—throughout the U.S. Throughout that time, the regulatory scheme has expanded tremendously. However, the understanding of Title IX obligations has not kept pace.
The result is that there are a lot of misperceptions about Title IX. Some people expect the law to accomplish miracles it was never intended to address. But the more dangerous myths are those that lead people to ignore Title IX. Students, faculty, and staff who do not understand Title IX often miss the opportunities to seek justice when a school has discriminated against them. And those accused of violations are often blindsided by the damage a Title IX proceeding can do to their lives.
As a law firm dedicated to protecting Title IX rights, the team at Nesenoff & Miltenberg often encounters these misconceptions, so it’s time to set the record straight.
Myth #1 – Title IX is Only About Athletics in Schools
Title IX is a short statute with a long reach. It states: “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.” Although the language says nothing about the types of programs or activities covered by the law when the statute first took effect, the programs that first received popular attention were those involving sports programs.
On the whole, colleges and universities allocated only a minuscule portion of their athletic budgets to women’s sports back when Title IX was implemented. According to some accounts, women received only 2% of available funding, with the other 98% going to men’s sports. The Title IX regulatory scheme required schools to take steps to help bring those figures much closer to 50/50.
This caused outrage among those who feared that men’s athletic programs would be cut in an effort to increase parity. Over time, statistics have shown increased participation for both male and female athletes, although the debate about how to achieve equality in sports programs continues to this day.
But Title IX is about so much more. It requires the provision of equal opportunities in academics, employment, extracurricular activities, and more. It prohibits harassment on the basis of sex, including quid pro quo harassment and creating a hostile environment that interferes with educational or employment opportunities. It also prohibits sexual assault and other forms of sexual misconduct. And though cases involving athletics still capture the headlines, cases involving allegations of sexual misconduct may be the most prevalent filed on college campuses these days.
Myth #2 – Title IX Protects Women Only
While Title IX was enacted primarily to equal the playing field for women in schools, particularly colleges, the provisions are written in gender-neutral language. If an educational institution discriminates against anyone on the basis of sex, they are violating Title IX. For instance, making assumptions that a male employee does not need time off from work or a male student does not need schedule accommodations after a new child joins the family would be an example of discrimination on the basis of sex if these accommodations are provided to mothers but not fathers.
Moreover, while studies show that females still tend to experience more sexual harassment than males, the percentage of males subjected to unwelcome sexual advances and harassment has been increasing, so it is important for boys and men to understand that options are available under Title IX to address these problems.
Any discrimination, including harassment, that is determined to be “on the basis of sex” is illegal under Title IX regulations for any educational institution receiving federal funds, giving those harmed by the violations options for seeking relief. There is currently quite a bit of controversy and uncertainty about the Title IX protections provided based on gender identity and sexual orientation. Under the 2024 guidance from the U.S. Department of Education, the anti-discrimination provisions of Title IX extend to gender identity and sexual orientation, with some narrow exceptions in the areas of athletics. However, courts in many states held that the rules were overly broad and, therefore, could not be enforced.
Myth #3 –Title IX Sexual Assault Cases Are Handled Like Criminal Cases
Allegations of rape and other forms of sexual misconduct are extremely serious. Because many Title IX offenses can also be prosecuted as crimes, some people believe the process of investigating accusations and determining “guilt or innocence” (i.e., being found “responsible” or “not responsible” for a violation) is handled the same way under campus Title IX proceedings that it would be in a criminal court.
However, this is far from the truth. Instead:
- Sexual misconduct violations are defined by school policies rather than state criminal statutes
- The school investigation proceeds more quickly than a criminal investigation
- The school employees tasked with the investigation may have little experience with investigation
- The standard of proof for the school proceeding is a low “preponderance of the evidence” versus the required “beyond a reasonable doubt” for criminal matters.
Depending on the circumstances, the person responding to the allegations may not have due process protections in a formal school hearing. If the complainant and respondent do not consult with attorneys experienced in Title IX proceedings, they may find that the whole process is over before they’ve had a chance to fully present their side of the story.
Although schools do not have the ability to incarcerate someone found responsible for a Title IX violation, the disciplinary sanctions imposed and the consequences of being labeled as responsible for sexual misconduct often haunt respondents far into the future.
Get the Truth and the Help You Need from an Experienced Title IX Attorney at Nesenoff & Miltenberg
If you’ve been subjected to sex-based discrimination or harassment on campus, or you have been accused of violating someone’s Title IX rights, an experienced legal advisor can guide you toward a positive outcome during the process of investigation and adjudication on campus and in court, if necessary. Title IX issues impact your self-esteem and future opportunities, so it is vital to ensure that your rights are respected and that your side of the story gets fair consideration.
At Nesenoff & Miltenberg, we understand the complexities of Title IX proceedings and the practical steps to take to protect complainants and respondents all throughout the U.S. We invite you to schedule a confidential consultation with our team to discuss any concerns you may have about Title IX issues.