Do Graduate Students Have the Same Title IX Rights as Undergraduate Students?
| | Title IX
Graduate students often feel they receive second-class treatment from school administrators. Their facilities are smaller. They are frequently not included in discussions about student policies or consulted about preferences for student services. Many graduate students are also employees of the educational institution, yet they are treated differently from other employees.
Title IX protects the rights of students, faculty, and staff, but the protections are not uniform across all situations. High school students, for instance, do not have the same due process guarantees as college students. Protections that apply to college employees have traditionally differed in some respects from those applicable to college students. So where do graduate students fit in the picture?
The answer is not always clear. In fact, there is often ambiguity regarding Title IX rights in many areas, particularly in recent years, due to frequent changes in administrative rules and legal interpretations of requirements. The ambiguity can provide an experienced Title IX attorney with opportunities to assert the rights of graduate students and to reinforce well-documented protections. Whether you are pursuing a Title IX complaint or defending against accusations of a violation, guidance and support from a knowledgeable legal advocate can make all the difference in the outcome.
Rights as Students vs. Rights as Employees
When considering the rights of graduate students, it is important to specify which rights are at issue. Title IX of the Education Amendments of 1972 specifies 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.
A large part of the focus is on ensuring equal access to the benefits of educational programs and preventing practices that interfere with educational opportunities. There is a strong emphasis on students’ rights, including their ability to learn and to experience the full range of student life.
The rights of students as employees are different. While Title IX does prohibit sex-based discrimination in employment on campuses, courts have held that Title IX does not provide employees with the ability to file an individual lawsuit for employment discrimination. Generally, employees’ rights at academic institutions are better addressed by Title VII of the Civil Rights Act.
However, courts have sometimes viewed student-employees as primarily students rather than employees and have not always afforded them the same protections under Title VII. This is why it is necessary to work with an attorney who can delve into the judicial interpretations that affect the particular case and determine the most effective laws to apply to enforce rights under the specific circumstances.
Title IX Rights and Definitions
The Title IX regulatory scheme requires schools to take action to prohibit discrimination in various forms. Schools are supposed to provide appropriate procedures for accepting complaints, investigating complaints, assessing responsibility, and imposing consequences when students believe they have been subjected to discrimination in forms such as:
- Sexual violence, including sexual assault and intimate partner violence
- Harassment on the basis of sex, including quid pro quo harassment and hostile environment
- Sex-based discrimination in educational programs
- Failure to provide equal opportunities in athletic programs
- Retaliation for efforts to enforce rights
In addition, schools are required to provide certain supportive measures for those filing complaints of a violation (complainants) and those responding to an accusation in a complaint (respondents).
Federal regulations (34 C.F.R. §106.2) define a student as “a person who has gained admission” to a “recipient” educational program, so this includes not only graduate students currently attending an institution but also those who have applied and been accepted but who have not yet started participating. Recipient educational organizations required to comply with Title IX include most colleges and universities in the U.S., as they receive federal funding through financial aid. Private undergraduate colleges are permitted to discriminate in admissions, but that exemption does not apply to institutions of graduate higher education.
The regulations define a complainant to include students and employees who are alleged to have been subjected to sex discrimination, as well as other individuals who are alleged to have been subjected to discrimination while trying to participate in an education program. Thus, Title IX rights apply not only to graduate students but also to many other individuals. In theory, then, the student rights of graduate students under Title IX should be the same as those of undergraduate students. But graduate students often face practical difficulties in enforcing their rights.
Logistical Challenges for Graduate Students
Graduate programs often operate very differently from undergraduate programs, which can create challenges for complainants and respondents alike. Graduate programs are generally much smaller, with students working closely in contact with other students and faculty. This can make students reluctant to file complaints for fear of the impact on their academic opportunities and outcomes.
Once a complaint is filed, it can significantly affect the academic and social environment. It may be difficult to make accommodations. For instance, limited class sizes make it difficult to reassign a student so that a complainant and a respondent are kept separate. Moreover, supports designed for undergraduate students do not always provide the assistance that graduate students need during and after a Title IX investigation.
Legal Representation and Guidance for Graduate Students
After investing substantial time, effort, and resources over years of education, a Title IX incident can put everything at risk. A graduate student found responsible for a Title IX violation may be prevented from completing programs and obtaining career opportunities.
On the other hand, a graduate student who files a complaint after a Title IX violation can suffer significant emotional harm if the complaint is not appropriately investigated and adjudicated. Complainants as well as respondents risk permanent damage to their reputations if the case is not handled properly.
At Nesenoff & Miltenberg, we protect the rights of graduate and undergraduate students nationwide. We know how important it is to protect your rights throughout the process and to pursue justice in court when campus adjudicators get it wrong. We invite you to schedule a confidential consultation to discuss the guidance and advocacy our experienced team could provide in your situation.