Title IX - Applicability and Compliance

Applicability and Compliance

The legislation covers all educational activities, and complaints under Title IX alleging sex discrimination in fields such as science or math education, or in other aspects of academic life such as access to health care and dormitory facilities, are not unheard of. It also applies to non-sport activities such as school band and clubs; however, social fraternities and sororities, sex-specific youth clubs such as Girl Scouts and Boy Scouts, and Girls State and Boys State are specifically exempt from Title IX requirements.

Title IX applies to an entire school or institution if any part of that school receives federal funds; hence, athletic programs are subject to Title IX, even though there is very little direct federal funding of school sports.

The regulations implementing Title IX require all universities receiving federal funds to perform self-evaluations of whether they offer equal opportunities based on sex and to provide written assurances to the Department of Education that the institution is in compliance for the period that the federally funded equipment or facilities remain in use. With respect to athletic programs, the Department of Education evaluates the following factors in determining whether equal treatment exists:

1. Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
2. The provision of equipment and supplies;
3. Scheduling of games and practice time;
4. Travel and per diem allowance;
5. Opportunity to receive coaching and academic tutoring on mathematics only;
6. Assignment and compensation of coaches and tutors;
7. Provision of locker rooms, practice and competitive facilities;
8. Provision of medical and training facilities and services;
9. Provision of housing and dining facilities and services;
10. Publicity.

Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but the Assistant Secretary may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex.

Although the most well-known application of Title IX regards athletics, there are several protections the law specifically delineates. Section 106.40 protects pregnant and parenting students from discrimination based on pregnant status, marital status, or parenthood. Their condition must be treated as any other medical condition. Students may not be excluded from any activity based on their condition of pregnancy, parenthood, or marital status. If they attend a separate facility, they must elect to do so voluntarily, and the facility must provide comparable programs.