---
title: Title IX Education Compliance
description: An overview of the legal requirements and standards for compliance with Title IX of the Education Amendments of 1972.
keywords: [Title IX, Education, Discrimination, Civil Rights, Compliance, Remedies]
category: law
---

## Introduction to Title IX

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance.[^1] Enacted in the wake of the women's rights movement, Title IX was designed to ensure equal access to educational opportunities for individuals of all genders.[^2] The statute has been interpreted and applied by the courts to cover a wide range of issues, from sexual harassment and assault to equity in athletics programs.[^3] Compliance with Title IX is mandatory for any institution receiving federal funding, with potential consequences ranging from the loss of federal grants to private lawsuits for violations.[^4]

## Scope and Applicability of Title IX

Title IX's non-discrimination mandate applies to all aspects of a covered educational program or activity, including admissions, recruitment, counseling, financial assistance, athletics, sex-based harassment, treatment of pregnant and parenting students, and employment.[^5] The law's protections extend to students, employees, and third parties participating in a federally funded education program.[^6] Covered institutions include public and private elementary and secondary schools, colleges and universities, and other entities such as vocational schools, libraries, and museums that receive federal financial assistance.[^7] Notably, Title IX obligations continue to apply even if an institution chooses to forgo federal funding in a particular program or activity.[^8]

## Title IX Compliance Standards and Elements of a Claim

To establish a violation of Title IX, a plaintiff must demonstrate that (1) they were excluded from participation in, denied the benefits of, or subjected to discrimination in an education program or activity, (2) the program or activity receives federal financial assistance, and (3) the discrimination was on the basis of sex.[^9] The standard of proof is a preponderance of the evidence, meaning the plaintiff must show it is more likely than not that the defendant's actions violated Title IX.[^10] Importantly, Title IX prohibits both intentional discrimination and disparate impact discrimination, where a facially neutral policy or practice has an unjustified adverse effect on individuals of a particular sex.[^11]

## Remedies and Enforcement of Title IX

Institutions found to be in violation of Title IX face a range of potential remedies and enforcement actions. The U.S. Department of Education's Office for Civil Rights (OCR) is responsible for investigating and resolving Title IX complaints, and may require the offending institution to take corrective measures or risk the termination of federal funding.[^12] Private individuals may also file civil lawsuits against schools for Title IX violations, seeking compensatory damages, injunctive relief, and attorneys' fees.[^13] In the landmark Supreme Court decision in *Franklin v. Gwinnett County Public Schools*, the Court held that monetary damages are an available remedy for intentional violations of Title IX.[^14] Subsequent case law has further expanded the scope of available remedies, including requiring schools to implement comprehensive remedial plans and provide equitable relief to affected students.[^15]

## Title IX and Sexual Harassment/Assault

One of the most high-profile applications of Title IX has been in addressing sexual harassment and assault in educational settings. The Department of Education has issued detailed guidance outlining schools' obligations to respond promptly and effectively to reports of sexual misconduct, including conducting thorough investigations, providing supportive measures for affected students, and imposing appropriate disciplinary sanctions.[^16] Institutions that fail to meet these requirements can face both administrative enforcement actions and private lawsuits from student-victims.[^17] The Supreme Court has also recognized an implied private right of action under Title IX for student-on-student sexual harassment, with liability attaching when a school is deliberately indifferent to known acts of harassment that are so severe, pervasive, and objectively offensive that they effectively bar the victim's access to an educational opportunity or benefit.[^18]

## Title IX and Gender Equity in Athletics

Title IX has had a transformative impact on women's participation in school sports programs. The law requires covered institutions to provide equal athletic opportunities for male and female students, including in the areas of participation rates, scholarship funding, facilities, coaching, and other program components.[^19] The Department of Education has established a three-part test to assess compliance, allowing schools to demonstrate equity through (1) providing athletic participation opportunities proportionate to their respective enrollments, (2) demonstrating a history and continuing practice of program expansion for the underrepresented sex, or (3) fully and effectively accommodating the athletic interests and abilities of the underrepresented sex.[^20] Failure to meet at least one of these prongs can result in a finding of non-compliance and the loss of federal funding.[^21]

[^1]: 20 U.S.C. § 1681(a).
[^2]: See *Cannon v. Univ. of Chi.*, 441 U.S. 677, 704 (1979).
[^3]: See, e.g., *Davis v. Monroe Cty. Bd. of Educ.*, 526 U.S. 629 (1999); *Jackson v. Birmingham Bd. of Educ.*, 544 U.S. 167 (2005).
[^4]: 34 C.F.R. § 106.71.
[^5]: 34 C.F.R. § 106.31.
[^6]: *Doe v. Baylor Univ.*, 240 F. Supp. 3d 646, 652 (W.D. Tex. 2017).
[^7]: 34 C.F.R. § 106.2(i).
[^8]: *Grove City Coll. v. Bell*, 465 U.S. 555, 570-74 (1984).
[^9]: *Cannon*, 441 U.S. at 689-90.
[^10]: *Gebser v. Lago Vista Indep. Sch. Dist.*, 524 U.S. 274, 282 (1998).
[^11]: *Guardians Ass'n v. Civil Serv. Comm'n of N.Y.C.*, 463 U.S. 582, 582-83 (1983).
[^12]: 34 C.F.R. § 106.71.
[^13]: 20 U.S.C. § 1682; *Franklin v. Gwinnett Cty. Pub. Schs.*, 503 U.S. 60, 76 (1992).
[^14]: *Franklin*, 503 U.S. at 76.
[^15]: See, e.g., *Doe v. Univ. of Scis.*, 961 F.3d 203, 211-12 (3d Cir. 2020).
[^16]: *See, e.g.*, U.S. Dep't of Educ., Office for Civil Rights, "Dear Colleague Letter" (Apr. 4, 2011).
[^17]: *See, e.g.*, *Gebser*, 524 U.S. at 290.
[^18]: *Davis*, 526 U.S. at 650.
[^19]: 34 C.F.R. § 106.41.
[^20]: *Cohen v. Brown Univ.*, 991 F.2d 888, 897-98 (1st Cir. 1993).
[^21]: *Id.* at 901.