Title IX, first enacted in 1972 as part of the Education Amendments Act, is a U.S. federal civil rights law that protects students against sex-based discrimination in all settings, be it academic or co-curricular. Several modifications have been made to this law under changing government administrations, but the core values of Title IX remain the same: Equality and protection against discrimination.
Let’s take a closer look at how Title IX protects the rights of high school students:
Equal Sports Opportunities
One of the most well-known ways Title IX supports high school students is ensuring gender equality in sports and related activities. To assess whether a school complies with Title IX regulations, the federal government conducts a 3-prong test. Here’s a brief breakdown:
Prong 1: Proportionality
This prong of the test looks at the number of girls and boys enrolled in a school’s athletic programs and whether or not that is proportional to their overall representation in the student body.
For example, if a school has 50% male students and 50% female students, and the athletic programs are 20% female students and 80% male students, there is a proportionality problem. The school can be held accountable.
Prong 2: Expansion
If a school has a history of fewer female athletic programs and representation, it needs to demonstrate what they are doing to bridge this gap. Lack of expansion can form the basis of Title IX violations.
Prong 3: Accommodating Interests
Under the third prong, a school must demonstrate that if it is not creating equal sports opportunities for girls, it is still meeting the needs and demands of female students. A school might conduct surveys to see if the female student body is satisfied with its athletic programs. If so, it would not count as a Title IX violation.
Equal Sports Benefits
In addition to sports opportunities, high schools are also obligated to provide equal sports benefits. The first one is the fair distribution of athletic scholarships. The funds allocated to athletic scholarships must be divided in proportion to the number of male and female students at the institution.
Other sports benefits include:
- Protective athletic equipment and supplies
- Access to sports facilities
- Locker room space
- Facilities for training and competitions
- Opportunities for training
- Games and practice times
- Travel allowances
Protection Against Sexual Misconduct
Title IX also protects students from sexual misconduct and sexual harassment, both of which come under gender discrimination. Let’s break down the types of sexual misconduct that might occur on campuses:
Sexual Harassment
Unwelcome sexual conduct and remarks that are persuasive, uncomfortable, and objectively offensive count as sexual harassment. A student or a faculty member might also try to create a hostile environment.
Sexual Assault
Non-consensual sexual contact, including penetration and coercion, comes under sexual assault. More severe forms of sexual assault that cause extreme bodily harm are considered sexual violence.
Dating Violence
Dating violence is committed by a person who is or has been in a dating or intimate relationship with a victim. Under Title IX, schools are permitted by law to take action against the perpetrator.
Stalking
Unwanted pursuit or behavior that puts another person in danger or fear is called stalking.
Experiencing any form of sexual misconduct at an academic institution is emotionally challenging. Moreover, there is a considerable danger of retaliation. To seek justice, Title IX and victims of campus sexual misconduct can reach out to an experienced attorney and determine the best course of action.
Protection Against All Forms of Bullying
Title IX also protects students against all forms of bullying, which includes:
- Physical Bullying – hitting, kicking, shoving, beating up, stealing, or damaging property
- Verbal Bullying – name-calling, mocking, hurtful teasing, insults, slurs, humiliating someone, or making racist comments.
- Social Bullying – excluding others from the group, spreading rumours, or setting others up to look foolish
- Cyberbullying – use of email, cell phones, text messages, and internet sites to threaten, harass, embarrass, or damage reputations
- Racial Bullying – mistreating people because of their racial or ethnic background, saying bad things about someone’s cultural background, or telling racist jokes.
- Religious Bullying – mistreating people because of their religious background or beliefs, or making negative comments about a religion.
- Disability Bullying – maltreating students or calling them names because of a disability, or making someone feel uncomfortable.
Equal Rights for LGBTQ+ Students
LGBTQ+ now confers protected class status under state and federal laws. Therefore, schools complying with Title IX must also protect the rights of LGBTQ+ students. They must have proper measures in place to address bullying and harassment against students based on their gender orientation.
The inclusion of the LGBTQ+ community in Title IX was made during the Biden administration and has faced several controversies ever since. The ongoing debate highlights the importance of tolerance and equal opportunity for all students.
Equal Rights for Pregnant or Parenting Students
High school students who are pregnant or parenting have the right to attend school and take part in athletic and academic activities. Title IX also protects such students by prohibiting schools from applying any rule concerning parental, family, or marital status that treats persons differently.
Key support areas include:
- Right to attend school
- Right to absences for pregnancy, childbirth, miscarriage, and abortion
- No penalties for leave
- Parenting support so students can continue their education
- Inclusion and expansion of dropout prevention programs
If schools don’t comply with Title IX regulations, they can face severe consequences. This can include loss of federal funding, lawsuits, internal investigations, damage to reputation, and potential criminal investigations.
Final Thoughts
Every student has the right to a fair and equal education, free from fear of gender, religious, or social discrimination. If you believe your rights have been violated, file a complaint and reach out to a Title IX attorney.
Facing sexual or gender-based discrimination can be mentally and emotionally challenging. Seek support from your friends and family, and work with an attorney. This can help ensure peace of mind and allow you to resume your educational activities.
