Title+IX

Shannon Johnson


 * __ Title IX __**



**Title I** **X** **Purposes** Title IX was i mplemented in effort to eliminate harassment and discrimination against workers, students, and people in general based on sex. Congress enacted Title IX with two principal objectives in mind: to avoid the use of federal resources to support discriminatory practices in education programs, and to provide individual citizens effective protection against those prac tices. (//Synopsis of Purpose of Title IX, Legislative History, and Regulations,// The United States Department of Justice)
 * History of Title IX**

As the women’s civil rights movement gained momentum in the late 1960's and early 1970's, sex bias and discrimination in schools emerged as a major public policy concern. Women, who were entering the workforce in record numbers, faced a persistent earnings gap compared to their male counterparts. As a consequence of the equality in the workforce debate, Americans also began to focus attention generally on inequities that inhibited the progress of women and girls in education. In June of 1972, President Nixon signed Title IX of the Education Amendments of 1972 into law. Title IX is a comprehensive federal law that has removed many barriers that once prevented people, on the basis of sex, from participating in educational opportunities and careers of their choice. This requires gender equity for boys and girls in every educational program that receives federal funding. Sen ator Birch Bayh of Indiana explained that its purpose was to combat "the continuation of corrosive and unjustified discrimination against women in the American educational system." The law specifically states under Section 1681. Sex: “(a) Prohibition against discrimination; exceptions. 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.” In addition to educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. Though many people are not aware of Title IX and its significance, most people who do know about Title IX think it applies only to sports, but athletics is only one of 10 key areas that the law affects. These areas are: Access to Higher Education, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Math and Science, Sexual Haras sment, Standardized Testing and Technology. Since Title IX was passed 35 years ago, it has been the subject of over 20 proposed amendments, reviews, Supreme Court cases and other political actions. That's why it is sometimes called a living, breathing law. Some find it puzzling that there have been so many attempts to change Title IX since the intent of the law (gender equity) has not been met. Thousands of schools across the country are not in compliance with the law, after thirty-five years of its existence. The field of education is just one of many areas where differential treatment [between men and women] that has been documented, but because education provides access to jobs and financial security, discrimination here is doubly destructive for women and should be made equal. Senator Bayh protested that "sex discrimination (that) reaches into all facets of education – admissions, scholarship programs, faculty hiring and promotion, professional staffing, and pay scales." (//Synopsis of Purpose of Title IX, Legislative History, and Regulations,// The United States Department of Justice) **Title IX and Sexual Harassment** It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Sexual harassment, defined as unwanted and unwelcome behavior of a sexual nature. It affects students in educational institutions ranging from elementary to postgraduate schools. Before Title IX came about, things such as making sexual innuendos, calling people sexually charged names, spreading rumors about sexual activity, or touching someone inappropriately would be tolerated and described as "boys will be boys" type of behaviors. These behaviors would be labeled as rude or crude at worst, but no real consequences or punishments were set in place. Since Title IX, sexual harassment is now a punishable offense in education, the work place, and also in public places. **Title IX, Education, and Sexual Harassment** The law states the following: “(1) Classes of educational institutions subject to prohibition in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;” (//Education Amendments of 1972//. U.S. Department of Labor) In educational settings sexual harassment includes any unwanted and unwelcome sexual behavior that significantly interferes with a student's access to educational opportunities. The Supreme Court has confirmed that schools have an obligation under Title IX to prevent and address harassment against students, whether perpetrated by peers or by employees of the school system.

**Why Title IX is still important in relation to sexual harassment in educational settings** Sexual harassment in schools is still totally commonplace, for girls and boys. Statistics show that: · 8 in 10 students experience some form of harassment during their school years, and more than 25% of them experience it often. · Girls are more likely than boys to experience sexual harassment, but boys today are more likely to be harassed than boys were in 1993. · 60% of students experience physical sexual harassment at some point in their school years. Typical harassment complaints still include: making sexual comments, jokes, gestures, or looks; claiming that a person is gay or lesbian (although note that harassment based on sexual orientation is not directly covered by Title IX); spreading sexual rumors about a person; touching, grabbing or pinching someone in a sexual way; intentionally brushing up against someone in a sexual way; and flashing or "mooning" someone. These behaviors are present today, if a student feels violated or that acts of sexual harassment are not being addressed, Title IX can aid in receiving justice for being subjected to these things in any educational setting. (www.Titleix.info)

**References** Titleix.info. 2011. The MARGARET Fund of NWLC. [] Title IX, //Education Amendments of 1972//. U.S. Department of Labor. 2011. [] //Title IX and Sexual Harassment//. Susan J. Smith. Digest. October 1998.

[]

The United States Department of Justice. //Synopsis of Purpose of Title IX, Legislative History, and Regulations.// 2011. []

U.S. Equal Employment Oppurtunity Commission. //Sexual harassment.// 2011. []