Title IX violations are extremely serious, and they can be damaging to any organization or institution that commits them. One of the best ways to protect your organization is to understand and prevent the possible Title IX violations that might occur.
So what exactly “counts” as a violation under this law?
An Introduction to Title IX
Title IX is a federal civil rights law passed in 1972 that prohibits discrimination on the basis of sex in education programs and activities that receive federal funding. While it is often associated with sports and athletics, Title IX protections extend much further, covering issues such as sexual harassment, unequal treatment in academics, and gender-based discrimination in employment within schools and universities.
Unfortunately, Title IX violations remain common, and students, athletes, and even employees may all encounter situations where their rights under the law are compromised. And some violations are technical in nature. According to the lead Title X attorney at SBBL Law, one of the most common types of Title IX violations they are seeing are institutions failing to respond to complaints within an appropriate timeframe. “With the recent uptick in legal battles, university staff are often reluctant to move quickly, fearing they’ll say something or make a mistake that will have severe consequences. But what ends up happening is that they delay long enough that it becomes a Title IX violation simply because they didn’t respond to the complaint in a timely manner.”
Understanding the most frequent types of violations helps individuals recognize when protections should apply and empowers them to take action.
Sexual Harassment and Sexual Assault
Among the most serious and well-known Title IX violations are cases involving sexual harassment or sexual assault. Schools have a legal duty to provide environments free from sex-based harassment, whether verbal, physical, or digital.
Harassment may include persistent unwelcome comments, inappropriate touching, or conduct that creates a hostile educational environment. Sexual assault cases, when mishandled by institutions, are also considered violations. Under Title IX, schools must investigate complaints promptly, take steps to protect victims, and ensure equal access to education throughout the process.
When institutions fail to respond adequately, such as by ignoring reports, discouraging victims from coming forward, or protecting perpetrators, they violate their Title IX obligations.
Unequal Treatment in Athletics
Title IX also requires gender equity in school athletic programs. This doesn’t mean that schools must offer identical sports for men and women, but opportunities, resources, and support must be equal overall. Common violations in athletics include:
- Offering more teams or scholarships to one gender.
- Providing unequal facilities, equipment, or coaching.
- Promoting men’s sports more heavily than women’s sports.
Courts and regulators evaluate athletic equity by looking at the totality of opportunities and resources, not just surface-level comparisons. Schools that fail to provide balanced opportunities may be held accountable under Title IX.
Discrimination in Academic Opportunities
Title IX extends to classrooms, academic programs, and extracurricular activities. Examples of violations include steering students into programs based on gender stereotypes, denying women access to certain classes, or treating students differently in grading or discipline because of their sex.
Sometimes discrimination is subtle, such as discouraging female students from pursuing STEM subjects or giving male students preferential treatment in advanced coursework. These practices not only harm individuals but also reinforce barriers to educational equity.
Retaliation Against Complainants
Title IX explicitly protects individuals who report discrimination or harassment from retaliation, and unfortunately, retaliation remains one of the most common violations. Retaliation may include lowering grades, excluding students from activities, reducing work hours for employees, or subjecting complainants to social or administrative punishment after they report concerns. Because retaliation can discourage reporting, it undermines the very purpose of Title IX. Schools are legally required to prevent and address retaliation, but many fail to enforce these protections effectively.
Failure to Provide Accommodations for Pregnant or Parenting Students
Another area covered by Title IX involves protections for pregnant and parenting students. Schools must provide equal access to classes and extracurricular activities, as well as reasonable accommodations such as excused absences for medical appointments or modifications to physical education activities.
Employment Discrimination Within Schools
Title IX also applies to employees of federally funded institutions. Teachers, coaches, and staff members are protected from discrimination in hiring, promotion, compensation, and workplace treatment based on sex. Violations in this area may include paying female coaches less than their male counterparts, assigning resources unequally, or denying promotions due to gender. Just as students are protected from discrimination in the classroom, employees are entitled to fair treatment in the workplace.
The Importance of Enforcement and Awareness
While Title IX provides broad protections, violations persist largely because individuals don’t always recognize them or don’t know their rights. Schools may also fail to take their responsibilities seriously, hoping issues will resolve quietly rather than implementing proper procedures. For students and employees, awareness is key, and recognizing what constitutes a violation is the first step toward reporting and addressing the issue. Schools are required to have Title IX coordinators, policies, and procedures in place to handle complaints, and victims have the right to escalate concerns to the U.S. Department of Education’s Office for Civil Rights if schools fail to act appropriately.
Toward Better Title IX Protection
Title IX is a powerful law designed to protect students and employees from sex-based discrimination in education, yet violations remain common. The most frequent issues involve sexual harassment and assault, inequities in athletics, discrimination in academics, retaliation, lack of support for pregnant or parenting students, and unfair treatment of employees.
By recognizing these violations and holding institutions accountable, individuals and communities help strengthen the promise of equality under Title IX.
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