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What is Considered a Violation of Title IX?


Understanding Title IX Violations

When Title IX was passed in Congress in 1972, the federal mandates against gender discrimination in education were designed to equalize opportunities for female students, athletes, educators, and administrators. With the expansion of the Title IX regulations over the past 40 decades, educational institutions are now required to implement prevention programs and investigate accusations of sexual harassment and assault. There are three broad categories of actions that violate Title IX laws:

1. Gender Discrimination in Education

Educational institutions and school-sponsored programs must provide both genders with equal access, or comparable alternate opportunities, to athletics, activities, classrooms, programs and job positions. Discrimination in sports has topped the news headlines. Still, other common Title IX violations include not providing the same courses to both genders or denying the use of public facilities to LGBTQ students.

Individuals, including administrators, professors, and students, are also bound by Title IX rules to not engage in gender-based bullying. This can include unfair treatment in admissions, grading, housing, hiring, salary, or promotions based on sex.

2. Sexual Harassment and Assault

Violations of Title IX also occur when a hostile educational environment develops from derogatory sexist remarks or behaviors. Sexual harassment that strips away a person’s right to an education is a serious violation of Title IX laws, and it encompasses a wide range of behaviors.

Whether the incidents occur on campus, at another location, or through social media, enrolled students and staff can still be held accountable for the following behaviors:

  • Persistent, offensive, sexist statements
  • Rude, bullying comments based on gender
  • Sexually suggestive jokes, innuendos or demoralizing gestures
  • Unwanted verbal requests or inappropriate physical touches
  • Intimidation or suggestion of quid pro quo benefits for sexual favors
  • Stalking, including in-person or sending obscene text messages

Students and staff can also have a Title IX claim filed against them for sexually violent actions, including:

  • Aggressive sexual advances
  • Abuse or battery that involves a sexual act against a person’s will
  • Coercion, manipulation or force of unwanted sexual contact
  • Dating violence, attempted rape, and sexual assault

3. Retaliation for Title IX Accusation

The Title IX laws are clear that institutions and individuals are not allowed to retaliate against accusers who have filed a complaint or lawsuit. Revenge responses that produce negative consequences can include:

  • Harassment, intimidation or bullying that creates a hostile environment
  • Offensive, discriminatory or sexual remarks
  • Disciplinary measures, including warnings in files, demotions, reduction in proper support or exclusion from participation in programs
  • Prevention of deserved promotions
  • Firing or loss of benefits

The Law Offices of Jed Silverman has been defending those who have been accused of a Title IX violations in Texas for the past 20 years. Contact our legal defense team today at (713) 597-2221 so that we can gather evidence to develop a strong strategy that protects your due process rights and personal reputation.