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Title IX lawyer
  • 3
  • Oct

Harassment as a Title IX Violation: What Students and Schools Need to Know

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Well, you must have surely heard about Title IX, right? It’s the federal law that helps eliminate discrimination on gender grounds in all forms of education. It is critically important and relevant in today’s times. What happens, though, when schools fail to comply with these rules?

In this blog, a Title IX lawyer will share some examples of Title IX violations so that you can identify them. By the end of it, you’ll know how Title IX actually works and its facilities for protecting the students.

Kinds Of Title IX Violations

There are lots of kinds of Title IX violations. Some of these include sexual harassment to unfair treatment in sports. Let’s talk about the most common examples below as shared by our friends at K Altman Law:

1. Sexual Harassment Or Assault

One of the most recognized violations is sexual harassment or assault. The school is expected to prevent and address such. Failure to do this becomes a Title IX violation.

Examples Of Sexual Harassment Or Assault

Unwanted sexual advances: When a student makes lewd comments or touches another student without her or his consent then that is considered harassment.

Hostile environment: When the school’s culture allows sexual jokes, comments, or behavior, this can create a hostile environment for the students.

Failure to act: This occurs when a student makes a report of sexual harassment or assault and the school has failed to investigate or act regarding that situation.

2. Gender Discrimination In Sports

Title IX is highly popular for its involvement with sports. Schools need to have equal sports opportunities for males and females.

Examples Of Gender Discrimination In Sports

Equal funding: For instance, if the boys’ basketball team is provided with new dresses and rich facilities while there is no such facility even for the ladies; this is obvious discrimination.

Equal treatment of male and female in coaching resources: If boys have the best coaching resources while females do not have the same or more experienced coaches, then that is a violation of Title IX.

Facilities: If boys have better fields or gyms than girls, that is a violation of Title IX.

All students, male or female, should have equal access and facilities to athletic activities.

3. Retaliation For Complaints

Title IX safeguards students from discrimination and also gives an assurance that the student can report violations without fear of retribution. Schools are prohibited from retaliating against a complainant or reporter of any Title IX issue.

Examples Of Retaliation

Punishing students: if a student reports harassment and then faces unfair punishment from teachers or the school, that’s retaliation.

Staff retaliation: If a teacher reports a violation under Title IX and is demoted or fired, that’s against the law.

Not addressing bullying: If the school fails to take action when a student who reported a violation is being bullied, then that is also considered a form of retaliation.

4. Academic Discrimination

Title IX is beyond sporting and harassment. It also covers access opportunities to academics. Both genders should have equal access to any program and resources that are found in school.

Examples Of Academic Discrimination

Unequal Scholarship: If the number of scholarships available to male students are more than the female student, then it is a violation of Title IX.

Program Access: Female students are discriminated against by having less opportunity in enrolling for their favorite courses as compared to men. It is discrimination if female students cannot enroll for STEM courses.

Favoring one gender: If a college admissions office admits more students of one gender just because of gender, it’s breaking the law.

Equal chance to educational resources : All students deserve equal opportunity to get access to educational resources regardless of the gender

5. Pregnancy And Parenting Students

Another significant area under Title IX is the protection of pregnant and parenting students. Schools cannot discriminate against students because they are pregnant or have children.

Pregnancy Discrimination Examples

Forcing students to take leave: If a school tells a pregnant student that she must take time off or can’t participate in certain activities, that’s a violation.

No accommodations: Schools must provide reasonable accommodations for pregnant or parenting students, like excused absences for medical appointments.

Exclusion from activities: If a pregnant student is banned from sports or events, that’s not allowed under Title IX.

Pregnancy should not be a reason why a student is barred from school from completing her education or in school activity.

Title IX is an important law that ensures no student suffers from gender-based discrimination in educational institutes. The law relates to sexual harassment from unequal provision of sports programs to name a few. Knowing them can help you in ensuring that schools provide safety, fairness, and equality for everyone. So, do not hesitate to report a violation if you witness one as you deserve a safe and supportive place to learn, so does everyone.

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I never expected to be called to work in criminal defense.  For many years I found work as a prosecutor fulfilling.  But over time that changed.  Rather than making a difference, I was a cog in the machine.  Cases stopped feeling like people and became names on paper.   And I realized that often the true difference makers in the system are the defense attorneys.

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