Title IX Legal Manual

Table of Contents

Introduction

I. Overview of Title IX: Interplay of Title IX with Title VI, Section 504, Title VII, and the Fourteenth Amendment

II. Synopsis of Legislative History and Purpose of Title IX

III. Scope of Coverage

1. Federal Financial Assistance
2. Recipient
3. Covered Education Program or Activity

IV. Discriminatory Conduct

1. General
   1. Disparate Treatment
   2. Disparate Impact
   3. Retaliation
2. Employment Discrimination
   1. Scope of Coverage
   2. Relationship to Title VII
   3. Prohibited Employment Practices
   4. Special Considerations
   5. Regulatory Referral to EEOC
3. Specific Provisions
1. Specific Prohibitions
2. Housing
3. Comparable Facilities
4. Access to Course Offerings
5. Counseling and Use of Appraisal and Counseling Materials
6. Financial Assistance
7. Employment Assistance
8. Health and Insurance Benefits and Services
9. Marital or Parental Status
10. Athletics
11. Textbooks and Curricular Material
4. Sexual Harassment
1. Overview
2. General Legal Standards and Relationship to Title VII

V. Procedural requirements for complying with Title IX

1. Assurances
2. Self-Evaluation
3. Dissemination of Policy
4. Designation of Title IX Coordinator
5. Adoption of Grievance Procedures

VI. Federal Funding Agency Methods to Evaluate Compliance

1. Pre-Award Procedures
   1. Assurances of Compliance
   2. Deferral of Decision Whether to Grant Assistance
   3. Pre-Award Authority of Recipients vis-a-vis Subrecipients
   4. Data Collection
   5. Recommendations Concerning Pre-Award Reviews
2. Post-Award Compliance Reviews
   1. Selection of Targets and Scope of Compliance Review
   2. Procedures for Compliance Reviews
3. Complaints

VII. Federal Funding Agency Methods to Enforce Compliance

1. Efforts to Achieve Voluntary Compliance
   1. Voluntary Compliance at the Pre-Award Stage
      1. Special Conditions
      2. Use of Cautionary Language
      3. Other Nonlitigation Alternatives
2. "Any Other Means Authorized by Law:" Judicial Enforcement
3. Fund Suspension and Termination
   1. Fund Termination Hearings
   2. Agency Fund Termination Limited to the Particular Political Entity, or Part Thereof , that discriminated

VIII. Private Right of Action and Individual Relief through Agency Action

1. Entitlement to Damages for Intentional Violations
2. Availability of Monetary Damages in Other Circumstances
3. Recommendations for Agency Action
4. Lack of States' Eleventh Amendment Immunity Under Title IX

IX. Department of Justice Role under Title IX

Footnotes

Source: U.S. Department of Justice

Last reviewed October 2023