Title IX Legal Manual ::

Introduction

This Manual provides an overview of the legal principles of Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq. It is intended to be an abstract of general principles and issues for use by various federal agencies charged with enforcing Title IX and is not intended to provide a complete, comprehensive directory of all cases or issues related to Title IX. In addition, this document is not intended to be a guide for Title IX enforcement with respect to traditional educational institutions such as colleges, universities, and elementary and secondary schools, which have been subject to the Department of Education's Title IX regulations and guidance for 25 years. Rather, this Manual is intended to provide guidance to federal agencies concerning the wide variety of other education programs and activities operated by recipients of federal financial assistance. Such programs, many of which first became subject to Title IX regulations when the Title IX final common rule became effective on September 29, 2000, may include police academies, job training programs, vocational training for prison inmates, and other education programs operated by recipients of federal assistance.

For more specific information on Title IX as it relates to educational institutions, readers should consult the various documents written and published by the Department of Education, Office for Civil Rights that can be found on the Department of Education website. Documents which may be consulted include: Proposed Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, 65 Fed. Reg. 66092 (2000) (the final Sexual Harassment Guidance is anticipated for a January 2001 publication); Policy Interpretation-Title IX and Intercollegiate Athletics, 45 C.F.R. Part 26 (1979); Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test, dated January 16, 1996; Guidance on the Awarding of Athletic Financial Assistance (OCR letter to Bowling Green, July 23, 1998), as well as various other pamphlets, memoranda, and documents. This Manual is in no way intended to supersede any guidance issued by the Department of Education, and, to the extent that this Manual is construed to conflict with guidance issued by the Department of Education regarding traditional educational institutions, the Department of Education's Guidance should be followed.

Moreover, since this Manual is not designed to address Title IX enforcement with respect to traditional educational institutions, a number of subjects that pertain primarily to schools, such as athletics, are not addressed in depth. However, the vast majority of Title IX cases do involve educational institutions and so, of course, the Manual cites extensively to those cases in identifying applicable legal principles. Although this Manual generally cites to cases interpreting Title IX, cases interpreting Titles VI and VII of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973 are also included. While statutory interpretation of these laws overlap, they are not fully consistent, and this document should not be considered to be an overview of any statute other than Title IX. Although this Manual is intended primarily for federal agency investigators" use, it includes discussion of many cases involving individual Title IX lawsuits. It is important for federal agencies to remember that the standard for a Federal agency to determine whether a recipient has violated Title IX differs from the higher liability standard of proof that must be met in a court action before compensatory damages are awarded. Recipients have an affirmative duty to correct Title IX violations even if no monetary damages would be awarded because of the violation.

It is intended that this manual will be updated periodically to reflect significant changes in the law. Comments on this publication, and suggestions as to future updates, including published and unpublished cases, may be addressed to:

Coordination and Review Section
Civil Rights Division
U.S. Department of Justice
Attention: Title IX Legal Manual Coordinator
P.O. Box 66560
Washington, D.C. 20035-6560

Telephone and TDD (202) 307-2222
FAX (202) 307-0595
E-mail  COR.CRT@USDOJ.GOV

This Manual is intended only to provide guidance on general principles related to Title IX enforcement outside the context of traditional educational institutions. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States.