Essentially, Title IX prohibits sex discrimination in educational institutions that receive federal funding the vast majority of schools. Department of Education have given it a broad scope covering sexual harassment and sexual violence.
Under Title IX, schools are legally required to respond and remedy hostile educational environments and failure to do so is a violation that means a school could risk losing its federal funding. Make no mistake: the Rule drastically rolls back protections for student survivors and makes it easier for schools to sweep sexual harassment under the rug.
Visit our Hands off IX resources and toolkit to learn more about your rights in light of the rule and how you hold school administrations accountable. The below resources are intended to help you determine if your school is in compliance with Title IX.
Although these resources have been written with the guidance of legal experts, we are not lawyers, and the information on this website does not constitute legal advice.
We encourage you to contact a lawyer to discuss your complaint or suit. Under Title IX, schools must disseminate a notice of nondiscrimination. This notice does not have to specify that sexual harassment and violence are likewise prohibited, but the U.
Department of Education ED recommends that schools do, since a notice that makes it unclear may qualify as a violation of Title IX. This notice is likely available in a student handbook or code of conduct in elementary and secondary schools and in an Annual Security Report ASR in higher education institutions. This notice prohibiting sex discrimination must be widely distributed, available, and easily accessible to the school community each year.
ED recommends schools:. Both victims and third parties should contact the Coordinator to report incidents of sex discrimination, sexual harassment, or sexual violence. The Title IX Coordinator ensures schools are compliant with Title IX, coordinates the investigation and disciplinary process, and looks for patterns or systematic problems with compliance to ensure schools fulfill all their federal obligations.
Title IX states:. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance from the Department. These recipients include approximately 17, local school districts, over 5, postsecondary institutions, and charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories of the United States.
A recipient institution that receives Department funds must operate its education program or activity in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity. Also, no recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in a proceeding under Title IX.
For a recipient to retaliate in any way is considered a violation of Title IX. OCR vigorously enforces Title IX to ensure that institutions that receive federal financial assistance from the Department comply with the law.
OCR evaluates, investigates, and resolves complaints alleging sex discrimination. Lastly, discrimination based on intersex traits may also involve sex stereotypes, as intersex people by definition have traits that do not conform to stereotypes about male or female bodies.
Whitaker , F. 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. 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, , 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.
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. 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. 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:. Box Washington, D. 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. Title IX is a comprehensive federal law that has removed many barriers that once prevented people, on the basis of sex, from participating in educational opportunities and careers of their choice.
It states that:. No person in the United States shall, on the basis of sex, be excluded from participation, in be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Title IX applies to all aspects of education programs or activities operated by recipients of federal financial assistance.
For example, Title IX would cover such diverse activities as a forestry workshop run by a state park receiving funds from the Department of Interior; a boater education program sponsored by a county parks and recreation department receiving funding from the Coast Guard; a local course concerning how to start a small business, sponsored by the state department of labor that receives funding from the Small Business Administration; state and local courses funded by the Federal Emergency Management Agency in planning how to deal with disasters; and vocational training for inmates in prisons receiving assistance from the Department of Justice hereinafter referred to as "DOJ" or "Justice Department" or "the Department".
Generally, it covers all aspects of the education program, including admissions, treatment of participants, and employment. Title IX guarantees equal educational opportunity in federally funded programs. The two statutes both condition an offer of federal funding on a promise by the recipient not to discriminate, in what is essentially a contract between the government and the recipient of funds. Because of this close connection between the statutes, Title VI legal precedent provides some important guidance for the application of Title IX.
University of Chicago, U. Section of the Rehabilitation Act of , which prohibits discrimination on the basis of disability in federally funded programs, was also modeled after Title VI and, hence, may also provide guidance for an analysis of Title IX.
See Alexander v. Choate, U. These statutes were enacted to prevent unlawful discrimination and to provide remedies for the effects of past discrimination. Additional Title IX exemptions include the membership policies of certain university-based social fraternities and sororities, the Girl and Boy Scouts, the YMCA and YWCA, the Camp Fire Girls and certain other voluntary single-sex and tax-exempt youth service organizations whose members are chiefly under age Also exempt are any programs or activities of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; and any program or activity of a secondary school or educational institution specifically for the promotion of any Boys State conference, Boys Nation conference or the selection of students to attend any such conference.
Finally, any scholarship or other financial assistance awarded by an institution of higher education to an individual because such individual has received such award in a single-sex pageant is exempt provided the pageant complies with other nondiscrimination provisions of federal law. Title IX exempts from coverage any educational operation of an entity that is controlled by a religious organization only to the extent Title IX would be inconsistent with the religious tenets of the organization.
Title IX also exempts institutions that train individuals for the military or the merchant marine. In addition to the statutory exemptions discussed above, the Title IX common rule contains a few other exceptions permitting single-sex programs under certain limited circumstances. Either of these provisions could permit single-sex programs under appropriate circumstances.
In addition, section b permits exclusion, on the basis of sex, of any person from admission to a nonvocational school operated by a local education agency, so long as " Under the Equal Protection Clause of the Fourteenth Amendment, a governmental classification based on sex can be lawful only if the classification serves "important governmental objectives and that the discriminatory means employed" are "substantially related to the achievement of those objectives.
Hogan, U. Druggists Mutual Ins. For example, even though Title IX may not prohibit a traditionally single-sex public entity providing training for nurses from excluding male applicants, the public entity must still demonstrate an "exceedingly persuasive justification" for the restrictive admission policy in order to survive an equal protection challenge.
Feenstra, U. See also United States v. Virginia, U. The Title IX regulations contain a variety of procedural requirements, the most important of which is the requirement to establish grievance procedures. The regulations require that every recipient to which Title IX applies "adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that be prohibited by these Title IX regulations.
These grievance procedures are an essential element in ensuring that Title IX and its implementing regulations are complied with in the least contentious manner possible. Unlike Title VI which covers employment only in limited circumstances, Title IX clearly covers employment discrimination. It is generally accepted outside the sexual harassment context that the substantive standards and policies developed under Title VII apply with equal force to employment actions brought under Title IX.
Section 5 of that chapter discusses the joint rule issued by the Department of Justice and the Equal Employment Opportunity Commission, which sets forth procedures that federal agencies are to utilize when processing Title IX employment cases.
Congress enacted Title IX with two principal objectives in mind: to avoid the use of federal resources to support discriminatory practices in education programs, and to provide individual citizens effective protection against those practices. See Cannon v. Legislative History. Women, who were entering the workforce in record numbers, faced a persistent earnings gap compared to their male counterparts.
As a consequence of the equality in the workforce debate, Americans also began to focus attention generally on inequities that inhibited the progress of women and girls in education. Several advocacy groups filed class action lawsuits against colleges and universities and the federal government. These advocacy organizations complained of an industry-wide pattern of sex bias against women who worked in colleges and universities.
As a consequence, Congress focused on the issue of sex bias in education during the summer of at a set of hearings on discrimination against women before a special House Subcommittee on Education chaired by Representative Edith Green Oregon.
Representative Green introduced a higher education bill with provisions regarding sex equity wherein she unsuccessfully attempted to add a prohibition on sex discrimination to the Education Amendments of A year later, Title IX began its congressional life in earnest when an amendment was introduced in the Senate by Senator Birch Bayh of Indiana, who explained that its purpose was to combat "the continuation of corrosive and unjustified discrimination against women in the American educational system.
During debate, Senator Bayh stressed the fact that economic inequities suffered by women can often be traced to educational inequities. In support of the amendment, Senator Bayh pointed to the link between discrimination in education and subsequent employment opportunities:.
The field of education is just one of many areas where differential treatment [between men and women] has been documented but because education provides access to jobs and financial security, discrimination here is doubly destructive for women. Therefore, a strong and comprehensive measure is needed to provide women with solid legal protection from the persistent, pernicious discrimination which is serving to perpetuate second-class citizenship for American women.
Congressional activity on the issue increased with the introduction of various proposals in the House and Senate to end sex discrimination in education. Although there was growing consensus that sex discrimination in education should end, there was little agreement as to the best methods for reaching that goal. Some critics claimed that the legislation was intended to try to maintain a certain quota or ratio of male to female students.
Senator Bayh reiterated many times during the debate that "the amendment is not designed to require specific quotas. The thrust of the amendment is to do away with every quota. The Senator went on to state that, "The language of my amendment does not require reverse discrimination.
It only requires that each individual be judged on merit, without regard to sex. In the end, the House attached a floor amendment to the bill specifying that the legislation would not require quotas. Despite this lengthy process, Title IX was passed without much debate as to several of its key exemption provisions. For example, early on it was unclear whether Congress intended to regulate intercollegiate athletics. For this reason, the statute was amended in to direct the Department of Health Education and Welfare to publish proposed implementing regulations, with a provision stating that such regulations shall include with respect to intercollegiate athletic activities, reasonable provisions considering the nature of the particular sports.
Bell, U. The CRRA clarifies the definition of "program or activity" or "program. Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or services, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.
Consistent with the Danforth Amendment, the Title IX common rule does not require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. However, medical procedures, benefits, services, and the use of facilities, necessary to save the life of a pregnant woman or to address complications related to an abortion are not subject to this section.
Moreover, the Title IX common rule prohibits a recipient from discriminating against, excluding, or denying benefits to a person because that person has obtained, sought, or will seek an abortion. This prohibition applies to any service or benefit for an applicant for enrollment or employment , student, or employee.
In addition, the CRRA expanded the exemption for entities controlled by religious organizations. Under the CRRA, the exemption is no longer limited to educational institutions that are controlled by religious organizations with tenets contrary to Title IX. Instead, any educational operation of an entity may be exempt from Title IX due to control by a religious organization with tenets that are not consistent with the provisions of Title IX.
Further, the exemption would apply to a particular education program operated by a recipient if this separate program is subject to religious tenets that are not consistent with Title IX. An educational institution or other entity that wishes to claim the exemption set forth in paragraph a of this section shall do so by submitting in writing to the designated agency official a statement by the highest-ranking official of the institution, identifying the provisions of these Title IX regulations that conflict with a specific tenet of the religious organization.
The preamble to the Notice of Proposed Rulemaking of the Title IX common rule explains that if a recipient has already obtained an exemption from the Department of Education, such exemption may be submitted to another funding agency as a basis for an exemption from the second funding agency.
Title IX requires that agencies promulgate regulations to provide guidance to recipients of federal financial assistance who administer education programs or activities on Title IX enforcement.
See 34 C. Part and 45 C. Part 86, respectively. Two other federal agencies, the Department of Agriculture and the Department of Energy, also published Title IX rules around that same time.
See 64 Fed. In the Title IX common rule, the substantive nondiscrimination obligations of recipients, for the most part, are identical to those established by the Department of Education under Title IX. However, the rule reflects statutory changes to Title IX, such as those resulting from passage of the CRRA, and modifications to ensure consistency with Supreme Court precedent.
After receiving and reviewing comments, and making a few additional changes to the regulations in response to these comments, the Department of Justice and 20 other participating agencies published the final Title IX common rule on August 30, Federal Financial Assistance. Title IX prohibits, with certain exceptions, any entity that receives "federal financial assistance" from discriminating against individuals on the basis of sex in education programs or activities.
However, federal financial assistance may also be in nonmonetary form. Paralyzed Veterans, U. As discussed below, federal financial assistance may include the use or rent of federal land or property at below market value, federal training, a loan of federal personnel, subsidies, and other arrangements with the intention of providing assistance.
Federal financial assistance does not encompass contracts of guarantee or insurance by the federal government.
It is also important to remember that not only must an entity receive federal financial assistance to be subject to Title IX, but the entity also must receive federal assistance at the time of the alleged discriminatory act s except for assistance provided in the form of real or personal property. In this situation, the recipient is subject to Title XI for as long as it uses the property.
See Huber v. Howard County, Md. Department of Bus. Of Alcohol, Beverages and Tobacco of Fla. Examples of Federal Financial Assistance.
Agency regulations use similar, if not identical, language to define federal financial assistance:. See Paralyzed Veterans, U. For example:. As set forth in the Title IX common rule, federal financial assistance may be in the form of a grant of land or use rental of federal property for the recipient at no or reduced cost. Since the recipient pays nothing or a lower amount for ownership of land or rental of property, the recipient is being assisted financially by the federal agency. Typically, assurances state that this type of assistance is considered to be ongoing for as long as the land or property is being used for the original or a similar purpose for which such assistance was intended.
Moreover, regulations also generally bind the successors and transferees of this property, as long as the original purpose, or a similar objective, is pursued. Thus, if the recipient uses the land or rents property for the same purpose at the time of the alleged discriminatory act, the recipient is receiving federal financial assistance, irrespective of when the land was granted or donated. Under the Intergovernmental Personnel Act of , federal agencies may allow a temporary assignment of personnel to State, local, and Indian tribal governments, institutions of higher education, federally funded research and development centers, and certain other organizations for work of mutual concern and benefit.
See 5 U. This detail of federal personnel to a State or other entity is considered federal financial assistance, even if the entity reimburses the federal agency for some of the detailed employee's federal salary.
However, if the State or other entity fully reimburses the federal agency for the employee's salary, it is unlikely that the entity receives federal financial assistance. Another common form of federal financial assistance provided by many agencies is training by federal personnel.
Direct and Indirect Receipt of Federal Assistance. Federal financial assistance may be received directly or indirectly. Grove City College v. Johnson, F. In Bob Jones Univ. Bob Jones Univ. Even if the financial aid to the veterans did not reach the university, the court considered this financial assistance to the school since this released the school's funds for other purposes.
Thus, an entity may be deemed to have "received Federal financial assistance" even if the entity did not show a "financial gain, in the sense of a net increment in its assets. Aid such as this, and noncapital grants, are equally federal financial assistance. To simply assert that an entity receives something of value in nonmonetary form from the federal government's presence or operations, however, does not mean that such benefit is federal financial assistance.
For example, licenses impart a benefit since they entitle the licensee to engage in a particular activity, and they can be quite valuable. Licenses, however, are not federal financial assistance. Community Television of S. Gottfried, U. FCC, F. United Bhd. Similarly, statutory programs or regulations that directly or indirectly support, or establish guidelines for, an entity's operations are not federal financial assistance.
Herman, 60 F. Savings of America, F. Ohio Mortgage lender subject to federal banking laws does not receive federal financial assistance. Hargrove, F. Furthermore, programs "owned and operated" by the federal government, such as the air traffic control system, do not constitute federal financial assistance.
Delta Airlines, F. It also should be noted that while contracts of guaranty and insurance may constitute federal financial assistance, Title IX specifically states that it does not apply to contracts of insurance or guaranty. See 20 U. Croghan Colonial Bank, 89 F. But see Moore v. Sun Bank, F. Procurement contracts also are not considered federal financial assistance. DeVargas v. Hotsy Corp.
Iowa procurement contract by company with GSA to provide supplies is not federal financial assistance ; Hamilton v. Illinois Cent. A distinction must be made between procurement contracts at fair market value and subsidies; the former is not federal financial assistance although the latter is.
Jacobson, F. Martin Marietta Corp. As described in Jacobson and followed in DeVargas, there need not be a detailed analysis of whether a contract is at fair market value, but instead a focus on whether the government intended to provide a subsidy to the contractor.
DeVargas, F. In DeVargas, a Department of Energy contract, issued through a competitive bidding process after a determination that a private entity could provide the service in a less costly manner, evidenced no intention to provide a subsidy to the contractor. Finally, Title IX does not apply to direct, unconditional assistance to ultimate beneficiaries, the intended class of private citizens receiving federal aid. Soberal-Perez v. Heckler, F. A "recipient" is an entity that receives federal financial assistance and that operates "an education program or activity," and is thus subject to Title IX.
The Title IX common rule provides as follows:. The term recipient means any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is extended directly or through another recipient and that operates an education program or activity that receives such assistance, including any subunit, successor, assignee, or transferee thereof.
Several aspects of the plain language of the regulations should be noted. First, a recipient may be a public e. Second, Title IX does not apply to the federal government.
Therefore, a federal agency cannot be considered a "recipient" within the meaning of Title IX. Third, there may be more than one recipient in a program of federal financial assistance; that is, a primary recipient e. Fifth, as discussed in detail below, there is a distinction between a recipient and a beneficiary. Finally, although not addressed in the regulations, a recipient may receive federal assistance either directly from the federal government or indirectly through a third party, who is not necessarily another recipient.
For example, schools are indirect recipients when they accept payments from students who directly receive federal financial aid. Direct Relationship. The clearest means of identifying a "recipient" of federal financial assistance covered by Title IX is to determine whether the entity has voluntarily entered into a direct relationship with the federal government and receives federal assistance under a condition or assurance of compliance with Title IX.
It is important to note that, by signing an assurance, the recipient is committing itself to complying with nondiscrimination mandates. In this scenario, the recipient has a direct relationship with the funding agency and, therefore, is subject to the requirements of Title IX. While showing that the entity directly receives a federal grant, loan, or contract other than a contract of insurance or guaranty is the easiest means of identifying a Title IX recipient, this direct cash flow does not describe the full reach of Title IX.
Indirect Recipient. A recipient may receive funds either directly or indirectly. Grove City College, U. Although the money is paid directly to the students, the universities and other educational institutions are the indirect recipients.
In Grove City College, the Supreme Court found that there was no basis to create a distinction not made by Congress regarding funding paid directly to or received indirectly by a recipient. In reaching its conclusion, the Court considered the congressional intent and legislative history of the statute in question to identify the intended recipient.
The Court found that the Education Amendments, of which Title IX is a part, are "replete with statements evincing Congress' awareness that the student assistance programs established by the Amendments would significantly aid colleges and universities. Finally, the Court distinguished student aid programs that are "designed to assist" educational institutions and that allow such institutions the option of participation in such programs, from other general welfare programs where individuals are free to spend the payments without limitation.
In contrast, as subsequently explained by the Supreme Court in Paralyzed Veterans, it is essential to distinguish aid that flows indirectly to a recipient from aid to a recipient that reaches a beneficiary. While Grove City stands for the proposition that Title IX coverage extends to Congress' intended recipient, whether receiving the aid directly or indirectly, it does not stand for the proposition that federal coverage follows the aid past the recipient to those who merely benefit from the aid.
Smith, U. Transferees and Assignees. Agency regulations and assurances often include specific statements on the application of Title IX to successors, transferees, assignees, and contractors.
In the case of Federal financial assistance extended to provide real property or structures thereon, such assurance shall obligate the recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used to provide an education program or activity Furthermore, Title IX regulations provide that land originally acquired through a program receiving federal financial assistance must include a covenant binding on subsequent purchasers or transferees that requires nondiscrimination for as long as the land is used for the original or a similar purpose for which the federal assistance is extended.
Many programs have two recipients. The primary recipient directly receives the federal financial assistance. The primary recipient then distributes the federal assistance to a subrecipient to carry out a program. Both the primary recipient and subrecipient must conform their actions to Title IX and other nondiscrimination laws.
Contractor and Agent. A recipient may not absolve itself of its Title IX and other nondiscrimination obligations by hiring a contractor or agent to perform or deliver assistance to beneficiaries. Agency regulations consistently state that prohibitions against discriminatory conduct, whether intentional or through sex neutral means with an unjustified disparate impact, apply to a recipient, whether committed "directly or through contractual or other arrangements.
One also should evaluate the agency's assurances or certifications; such documents can provide an independent basis to seek enforcement. For example, the assurance for the Office of Justice Programs, within the Department of Justice, states, inter alia,.
Recipient v. Finally, in analyzing whether an entity is a recipient, it is necessary to distinguish a recipient from a beneficiary. According to the Supreme Court, the Title IX regulations issued by the Department of Education "make[s] clear that Title IX coverage is not triggered when an entity merely benefits from federal funding.
In NCAA v. This showing without more is insufficient to trigger Title IX coverage. The Court noted that the definition of a recipient under Title IX regulations follows the "teaching of Grove City and Paralyzed Veterans: Entities that receive federal assistance, whether directly or through an intermediary, are recipients within the meaning of Title IX; entities that only benefit economically from federal assistance are not.
Beneficiaries, however, do not enter into any formal contract or agreement or sign an assurance with the federal government where compliance with Title VI or Title IX is a condition of receiving the assistance. In almost any major federal program, Congress may intend to benefit a large class of persons, yet it may do so by funding - that is, extending federal financial assistance to - a limited class of recipients. Title IX was meant to cover only those situations where federal funding is given to a non-federal entity which, in turn, provides financial assistance to the ultimate beneficiary, or disburses federal assistance to another recipient for ultimate distribution to a beneficiary.
See Grove City U. In Paralyzed Veterans, a Section case decided under Department of Transportation regulations, the Court held that commercial airlines that used airports and gained an advantage from the capital improvements and construction at airports were beneficiaries, and not recipients, under the airport improvement program.
The airport operators, in contrast, directly receive the federal financial assistance for the airport construction. The Court examined the program statutes and concluded:. Congress recognized a need to improve airports in order to benefit a wide variety of persons and entities, all of them classified together as beneficiaries. Congress did not set up a system where passengers were the primary or direct beneficiaries, and all others benefitted by the Acts are indirect recipients of the financial assistance to airports The statute covers only those who receive the aid, but does not extend as far as those who benefit from it Congress tied the regulatory authority to those programs or activities that receive federal financial assistance.
Title IX prohibits recipients of federal financial assistance from discriminating on the basis of sex in education programs or activities. As noted in the Introduction, however, the primary focus of this Title IX Manual is on education programs or activities conducted outside traditional educational institutions.
As discussed in Chapter I, the CRRA amended Title IX, Title VI, Section , and the Age Discrimination Act by adding an explicit and expansive definition of "program or activity" that encompasses "all of the operations of" a covered entity, any part of which receives federal financial assistance, in order to establish the principle of institution-wide coverage. As explained below, outside the context of traditional educational institutions, a fact-specific inquiry is required to determine which portions of a covered program or activity are educational, and thus covered by Title IX.
In light of the broad sweep envisioned for Title IX, and the expansive notion of institution-wide coverage mandated by the CRRA, such inquiries must be made as broadly as possible. The Civil Rights Restoration Act of Before examining the question of what constitutes a covered education program or activity under Title IX, as amended by the CRRA, it is helpful to take a closer look at the CRRA and the expansive definition of "program" and "program or activity" enacted by this amendment.
For the purposes of this chapter, the term "program or activity" and "program" mean all of the operations of B the entity of such state or local government that distributes such assistance and each such department or agency and each other State or local government entity to which the assistance is extended, in the case of assistance to a State or local government;.
B the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or.
Since passage of the CRRA, courts have consistently held that the receipt of federal funds results in entity-wide coverage under these statutes. Alabama, F. Meaning of "education program or activity".
However, by defining only "program or activity," the CRRA did not directly address the question of how to interpret the modifier "education" for purposes of Title IX coverage.
As a result, coverage under Title IX involves an issue of statutory interpretation that does not arise for the other three civil rights statutes, namely: to what extent does "education" provide a limitation on the concept of institution-wide coverage embodied in the CRRA?
The legislative history of the CRRA reveals that some members of Congress struggled with this very issue. If a private hospital corporation is extended federal assistance for its emergency rooms, all the operations of the hospital, including for example, the operating rooms, the pediatrics department, admissions, discharge offices, etc. Since Title IX is limited to education programs or activities, it would apply only to the students and employees of education programs operated by the hospital, if any.
Covered "education programs or activities". Of course, ordinary rules of statutory construction require that meaning be given to all phrases of a statute. Heckler, U. As the Supreme Court has repeatedly emphasized, "It is a familiar principle of statutory construction that courts should give effect, if possible, to every word that Congress has used in a statute.
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