A Title IX Primer for Investigators
Title IX in the United States might be best known for ushering in the era of gender equality in college athletics. But Title IX regulations extend beyond the playing field. For education institutions that accept federal funding, Title IX also includes extensive requirements to prevent sex discrimination on their campuses.
What Is Title IX?
In 1972, the U.S. Congress passed the Education Amendments, which included a section called Title IX prohibiting discrimination based on sex in education programs and activities that receive U.S. federal financial assistance.
“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 stipulates.
Federal agencies that provide grants of financial assistance, such as the U.S. Department of Education, are required to enforce Title IX’s nondiscrimination mandate.
As the U.S. Department of Education explains in a fact sheet, “Examples of the types of discrimination that are covered under Title IX include but are not limited to: sex-based harassment; sexual violence; pregnancy discrimination; the failure to provide equal athletic opportunity; sex-based discrimination in a school’s science, technology, engineering, and math courses and programs; discriminatory application of dress code policies and/or enforcement; and retaliation.”
The Education Department issued a final rule in 2020 that added single instances of “sexual assault, dating violence, domestic violence, or stalking” to its definition of sexual harassment under Title IX. Previously, before being considered sexual harassment, these offenses had to be evaluated for their severity, pervasiveness, offensiveness, or denial of equal access.
How Does Title IX Apply to Education Institutions?
The Education Department provides education institutions in the United States—primary, secondary, and higher education—with billions of dollars in grants and other funding every year.
Institutions accepting this funding are required to comply with Title IX and must have a designated Title IX coordinator. These institutions must “promptly respond” to individuals who are alleged victims (often referred to as complainants) of sexual harassment by providing supportive measures, following a fair grievance process to resolve the allegations when a complainant requests an investigation or a Title IX coordinator decides an investigation is necessary, and provide remedies to victims of sexual harassment.
Title IX investigations are not criminal investigations. Institutions subject to Title IX are required to complete their own investigations into Title IX complaints separate from any law enforcement investigation that might arise from the same alleged conduct.
Investigations attempt to determine whether the following types of sex-based harassment have occurred:
Quid pro quo harassment. An employee, agent, or other individual authorized by the institution provides aid, benefit, or service explicitly or impliedly conditioned on another person’s participation in unwelcome sexual conduct.
Hostile environment harassment. Unwelcome, sex-based conduct that—based on the totality of the circumstances—is subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the institution’s education program or activity.
Specific offenses. These include sexual assault, dating violence, domestic violence, and stalking.
During an investigation, education institutions subject to Title IX are required to investigate complaints in a manner that:
- Keeps the burden of proof and burden of evidence-gathering on the institution while protecting all parties’ rights to consent to the use of their medical, psychological, and similar treatment records
- Provides both parties equal opportunity to present facts, expert witnesses, and other inculpatory and exculpatory evidence
- Does not restrict parties from discussing the allegations or gathering evidence
- Gives the parties equal opportunity to select an adviser of their choice
- Requires written notice when a party’s participation is invited or expected for an interview, meeting, or hearing
- Provides both parties equal opportunity to review and respond to the evidence gathered during the investigation
- Sends both parties the recipient’s investigative report summarizing the relevant evidence before reaching a determination regarding responsibility
What Are Some Requirements of the Grievance Process?
The U.S. Department of Education published a final rule in 2020 that outlines some of the aspects that education institutions must include in their grievance process:
- The process must treat complainants and respondents (alleged perpetrators) equitably. Therefore, disciplinary actions are handed down only after a fair process to determine responsibility.
- Investigators must objectively evaluate both inculpatory and exculpatory relevant evidence.
- Title IX coordinators, investigators, decision-makers, and other individuals involved in informal resolutions must be free from conflicts of interest and bias.
- Respondents must be presumed nonresponsible for the alleged conduct until the grievance process is concluded.
- There must be a prompt timeframe for the grievance process to conclude.
- The process must inform all parties of critical information about the institution’s procedures, including the range of remedies and disciplinary sanctions, standard of evidence to be applied under Title IX, appeal procedures, and supportive measures available to both parties.
- The process must protect legally recognized privilege, such as attorney-client privilege or spousal privilege.
Where Does the Federal Government Come In?
In the United States, the U.S. Department of Education’s Office of Civil Rights (OCR) has traditionally handled Title IX complaints that are not being addressed by any other agency, school, or college’s formal grievance procedure, provided that the OCR anticipates that that agency would provide a resolution process comparable to the OCR’s.
“Once the other complaint process is completed, you have 60 days to file your complaint with OCR,” according to an Education Department a fact sheet. “OCR’s first step will be to determine whether to defer to the result reached in the other process.”
The OCR will evaluate the claim and then may engage in mediation or case planning, investigation, and resolution, or it may initiate an enforcement action, including referring to the U.S. Department of Justice when appropriate.
In April 2025, the Department of Education and Department of Justice announced the creation of a Title IX Special Investigations Team to ensure “timely, consistent resolutions to protect students, especially female athletes, from the pernicious effects of gender ideology in school programs and activities.”
U.S. President Donald Trump has attempted to close the U.S. Department of Education during his second administration. If the department were shuttered, it is unclear what agency would assume responsibility for overseeing enforcement of Title IX requirements.
The Department of Education and Department of Justice, which were largely closed at press time due to a U.S. government shutdown, did not return requests for comment on this series.
Megan Gates is senior editor at Security Management. Connect with her at [email protected] or on LinkedIn.
