AALRR Commemorates the 50th Anniversary of Title IX

06.23.2022

AALRR commemorates the 50th Anniversary of Title IX of the Education Amendments of 1972 (“Title IX”), the landmark piece of legislation signed into law on June 23rd that prohibits discrimination on the basis of sex in educational programs or activities receiving federal funding.  With U.S. Representative Patsy T. Mink of Hawaii recognized as its primary author and sponsor, Title IX’s statutory language specifically provides:

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.

Along with its implementing regulations and its subsequent interpretation by the federal courts, Title IX has had a central role in promoting and protecting the civil rights of scores of individuals from across our country, particularly women and girls, by ensuring more equitable opportunities and access in our classrooms and on our athletic fields.  Title IX has also served as the cornerstone of federal statutory protection against sexual harassment and other types of sexual misconduct in our nation’s elementary, secondary, and postsecondary educational institutions, in addition to other agencies that receive federal funding.  Finally, the rights afforded under Title IX have been increasingly interpreted by certain federal courts and Presidential Administrations to include protection from being discriminated against on the basis of sexual orientation and gender identity.  Today, in fact, the U.S. Department of Education issued Proposed Amendments to its Title IX regulations that explicitly state for the first time that Title IX’s protections against sex-based discrimination include discrimination based on sexual orientation and gender identity.  Please note that the newly-proposed amendments to Title IX's regulations announced today by the federal government also address other issues all of which will be the subject of forthcoming AALRR Alerts and Blogs.

With nine offices in California, AALRR and its Title IX Team are proud of its long history of providing trusted legal counsel, advice, and related services on a wide range of Title IX matters for California’s leading public and private higher educational institutions, school districts, and other recipients of federal funding.  AALRR’s Title IX Team is well-positioned to assist clients understand and navigate Title IX’s requirements and its interplay with related obligations under state education and civil rights laws with the goal of ensuring their full compliance under governing federal and state laws.

Firmly anchored in AALRR’s more than 40-year history of successfully representing and advising California’s educational institutions, the following client services are a few key examples of the exceptional support and services clients can expect to receive from AALRR’s Title IX Team:

• In-depth, targeted trainings for administrators, coordinators, personnel, and/or students on rights, duties, and responsibilities regarding complaints of sexual harassment, sexual violence, and related matters;
• Compliance counsel, including reviewing and revising policies and procedures governing complaints of sexual harassment and sexual violence, reporting requirements under the Clery Act, and student disciplinary proceedings;
• Development of policies and procedures to prevent discrimination on the basis of sexual orientation or gender identity in compliance with protections afforded under Title IX and state education and civil rights laws;
• Service as Title IX Hearing and Appellate Officers for proceedings involving allegations of sexual harassment, sexual violence, and related matters;
• Management and/or conducting of complex, high-profile, and sensitive internal investigations involving complaints of sexual harassment, sexual violence, and other types of wrongful conduct;
• Representation, counsel, and advice in complex investigations conducted by the Office for Civil Rights of the U.S. Department of Education or the Civil Rights Division of the U.S. Department of Justice;
• Advice on the intersection between internal investigations involving sexual misconduct and related criminal proceedings; and
• Compliance counsel regarding the provision of equal opportunities and resource comparability in athletics.

With the goal of ensuring a safe educational and work environment on campuses throughout California, AALRR offers experienced and exceptional counsel when universities, colleges, and school districts are confronting complex matters involving civil rights compliance under Title IX and related state laws. If your educational institution has questions or seeks counsel or services regarding Title IX compliance and related matters, please contact one of the attorneys of AALRR’s Title IX Team.