Summary
Sex-based discrimination in schools continues to affect students, from K-12 through college. Title IX was created more than 50 years ago, but many institutions still lack the strategies and tools to consistently support students. Discover seven ways K-12 schools and higher ed institutions can better address school-based discrimination with effective Title IX case management.
Title IX has been here for over 50 years, but sex-based discrimination in schools hasn’t disappeared. While K-12 schools, colleges, and universities have a policy to follow, there’s still room to improve in how they respond to complaints. This blog post explores steps K-12 and higher education institutions can take to protect students and ensure they are receiving equitable opportunities.
1. Create Policies Staff Can Put into Action
Your school or campus should have a Title IX policy, but does it actually help staff take action when a complaint is filed? Do students understand exactly what will happen once they file a report?
Title IX prohibits sex-based discrimination in educational programs or activities that receive federal funding. In K-12 and higher education, it covers admissions, academics, employment, and athletics. Title IX policy provides guidelines that schools must follow, but being detailed in what you communicate to stakeholders gives staff members a clear plan to follow and explains to students exactly what to expect.
Your institution’s policy should state exactly what sex-based discrimination looks like, including:
- Sexual harassment (hostile environment and quid pro quo)
- Sexual assault
- Stalking
- Dating and domestic violence
- Pregnancy and parental status discrimination
- Gender equity in athletics
- Gender identity discrimination
- Sexual orientation discrimination
- Retaliation against anyone who reports
Your school policy should also clearly identify:
- How to make a complaint
- Who receives Title IX reports and how to contact them
- What to expect initially after the student files a report
- What the next investigative steps look like
- How long each of the steps take
- What the supportive measures process may look like
- How your institution deals with retaliation and protects those who make reports, are witnesses, or are involved in the investigative process
Your institution should also designate a Title IX coordinator and treat both parties equitably when you investigate.
2. Train Staff on How to Respond to Title IX Reports
First, all employees at your school need to be trained on what sex-based discrimination is and how to report it. Your institution also needs to provide training to Title IX coordinators.
The training for Title IX coordinators should cover:
- Definitions of gender discrimination in school
- How to conduct an impartial investigation
- How to apply the evidentiary standard
- How to identify bias
Students will notice if staff at your school are actually responding with support and a commitment to keep them safe from sex-based discrimination.
3. Support Pregnant Students and Parents
Schools are not allowed to discriminate against pregnant students, those with a related condition such as a miscarriage, or students who are parents. Title IX states that institutions can’t exclude them from any academic, extracurricular, athletic program or activity or other programs that receive federal funding. Schools also can’t force them to take a leave of absence.
K-12 schools, colleges, and universities must do the following:
- Excuse absences for as long as the student’s medical provider says is necessary
- Allows students the same status they had in academics, extracurricular activities, or athletics before their pregnancy or childbirth
- Do not force the student to take a leave of absence or enroll in an alternative program
In K-12, pregnant students are often asked to enroll in alternative programs. While they can enroll in them if it’s their choice, schools are not allowed to force students to make that choice. Schools also can’t discourage pregnant students or students who are parents from participating in school activities or from attending graduation ceremonies.
In higher education, schools can’t ask students or post-doc candidates to take a leave of absence from the college or university. Title IX also protects students in and out of the classroom, including internships, extracurricular programs, financial aid, scholarships, labs and clinics.
4. Ensure Your Athletic Programs Are Compliant
Sex-based discrimination in athletics is still a Title IX issue that schools need to address. Institutions are required to provide equal opportunity for students to participate in sports, regardless of their sex. That applies to a middle school soccer program or an NCAA Division I program. It also covers team rosters, scholarships, facilities, coaching, and scheduling.
What Data Shows about Equity in Athletics
A 2024 report from the U.S. Government Accountability Office (GAO) found that women still participate in sports at lower rates than men, even though women are enrolling in college at higher rates than men. Because of this, GAO recommended that the Department of Education do more to improve how colleges and universities are addressing Title IX.
Review Your Programs
Review your school’s athletics programs by looking at exactly what girls and women have access to in comparison to boys and men. Do they have equal access to scholarships, facilities, equipment, coaching expertise, game and practice times, travel resources, funding, and overall support? Ensure that your institution is communicating to girls or women about the availability and equitable treatment of your athletics programs.
5. Address Retaliation in Sex-Based Discrimination Complaints
Title IX prohibits retaliation against anyone who files a sex-based discrimination complaint, participates in the proceedings, or even refuses to participate. Even if the complaint ends up not being substantiated, retaliation is still a violation of Title IX.
What Retaliation Looks Like in Title IX
Retaliation could look like a grade being changed after a report is filed, being excluded from an activity, removal from a program or position, peer pressure or pressure from a staff member, or other treatment that makes the person second-guess or regret reporting or participating in the investigation. Retaliation could be aimed at the person who reported, a witness, or someone else involved.
A Supreme Court Title IX Retaliation Case
In Jackson v. Birmingham Board of Education (2005), the U.S. Supreme Court found that retaliating against someone who makes a Title IX complaint is also sex discrimination. The case involved a girls’ basketball coach who complained about the team’s unequal access to funding, facilities, and equipment. After making the complaint, the coach received negative employee evaluations and was removed from his position. The ruling established that Title IX protects anyone who speaks up or files a report.
Your school, college, or university needs clear steps on how to receive retaliation complaints and how to investigate them in addition to the original sex-based discrimination complaint.
6. Help Students Trust the Reporting Process
Many students who experience sex-based discrimination in school don’t end up reporting it, unfortunately. In one example, the American Psychological Association explains that “very few students who experience sexual assault — estimates range from 1% to about 13% — actually file formal reports.”
Students need to know exactly how to file a complaint and that reports are taken seriously, investigations won’t stall, and your team will consistently communicate with them throughout the process. They also need to know that they’ll receive supportive measures if they make a complaint.
Another important way to help students trust the Title IX reporting process is by protecting them from retaliation. Clearly communicate to students and staff that retaliation is prohibited and what will happen if it occurs.
7. Use Case Management Software to Be Accountable
Guardian by Campus Kaizen is Title IX case management software built specifically for education. It gives Title IX coordinators a configurable workflow for managing complaints from the initial report to the final resolution.
This makes it simple to document every step, piece of evidence, and communication in one place. This consistent process builds trust in your district or campus community, assuring students that you take Title IX complaints seriously and will fairly investigate every report filed.
Title IX coordinators can also quickly pull data on cases and analyze trends across school sites, campuses, departments, or time periods. This helps your institution review areas where you need to provide more support to students or staff.
See How Guardian Simplifies Case Management
One secure, configurable platform for Title IX, HR, and Student Services compliance.
Frequently Asked Questions (FAQ)
What is sex-based discrimination in schools?
Sex-based discrimination in schools is any treatment that denies a student equal access to education based on sex, sexual orientation, or pregnancy. Under Title IX, it includes sexual harassment, sexual assault, unequal athletic opportunities, and pregnancy discrimination in any school or college that receives federal funding.
What does Title IX require schools to do?
Title IX requires schools to designate a Title IX coordinator, publish their grievance procedures, and investigate complaints fairly through a documented process. Institutions must also train employees about sex-based discrimination and train Title IX coordinators.
What is Title IX in sports?
Title IX requires K-12 schools, colleges, and universities to provide equal athletic opportunities for students regardless of sex. This includes team rosters, scholarships, facilities, coaching, and scheduling.
What is retaliation related to Title IX?
Retaliation under Title IX is any action that would discourage a student or staff member from reporting sex-based discrimination or participating in a Title IX proceeding. Retaliation is a Title IX violation, even if the complaint does not move forward as an investigation.
The views and ideas expressed in this article are presented strictly for informational purposes and should not be construed as legal advice.
