The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX 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.
Scope of Title IX
Title IX applies to institutions that receive federal financial assistance from ED, including state and local educational agencies. These agencies include approximately 16,500 local school districts, 7,000 postsecondary institutions, as well as 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 and possessions of the United States.
Educational programs and activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.
OCR’s Enforcement of Title IX
OCR vigorously enforces Title IX to ensure that institutions that receive federal financial assistance from ED comply with the law. OCR evaluates, investigates, and resolves complaints alleging sex discrimination. OCR also conducts proactive investigations, called compliance reviews, to examine potential systemic violations based on sources of information other than complaints.
In addition to its enforcement activities, OCR provides technical assistance and information and guidance to schools, universities and other agencies to assist them in voluntarily complying with the law. OCR’s Title IX Resource Guide PDF (501K) is a useful tool for schools and their Title IX coordinators to understand schools’ obligations under Title IX.
Notice of Non-Discrimination
No person shall, on the grounds of race, age, color, sex, disability, or national origin, be denied admission to or employment at Southern Arkansas University, Magnolia, or be excluded from participation in, denied the benefits of, or subjected to discrimination in any program or activity sponsored by the University.
Title IX requires institutions include a notice of nondiscrimination not discriminate on the basis of sex in its education programs and activities. Questions regarding Title IX may be referred to Dr. Alec Testa, Title IX Coordinator, at firstname.lastname@example.org or by called 870-235-4236.
Sexual Violence is defined as physical acts “perpetrated against a person’s will or where a person is incapable of giving consent due to the person’s age; disability, or use of alcohol or drugs.” Examples include: rape, sexual assault, sexual battery, and sexual coercion.
Title IX complaints apply to on-campus conduct and any off-campus conduct that affects the learning experience of students or the campus climate. This applies to all students, employees, and visitors to Southern Arkansas University.