Title IX Frequently Asked Questions

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities. 

Sex-Based Harassment is considered discrimination on the basis of sex if it includes harassment due to actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

Buffalo State receives federal financial assistance in many forms, including grants from federal agencies for faculty research. Failing to comply with Title IX or other federal civil rights requirements may result in the termination of all or part of a university's federal funding, including awards for faculty research.

Educational institutions are required to provide women and men in all disciplines, including science, technology, engineering, and mathematics, comparable resources, support, and promotional opportunities.

  •     Recruitment, admissions, scholarships, and financial aid. 
  •     Course offerings and access. 
  •     Sexual harassment, including sexual assault and sexual violence, domestic violence, and stalking.
  • Offers equal opportunities for admission, recruitment, course participation, scholarships and other forms of financial aid, and athletic offerings.
  • Prohibitions against sexual harassment, gender-based harassment, and other forms of discrimination based on sex.
  • Provides assistance and redress for victims of stalking, sexual assault, and sexual violence.

No, this may be one of the most widely held misconceptions about Title IX. Athletics are not the only component of academic life governed by Title IX. Other areas that fall within the scope of Title IX include:

  • Recruitment, admissions, financial aid, and scholarships
  • Course offerings and access
  • Counseling services
  • Hiring, retention, and promotion of employees
  • Benefits and leave

Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence.

Additional information regarding what behaviors may constitute sexual harassment and other forms of sexual misconduct.

Does Title IX  require that a female athletic opportunity is equitable with male programs?

Yes, Title IX creates parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require schools to cut men's athletic programs. Each school determines how it will comply with Title IX regulations.

Yes. Title IX prohibits discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance. This includes situations where individuals are harassed; disciplined in a discriminatory manner; excluded from, denied equal access to, or subjected to sex stereotyping in academic or extracurricular opportunities and other education programs or activities; denied the benefits of a school’s programs or activities; or otherwise treated differently because of their sexual orientation or gender identity.

Is it true that According to Title IX, all educational activities and programs must be co-ed and open to both men and women?

No, Title IX specifically allows for, or has been interpreted to allow for, single-sex programs in several categories. Included among those are: religious schools, traditional men's/women's universities, social fraternities/sororities, youth service organizations i.e. the Boy/Girl Scouts of America, and beauty pageants.

Is it true that Title IX prohibits gender bias in science, medicine, and engineering?

Yes, the under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines with resources, support, and promotional opportunities comparable to their male colleagues.

Is it true that advocates for victims of Title IX who file complaints of discrimination for others are protected from retaliation under Title IX?

Yes, the U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court opines that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.

The United States Department of Education's Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information about OCR can be found at ed.gov/about/offices/list/ocr/index.html.