Title IX

Below is a summary of some of the key issues covered by Title IX, as well as some general information on the legal requirements applicable to each issue area, including citations to the relevant Departmental regulatory provisions and references to OCR's guidance that address the issue. The discussion of each Title IX issue includes recommended best practices to help a FSU meet its obligations under Title IX.

  • Recruitment, Admissions, and Counseling 
  • Financial Assistance  
  • Athletics 
  • Sex-Based Harassment 
  • Pregnant and Parenting Students
  • Discipline
  • Single-Sex Education
  • Employment
  • Retaliation
  • Information Collection and Reporting 

More information related to Title IX:

Department of Education - Title IX: A Sea of Change in Gender Equity in Education

National Center for Educational Statistics: Title IX Fast Facts

National Collegiate Athletic Association - Gender Equity and Title IX 

National Women's Law Center - Education & Title IX 

Who does Title IX protect?
Who does Title IX protect?

Title IX applies to all students, faculty, staff and visitors at Fayetteville State University because the University receives federal funds. Although Title IX is most famous for its effects on athletics, the law prohibits gender discrimination in all aspects of education and other University operations.

What Does Title IX Require Fayetteville State University To Do?
What Does Title IX Require Fayetteville State University To Do?

FSU is required to evaluate their current policies and practices; adopt and publish a policy against sex discrimination, including sexual harassment and violence; and implement grievance procedures providing for prompt and equitable resolution of student and employee discrimination complaints.

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf

Recruitment, Admissions, and Counseling
Recruitment, Admissions, and Counseling

Title IX prohibits  Fayetteville State University  from discriminating on the basis of sex in the recruitment or admission of students.

The University  ensures that it does not discriminate on the basis of sex in recruitment and admissions by reviewing the recipient's recruitment materials, admission forms, and policies and practices in these areas. 

Title IX prohibits  Fayetteville State University  discriminating on the basis of sex in counseling or guiding students or applicants for admission.

The University reviews any materials used for counseling students in terms of class or career selection, or for counseling applicants for admission, to ensure that the it does not use different materials for students based on sex or use materials that permit or require different treatment of students based on sex.   Many fields of study continue to be affected by sex-based disparities in enrollment; these are typically called nontraditional fields. For example, some fields of study in science, technology, engineering, and mathematics or career and technical education are often affected by disproportionate enrollment of students based on sex. The University ensure that such disparities are not the result of discrimination on the basis of sex by reviewing enrollment data, counseling practices,  and counseling or appraisal materials.  The University ensures all students have equal access to all programs and encourages underrepresented students to explore nontraditional fields.

 

For more information:  Title IX and Access to Courses and Programs in Science, Technology, Engineering and Math (October 2012), available at http://www.ed.gov/ocr/presentations/stem-t9- powerpoint.pdf.  

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf

Financial Assistance
Financial Assistance

 

Generally,  Fayetteville State University may not:

(a) provide different amounts or types of financial assistance, limit eligibility for such assistance, apply different criteria or otherwise discriminate on the basis of sex in administering such assistance; or

(b) assist any agency, organization, or person which offers sexrestricted student aid.

The Department's Title IX regulations provide three exceptions to these general prohibitions. Fayetteville State University is permitted to administer or assist in the administration of scholarships, fellowships, or other awards that are restricted to members of one sex if the award is:

(a) created by certain legal instruments, including wills or trusts, or by acts of a foreign government, provided the overall effect is nondiscriminatory;

(b) for study at foreign institutions if the recipient provides, or otherwise makes available reasonable opportunities for similar studies for members of the other sex; or

(c) athletic financial assistance.

 To help the recipient ensure its compliance with these requirements, the University develops, and subsequently monitors, the procedures and practices for awarding financial assistance and for administering or aiding any foundation, trust, agency, organization, person, or foreign government in awarding financial assistance to its students. 

The Department's Title IX regulatory requirements regarding athletic financial assistance are discussed in the Athletics section, below.

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf

Athletics
Athletics

 

The Department's Title IX regulations prohibit sex discrimination in interscholastic, intercollegiate, club, or intramural athletics offered by a recipient institution, including with respect to

(a) student interests and abilities;

(b) athletic benefits and opportunities; and

(c) athletic financial assistance. 

Under the Department's Title IX regulations, an Fayetteville State University must provide equal athletic opportunities for members of both sexes and effectively accommodate students' athletic interests and abilities.

For more information about Athletics and Title IX:

 

Student interests and abilities

The University and OCR use a three-part test to ensure the University is providing nondiscriminatory athletic participation opportunities in compliance with the Title IX regulation.

The test provides the following three compliance options:

1. Whether participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or

2. Where the members of one sex have been and are underrepresented among athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of the members of that sex; or

3. Where the members of one sex are underrepresented among athletes, and the institution cannot show a history and continuing practice of program expansion, as described above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.

The three-part test allows Fayetteville State University to maintain flexibility and control over their athletic programs consistent with Title IX's nondiscrimination requirements. The three-part test furnished the University with providing individuals of each sex with nondiscriminatory opportunities to participate in athletics.

Athletic Benefits and Opportunities

 Using the Department's Title IX regulations and OCR guidance, Fayetteville State University provides and sponsors equal athletic opportunities for members of both sexes.

In determining whether an institution is providing equal opportunity in athletics, the regulations require the Department and the University to consider, among others, the following factors:

(1) the provision of equipment and supplies;

(2) scheduling of games and practice time;

(3) travel and per diem allowances;

(4) opportunity for coaching and academic tutoring;

(5) assignment and compensation of coaches and tutors;

(6) provision of locker rooms, and practice and competitive facilities;

(7) provision of medical and training facilities and services; (8) housing and dining services;

(9) publicity;

(10) recruitment; and

(11) support services.

These factors are sometimes referred to as the laundry list. As part of FSU's obligation to provide equal athletic opportunity to its students, the University periodically reviews and compares the distribution of athletic benefits and opportunities by sex in each of these areas, including financial expenditures on male and female athletic teams.

Athletic Financial Assistance

Using the Department's Title IX regulations, the University awards athletic financial assistance, including athletic scholarships or grants-in-aid, by providing reasonable opportunities for such awards for members of each sex in substantial proportion to the number of students of each sex participating in interscholastic or intercollegiate athletics. Separate athletic financial assistance for members of each sex may be provided as part of separate athletic teams for members of each sex.  The University complies with these provisions by reviewing the athletics department and coordinating all awards that the athletic financial assistance awards. 

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf 




Information Collection and Reporting

Title IX impacts all areas of education, including:

  • career and technical education;
  • science, technology, engineering and math (STEM);
  • comparable facilities and access to course offerings;
  • student health services and insurance benefits;
  • athletics.
Sex-Based Harassment
Sex-Based Harassment

In order to best perform academically and to have equal access to all aspects of Fayetteville State University's educational programs and activities, students must not be subjected to unlawful harassment, either in the classroom or while participating in other education programs or activities.

Title IX prohibits sex-based harassment by peers, employees, or third parties that is sufficiently serious to deny or limit a student's ability to participate in or benefit from the recipient's education programs and activities (i.e., creates a hostile environment).

When the University knows or reasonably should know of possible sex-based harassment, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that the harassment created a hostile environment, the University must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent the harassment from recurring, and, as appropriate, remedy its effects.

Title IX prohibits several types of sex-based harassment.

Sexual harassment is unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the student's age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent).

A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

Gender-based harassment is another form of sex-based harassment and refers to unwelcome conduct based on an individual's actual or perceived sex, including harassment based on gender identity or nonconformity with sex stereotypes, and not necessarily involving conduct of a sexual nature.

All of these types of sexbased harassment are forms of sex discrimination prohibited by Title IX. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating.

The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. Indeed, a single or isolated incident of sexual violence may create a hostile environment.

Title IX protects all students from sex-based harassment, regardless of the sex of the alleged perpetrator or complainant, including when they are members of the same sex.

Title IX prohibits discrimination on gender identity

Title IX's sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to  conform to stereotypical notions of masculinity or femininity, and the University  accepts and appropriately responds to all complaints of sex discrimination.

Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a recipient's obligations. The University investigates and resolves allegations of sexual or gender-based harassment of lesbian, gay, bisexual, and transgender students using the same procedures and standards that it uses in all complaints involving sex-based harassment.

The fact that an incident of sex-based harassment may be accompanied by anti-gay comments or be partly based on a student's actual or perceived sexual orientation does not relieve the University of its obligation under Title IX to investigate and remedy such an incident. 

The Title IX coordinator coordinates the University's efforts to accept and appropriately respond to all complaints of sex discrimination and should work with the recipient to prevent sexual and gender-based harassment. 

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf 


Pregnant and Parenting Students
Pregnant and Parenting Students

Through the Department's Title IX regulations, the University does not

(a) applying any rule concerning parental, family, or marital status that treats persons differently on the basis of sex; or

(b) discriminating against or excluding any student from its education program or activity, including any class or extracurricular activity on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

The University does not make pre-admission inquiries as to the marital status of an applicant for admission. The University does not discriminate against students based on their parental, family, or marital status, or exclude pregnant or parenting students from participating in any educational program, including extracurricular activities.

Upon request, the Title IX Office will provide training to the campus community so they know that Title IX prohibits discrimination against pregnant and parenting students, provide workshops to faculty and other staff on the Department's Title IX regulations and OCR guidance related to pregnant and parenting students, and assist the recipient in helping to meet the unique educational, child care, and health care needs of pregnant and parenting students.

The Lactation Room in Williams Hall provides all nursing campus community members a dedicated space on campus to breastfeed and express their milk. The Title IX Office  provides pregnant and parenting students access to our Lactation Room. The Room is well-equipped with comfortable chairs, refrigerator, microwave, tabletop electrical outlets, and much, much more. If the Room is not convenient, the Title IX Office will assist to locate an appropriate space. 

For more information about a FSU's obligations regarding pregnant and parenting students, please review:

Department of Education - Supporting the Academic Success of Pregnant and Parenting Students and Dear Colleague Letters

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf 

Discipline
Discipline

Through the Department's Title IX regulations, the University  does not subjecet  any person to separate or different rules of behavior, sanctions, or other treatment, such as discriminatory discipline, based on sex.

The University reviews all discipline policies to help make sure they are not discriminatory, works with all  employees to keep and maintain accurate and complete records regarding its disciplinary incidents, and monitor the administration of its discipline policies to ensure that they are not administered in a discriminatory manner.

 

For more information:

Department of Education -  Dear Colleague Letters

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf 


Single-Sex Education
Single-Sex Education

The University is generally prohibited from providing any of its education programs or activities separately on the basis of sex, or requiring or refusing participation by students on the basis of sex unless expressly authorized to do so under Title IX or the Department's implementing regulations. 

There are some limited exceptions, the most significant of which are available from the Department of Education   Questions and Answers and Dear Colleauge Letters


Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf 

Employment
Employment

Through the Department's Title IX regulations, the University is generally prohibited from discriminating on the basis of sex in any employment or recruitment, consideration or selection for employment, whether full-time or part-time.  This includes employment actions such as recruitment, hiring, promotion, compensation, grants of leave, and benefits. The University must make employment decisions in a nondiscriminatory manner, and may not enter into contracts, including those with employment agencies or unions, that have the direct or indirect effect of subjecting employees or students to discrimination based on sex.

Additionally, Title IX's employment provisions protect against discrimination based on an applicant's or employee's pregnancy or marital or parental status.

Finally, a the University may not employ students in a way that discriminates against one sex, or provide services to any other organization that does so. The University helps ensure all employees are aware that the Title IX coordinator is available to help employees as well as students.  

For more information: FSU's Office of Human Resources 


Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf 

Retaliation
Retaliation

The University does not retaliate against any individual for the purpose of interfering with any right or privilege secured by Title IX.

Retaliation against an individual because the individual filed a complaint alleging a violation of Title IX; participated in a Title IX investigation, hearing, or proceeding; or advocated for others' Title IX rights is also prohibited. The University ensures that individuals are not intimidated, threatened, coerced, or discriminated against for engaging in such activity. 

For more information:

Department of Education -  Dear Colleague Letters

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf 

Information Collection and Reporting
Information Collection and Reporting

 

The Department requires the University to report information about Title IX and other civil rights issues that may be useful to the work of Title IX coordinators. In addition, the University plays a critical role in helping to ensure that their institutions' information is accurate, comprehensive, and effectively used to cure civil rights violations or prevent them from occurring. 

For more information about data collection and reporting, please review: 

CRDC webpage, available at http://www.ed.gov/ocr/data.html; and

Campus Security webpage (for postsecondary institutions), available at http://www.ed.gov/admins/lead/safety/campus.html

Adapted from:  https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf