Title IX

U.S. Department of Education Office for Civil Rights

OVERVIEW

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in all education programs and activities operated by recipients of federal funds, including colleges, universities, and public school districts. Unless they are specifically exempt, Title IX applies to all institutions that receive federal financial assistance from the Department of Education, including state and local educational agencies. Recipients subject to Title IX 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. OCR enforces Title IX to ensure that students have equal access to educational opportunity and can go to school without fear of sex discrimination. 

The scope of this prohibition is quite broad, encompassing discrimination against both women and men. The statute applies in a wide variety of educational contexts, such as school admissions, athletics, educational services, extracurricular activities, employment, and more. 

The current effort to combat sexual violence on college campuses is derived from Title IX's prohibition against sexual harassment. Under Title IX, sexual harassment is a form of sex discrimination that may occur when the harassing conduct is severe or pervasive enough that it creates a hostile environment that interferes with a student's ability to access the educational program or activity in question. 

Learn More About Title IX: 

 

What is Title IX?
What is Title IX?

Title IX is a federal law that prohibits any educational institution that receives federal financial assistance (such as grants or student loans) from discriminating on the basis of sex.

Adapted from the Department of Education's Title IX FAQ

Is Fayetteville State University Covered By Title IX?
Is Fayetteville State University Covered By Title IX?

Yes. Fayetteville State University is a public university that receieves federal funds and operates education programs. 

All public school districts are covered by Title IX because they receive some federal financial assistance and operate education programs. All public colleges and universities and virtually all private colleges and universities are covered because they receive such assistance by participating in federal student aid programs.

Adapted from the Department of Education's Title IX FAQ

Are all programs at Fayetteville State University covered by Title IX?

Yes.

All programs Fayetteville State University are covered by Title IX because the Univeristy is a recipient of federal funds. Title IX covers all the operations Fayetteville State University  including academics, extracurricular activities, athletics, and other programs. Title IX applies to University actions regardless of where they occur, including those that take place in the facilities of the school, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere off campus.

WHAT'S COVERED BY TITLE IX?

The programs and activities that are protected by Title IX are:

  • Academic programs
  • Athletics
  • Benefits and leave
  • Employee hiring and retention
  • Financial aid and scholarships
  • Housing
  • Recruitment and admissions

 

Adapted from the Department of Education's Title IX FAQ

Does Title IX protect all Fayetteville State University Students, Staff, and Faculty?

Yes.

Title IX protects all persons from discrimination, including parents and guardians, students, and employees.

Adapted from the Department of Education's Title IX FAQ

What types of Title IX cases does OCR handle?

OCR handles cases of sex discrimination involving a range of issues, such as discriminatory discipline, harassment and sexual violence, and unequal access to educational resources (such as STEM or career and technical education) or athletic opportunities.


Adapted from the Department of Education's Title IX FAQ

Who at Fayetteville State University Can Help Answer My Title IX Questions?

As a receipent of federal funds, Fayetteville State University complies with Title IX and has appointed Jessica Tuttle as its Chief Title IX Coordinator with overall responsibility for Title IX compliance. She may be reached at Barber Building, Office 242, (910)672-2325, TitleIX@uncfsu.edu

 

Any student, employee or applicant for employment or admission to the University who believes that he or she has been discriminated against on the basis of sex, in violation of Title IX, or has been a victim of sexual assault, sexual harassment or other sexual misconduct, may file a complaint with the Title IX Office:

FSU's Title IX Office:

  • Visit: Barber Building 242
  • Call: 910-672-2325

The Title IX Office personnel will assist the complainant in identifying the appropriate University policy  to resolve the complaint in a prompt and equitable manner. The Title IX Office personnel may consult with other University administrators, as needed, to resolve the complaint in the most effective manner.

Adapted from the Department of Education's Title IX FAQ

What is Sex-Based Harassment, Sexual Harassment, Sexual Violence, and Gender-Based Harassment?
What is sex-based harassment?

What is sex-based harassment?


Sex-based harassment can take multiple forms.

Harassers can be students, school staff, or even someone visiting the school, such as a student or employee from another school.

Sexual harassment (including sexual violence) and gender-based harassment are forms of sex-based harassment addressed on this page.


What is Sexual Harassment?

Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.

What is Sexual Violence?

Sexual violence is a form of sexual harassment. Sexual violence, as OCR uses the term, 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.

What is Gender-Based Harassment?

Gender-based harassment is unwelcome conduct based on a student's actual or perceived sex. It includes slurs, taunts, stereotypes, or name-calling, as well as gender-motivated physical threats, attacks, or other hateful conduct.

Fayetteville State University Title IX and Related Policies: 

Adapted from the Department of Education's Title IX FAQ

What are Fayetteville State University's Responsibilities Under Title IX To Address Sex-Based |Harassment?
What are Fayetteville State University's Responsibilities Under Title IX To Address Sex-Based |Harassment?

Title IX requires an Fayetteville State University to respond to sex-based harassment 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 its recurrence, and, as appropriate, remedy its effects.

File a Complaint Related to Student on Student Sexual Misconduct, Intimate Partner Violence, or Stalking

 To report Student on Student Sexual Misconduct, Intimate Partner Violence, or Stalking:  
https://cm.maxient.com/reportingform.php?FayettevilleStateUniv&layout_id=1   

     
To report Other Student Non-Academic Misconduct: 
 https://cm.maxient.com/reportingform.php?FayettevilleStateUniv

File a Complaint related to a FSU Employee Sexual Misconduct, Sexual Discrimination, or Sexual Harassment

To report staff or faculty sexual misconduct, sexual discrimination, or sexual harassment:  

https://forms.office.com/Pages/ResponsePage.aspx?id=9ObhsvFkckidocqKmnxB91HehUpWzLVMgVPdwoLiGrFUQzhWODhPSzc4TEdNV1pKVloyQVhKVTZKWS4u             

To make other complaints against staff or faculty: 

 https://www.uncfsu.edu/assets/Documents/written_complaint_procedures3.pdf

Fayetteville State University Title IX and Related Policies: 

Adapted from the Department of Education's Title IX FAQ

How does Fayetteville State University balance their Title IX obligations with individuals’ First Amendment rights?
How does Fayetteville State University balance their Title IX obligations with individuals’ First Amendment rights?

Fayetteville State University protects all campus community members  from such harassment without running afoul of students' and staff First Amendment rights through the University's Freedom of Speech/Expression policy. 

OCR has consistently reaffirmed that the Federal civil rights laws it enforces protect students from prohibited discrimination, and are not intended to restrict expressive activities or speech protected under the U.S. Constitution's First Amendment.

Adapted from the Department of Education's Title IX FAQ

How does OCR address sex-based harassment against students?
How does OCR address sex-based harassment against students?

OCR investigates and resolves allegations that educational institutions that are recipients of federal funds have failed to protect students from harassment based on sex. Where OCR identifies concerns or violations, educational institutions often resolve them with agreements requiring educational institutions to adopt effective anti-harassment policies and procedures, train staff and students, address the incidents in question, and take other steps to restore a nondiscriminatory environment.

In addition to resolving investigations, OCR takes steps to inform schools of their obligation to provide a nondiscriminatory environment by issuing policy guidance. To see relevant policy guidance relating to sex-based harassment, please click here and here

Adapted from the Department of Education's Title IX FAQ

How Does Fayetteville State University's Athletic Program Provide Equal Opportunity Under Title IX?

Fayetteville State University's Athletic Program provides an equal opportunity in meeting student interest in sports, and in specific program areas like equipment and supplies and recruitment.


Since its passage, Title IX has dramatically increased athletic opportunities for women and girls. The Title IX regulations specify Fayetteville State University as a recipient of federal funds, it must provide 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.  Although athletic opportunities for both males and females have increased, both Fayetteville State University's Athletic Program and OCR remained committed to making sure they are offered in an equitable way.

The Title IX regulation contains specific provisions governing athletic programs and the awarding of athletic scholarships.  Since Fayetteville State University operates or sponsors an athletic program, it provides equal athletic opportunities for members of both sexes.  Fayetteville State University and OCR have agreed University Athletic Program is effectively accommodating the athletic interests and abilities of students of both sexes. 

Fayetteville State University's Athletic Program and OCR also considered the following factors in determining whether male and female athletes are provided with equivalent benefits, opportunities, and treatment:

  • equipment and supplies; game and practice times;
  • travel and per diem allowances;
  • coaching and academic tutoring;
  • assignment and compensation of coaches and tutors;
  • locker rooms,
  • practice and competitive facilities;
  • medical and training facilities and services;
  • housing and dining facilities and services; and
  • publicity. 

For more information, visit  Fayetteville State University Athletics, NCAA's Title IX FAQs or  OCR's Athletic Equity Resources page.

Adapted from the Department of Education's Title IX FAQ