Running head: M11 LAW COMMENTARY

Jennifer Duncan
EDLD 8431 Higher Education Law
M11 Law Commentary
Due date: 11/6/16

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Title IX of the Education Amendments of 1972 is a Federal civil rights law that
prohibits discrimination on the basis of sex in education programs and activities. Under Title IX,
discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape,
sexual assault, sexual battery, and sexual coercion (U.S. Department of Education, 2016).
Institutions must act promptly when they receive complaints from students about sexual
harassment, institutions must also have a Title IX coordinator to handle such cases, and students
have the right to go through proper procedures of adjudication in these instances. I began my
career in higher education by working in the Office of Student Integrity of an institution and
became very aware of this subject and when we reached this subject in this course, I was familiar
and became interested in learning more. This subject is very relevant and applicable to higher
education because it is ever evolving with the different cases that arise.
As schools nationally deal with evolving Title IX guidelines, newly obtained documents
show how Florida State University struggled to interpret them in the Jameis Winston case
(Tampa Bay Times, 2016). In this recent case regarding Title IX at FSU, the gray areas of how to
handle this situation were brought to light. Many institutions, including the one I was working at
during this time, found it difficult to follow federal laws because it was ever changing at their
institutions especially in regards to their Title IX coordinators. At the institution where I was
working, our Title IX coordinator was inundated with cases and behind on adjudicating them
much like how it was at FSU. It is a sad reality but something that we cannot let slip through the
cracks because students and their well-being should be our number one priority.
The U.S. Department of Education, Office for Civil Rights has laid out specific
requirements of Title IX as it pertains to sexual harassment and violence such as a schools
responsibilities in addressing these issues and the procedures a school must have in place to

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prevent these issues from happening and how to resolve such complaints. Some of these policies
and procedures include every school being required to have and distribute a policy against sex
discrimination, every school being required to have a Title IX coordinator, and every school
being required to have and make known procedures for students to file complaints of sex
discrimination (U.S. Department of Education, 2016). This statute was signed into law by
President Nixon in 1972 and stated that No person shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any educational
programs or activity receiving federal assistance (Alexander & Alexander, 2011). I believe that
Title IX has evolved in what it is known for today because of the changing times of higher
education. It began as a statute that brought equal rights for women so that they could be
involved in activities, such as sports, but has evolved to what it is more widely known for today,
which is sexual harassment.
In the 1984 Grove City case, the Supreme Court held that Title IX only applied to
programs receiving federal assistance rather than the institution as a whole and this brought
Congress to amend Title IX with the Civil Rights Restoration Act of 1988 which prohibited
discrimination throughout the entire institution if any part is the recipient of federal financial
assistance (Alexander & Alexander, 2011). Title IX can be applied to entire school districts as
well, like in the cases of Franklin v. Gwinnett County Public Schools and Gebser v. Lago Vista
Independent School District. In the former case, plaintiffs could recover compensatory and
punitive damages under Title IX because students proved that a hostile environment existed in
the school where peer-to-peer sexual harassment took place. In the latter case, involving sexual
abuse of a student by a teacher, the Court ruled that liability of a school district will only accrue
if an official of the school with authority to take corrective action had actual notice of the

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harassment and exhibited deliberate indifference toward correcting the situation (Alexander &
Alexander, 2011). In the case of Davis v. Monroe County Board of Education, a fifth-grade girl
was harassed by a boy in her class and the school did nothing about it even though they had
knowledge of the ongoing harassment. The Supreme Court applied Title IX in this case and ruled
against the school because it had been deliberately indifferent to resolving the matter (Alexander
& Alexander, 2011).
In conclusion, Title IX is a very relevant issue in higher education past, present and
future. Whether it is peer-to-peer or teacher-to-student, schools have a responsibility to uphold
the procedures and policies of Title IX. Title IX can be applied to more than just sexual
harassment but also to the equality of sexes in school activities, such as sports. As administrators,
we are required to maintain the well-being of students and act promptly when they file
complaints of harassment.

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5
Reference

Alexander, K., Alexander, W. (2011). Higher education law: Policy and perspectives. New
York, NY. Routledge.
Baker, M. (18 February 2016). Florida state wrestled with title IX interpretation in Jameis
Winston case. Retrieved from http://www.tampabay.com/sports/college/florida-statewrestled-with-title-ix-interpretation-in-jameis-winston-case/2265927
U.S. Department of Education, Office for Civil Rights. (2016). Know your rights: Title IX
prohibits sexual harassment and sexual violence where you go to school. Retrieved from
https://www.whitehouse.gov/sites/default/files/fact_sheet_know_your_rights.pdf