1. Angela Redmond Debro, General Counsel Alabama A&M University
Title IX Update
Angela Redmond Debro, General Counsel
Alabama A&M University

2. What is Title IX?
Title IX is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private colleges and universities which receive any Federal funds must comply with Title IX.

3. Avalanche of Interest

4. What is Gender Equity?
An athletics program can be considered gender equitable when the participants in both the men's and women's sports programs would accept as fair and equitable the overall program of the other gender.
No individual should be discriminated against on the basis of gender, institutionally or nationally, in intercollegiate athletics. 
NCAA Gender Equity Task Force

5. The most important 37 Words for an Educational Institution
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.

6. From These 37 Words: 34 CFR Part 106 Dear Colleague Letters
Considered “significant guidance documents” for how OCR evaluates whether covered entities are complying with legal obligations.
Office of Civil Rights Guidance including FAQs
Voluntary Resolution Agreements
White House Task Force Recommendations
Related Legal Requirements: Campus SaVE, Clery Act, Title VII
A lot of information to disseminate
Title IX coordinators
Student Affairs
Health and Wellness
Legal

7. Who Interprets & Enforces the Law?
The US Department of Education/Office for Civil Rights
Develops and implements Regulations
Manages Complaints
Investigation & Enforcement
Education
12 Regional Offices
US Court system – federal or state law
Binding in that jurisdiction

8. Quick History - The 1970’s Passed in 1972 -- Compliance Date of 1978
Multiple Attempts to Weaken the law in Committee Fail
Assigned to Department of Education/OCR
NCAA Lawsuit attempting to restrict application to athletics – Dismissed in 1978.
1979 – Key OCR Regulations for athletics issued
Participation and sponsorship go UP for Men and Women since Title IX became law; including the last two years.
32,000

9. The 1980’s Suspended Operation 1984-1988 – Grove City v. Bell
Civil Rights Restoration Act of 1988
NCAA Women’s Championships & AIAW –
74,000

10. The 1990’s
Courts Find a Private Right of Action & Monetary Damages for Intentional Violations
Cohen v. Brown University – key case
’96 and ’98 Clarification Letters Issued
‘96 EADA – federal disclosure
96,000
186,000

11. 2000+ ‘02 Commission on Opportunity in Athletics
’03 Further Clarification & ’05 Clarification Battle
Retaliation Supreme Court Decision – ’05
2010 OCR Clarifications
186,000
249,000

12. Athletics Compliance Areas
Sexual Harassment Generally
Title IX campus Coordinator
Athletics Specific
Participation
Financial Aid
Treatment of student-athletes
Plus – EADA & Fundraising
Under the EADA, 20 U.S.C. § 1092(g), co-educational universities receiving federal
funding and participating in intercollegiate athletics must report certain data, including student
enrollment and student athletic participation, annually to ED. The EADA, however, was not
promulgated under Title IX, and the two statutes serve different purposes. Thus, while OCR
may examine EADA numbers, it does not rely on EADA data to determine if a school is in
compliance with Title IX. Instead, OCR makes an independent determination of the number of
athletic participation opportunities and evaluates the data related to the factors outlined above to
determine if the university is offering genuine opportunities.

13. What is Sex Discrimination?
Under Title IX sex discrimination includes sexual misconduct such as:
• sexual harassment
• sexual violence - rape, sexual assault, sexual battery and sexual coercion

14. Who does Title IX apply to?
Students
Faculty
Staff
Visitors
Any University activity --
on or off campus

15. Jurisdiction
Title IX applies to all of our educational programs and activities
Not limited by “Clery maps” – on or close to campus
Applies on and off campus
Any conduct that would exclude someone from participation, deny them the benefit of, or subject them to discrimination re: our programs

16. Investigation Requirements
School has a duty to investigate
Promptly
Thoroughly
Impartially
Three Tricky Areas:
Even if police are investigating, school still has a duty.
Interference can be an issue.
Complainant requests confidentiality.
Have to generally respect that request, BUT . . .
What if the rest of the community is at risk?
Resources. Options. Document.
Investigators are becoming specialized.

17. Equitable Procedures
Sanctioning the offender is not the only purpose – there is also prevention
PREPONDERANCE OF THE EVIDENCE STANDARD
Same appeal rights for each party
Time frames
OCR set a benchmark at 60 days (did not specify calendar or business)
Parties are entitled to status updates
Equal, written notification of the outcome
There is an exception to FERPA
Campus SaVE requires that the notice be “simultaneous”
Equity is a major theme

18. University Remedies
Immediate measures to eliminate a hostile environment
End what’s occurring
Prevent reoccurrence
Remedy effects
Interim measures during investigation
Examples of University Resources:
No Contact directives
Modification of housing for either the complainant or respondent
Safe housing for the complainant
Academic support
Employment support
Modification of class schedules for either the complainant or respondent
Counseling, health and mental health services
Safety planning
Legal services

19. Preventative Measures
Publishing of the Notice of Nondiscrimination policies
Designation of a Title IX Coordinator
Adoption and Publishing of Grievance Procedures
Education and Training Programs
Training
More Training!

20. DCL – May 13, 2016 (Transgender Students)
Significant guidance
Defines terminology
Gender Identity
Sex assigned at birth
Transgender
Gender Transition
New Guidance in regards to the following:
Safe and Nondiscriminatory Environment
Identification Documents, Names and Pronouns
Sex-Segregated Activities and Facilities
Privacy and Education Records

21. Questions?
Credits: NCAA, FGCU and SUNY