“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance.”
Title IX of the Educational Amendments of 1972
Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex in educational programs and activities. Title IX applies to public and private educational institutions that receive federal funds–including Boise State University.
While traditionally known as the federal law that required women be given similar opportunity to participate in athletics as men, Title IX protects every ones’ right to be free from discrimination on the basis of sex or gender in connection with all university related activities and opportunities. Discrimination on the basis of sex generally includes sexual harassment and sexual assault and may include dating violence, domestic violence, and “bullying” on the basis of sex, gender, or gender stereotypes. Title IX:
- Protects students in connection with all academic, educational, extra-curricular, athletic, and other programs of the school, including school-sponsored or condoned activities (off-campus trips, sororities and fraternities affiliated with school, etc.).
- It may cover activity that occurs off school grounds if there is carry-over into the educational setting (e.g., if a student is sexually assaulted off-campus by another student and must continue to interact with or see the assailant on campus)
You have rights under Title IX!
Title IX requires Boise State University to respond to certain harassment on the basis of sex, which it knows about or reasonably should have known about. The university must:
- Investigate what happened.
- Take appropriate steps to resolve the matter. The University must do its best to eliminate the harassment, prevent recurrence, and remedy effects even if no formal complaint has been made or when a person making a complaint does not wish to further participate in the process.
- Take interim measures during the investigation to prevent potential further harassment.