Title 9 (Title IX) is a federal civil rights law that protects people from sex discrimination in education programs and activities that receive federal financial assistance. While Title IX is often associated with athletics, its protections reach much further and can apply to sexual harassment, sexual assault, dating violence, domestic violence, stalking, and other forms of sex discrimination. 

Understanding these protections can be especially important when harassment, abuse, or discrimination affects a person's safety, education, employment, or ability to participate in a school program or activity. 

What Is Title 9 (Title IX)? 

Enacted in 1972, Title IX prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. This includes many public and private schools, colleges, universities, and certain other federally funded education or training programs. 

For individuals experiencing dating violence, domestic violence, stalking, sexual assault, or sexual harassment, Title IX may provide important protections and access to support through their school. 

Schools covered by Title IX are generally required to designate a Title IX Coordinator, who is responsible for coordinating the school's compliance with Title IX and responding to reports of sex discrimination. 

What Type of Conduct is Covered by Title IX? 

Under the federal Title IX regulations currently in effect, certain forms of conduct may qualify as sexual harassment under Title IX. 

These include: 

• Quid pro quo sexual harassment, such as when a school employee conditions an educational benefit or opportunity on a student's participation in unwelcome sexual conduct. 

• Severe, pervasive, and objectively offensive harassment, when unwelcome conduct based on sex is so severe, pervasive, and objectively offensive that it effectively denies someone equal access to the school's education program or activity. 

• Sexual assault. 

• Dating violence. 

• Domestic violence. 

• Stalking. 

Sexual harassment can occur in person or online, including through email, texts or messages, apps, social media, or other technologies. With the rise of artificial intelligence, this can also include the nonconsensual sharing of nude or intimate images that are real, altered, or created using AI. Depending on the circumstances, online or digital harassment may fall under Title IX. 

Not every incident of harassment or abuse automatically falls under Title IX. Whether Title IX applies depends on the circumstances, including the connection between the conduct and the school's education program or activity. 

What Happens After a School Receives a Title IX Report? 

Under current federal regulations, a school must respond when it has actual knowledge, meaning certain school employees or officials have received notice, of sexual harassment covered by Title IX. 

For elementary, middle, and high schools, notice to any school employee can generally constitute actual knowledge under Title IX. At colleges and universities, notice generally must be provided to the Title IX Coordinator or another official with authority to take corrective action on behalf of the institution. 

Once the school has actual knowledge of sexual harassment in its education program or activity, it must respond promptly and cannot respond in a manner that is deliberately indifferent. This means the school's response cannot be clearly unreasonable in light of the known circumstances. 

The school's Title IX Coordinator should also contact the person who experienced the alleged harassment to discuss available supportive measures, explain that supportive measures may be available even without a formal complaint, and explain the process for filing a formal complaint. 

What Are Title IX Supportive Measures? 

One important part of Title IX is that a student may be able to receive support from their school without immediately deciding whether they want to pursue a formal Title IX complaint. 

Depending on the circumstances, supportive measures could help a student continue participating in their education while addressing safety or other concerns. 

Examples of supportive measures may include: 

• Adjustments to class schedules or assignments. 

• Access to counseling or other support services. 

• Changes to school-related work or housing arrangements. 

• Mutual restrictions on contact between the individuals involved. 

• Additional safety measures or increased monitoring of certain campus areas. 

For example, a student experiencing stalking or dating violence from another student may feel unsafe attending classes or participating in campus activities. Depending on the circumstances, supportive measures may help the student continue their education while addressing these concerns. 

The appropriate measures will depend on the individual situation. A student can talk with the school's Title IX Coordinator about what options are available and what might help them continue attending classes and participating in school. 

Students should also understand that making a report does not necessarily mean they have decided to pursue a formal complaint. Reporting a situation can be a way to learn about available resources, options, and supportive measures. 

Does Title IX Protect Students From Retaliation? 

Yes. Title IX prohibits retaliation. 

A school may not retaliate against someone for reporting sex discrimination, participating in a Title IX process, filing a complaint with the U.S. Department of Education's Office for Civil Rights, or participating in a related investigation or proceeding. 

Students should consider documenting incidents that occur after a report, particularly if they believe someone is being threatened, intimidated, punished, or otherwise treated differently because they came forward. 

What Should You Do If You Think Your Title IX Rights Were Violated? 

Every situation is different, but there are several practical steps students and families can consider. 

• Document what happened. Save relevant emails, text messages, screenshots, school communications, dates, names of witnesses, and other information that may help explain what occurred. 

• Find your school's Title IX Coordinator. Schools covered by Title IX are required to identify an employee responsible for coordinating Title IX compliance. The coordinator can explain the school's reporting procedures and available support. 

• Ask about supportive measures. A student does not necessarily have to pursue a formal Title IX complaint before discussing supportive measures with the Title IX Coordinator. 

• Review the school's Title IX policy. Schools should have information about their nondiscrimination policy and Title IX grievance procedures available to students and families. 

• Consider getting legal advice. Title IX procedures can become complicated, particularly when the situation also involves dating violence, domestic violence, stalking, sexual assault, an Order of Protection, law enforcement, or another legal proceeding. You have the right to have an attorney during Title IX investigations and hearings. An attorney can help you understand your rights, evaluate your options, and navigate the process. 

Help Is Available 

Sexual harassment, dating violence, domestic violence, stalking, or sexual assault can affect much more than a student's personal life. These experiences can affect whether someone feels safe attending class, participating in activities, completing assignments, working, or simply being on campus. 

Students and families should not have to navigate these concerns without understanding the protections and resources that may be available. 

If you have questions about your rights or are experiencing domestic violence, dating violence, stalking, or another safety-related legal issue, North Suburban Legal Aid Clinic may be able to provide free legal assistance. 

North Suburban Legal Aid Clinic (NSLAC) provides free domestic violence legal aid to eligible community members in Lake County and north suburban Cook County. If you or someone you know needs legal assistance, please email info@nslegalaid.org or call 847-737-4042 to schedule a consultation.