Title IX of the Education Amendments of 1972

The United States Department of Agriculture (USDA) is dedicated to promoting a safe and inclusive learning environment free from discrimination, including discrimination on the basis of sex or gender. Title IX of the Education Amendments of 1972 (Title IX) is a federal law that prohibits discrimination on the basis of sex in educational programs or activities that receive federal funding. This law applies to all aspects of education, including athletics, admissions, housing, and access to facilities.

The Office of the Assistant Secretary for Civil Rights (OASCR) is commitment to ensuring educational programs and activities receiving federal financial assistance from USDA, its Mission Areas, or agencies, do not tolerate or perpetuate such unlawful practices. OASCR is fully dedicated to providing comprehensive resources and reporting mechanisms. OASCR will work closely with educational institutions to develop and implement effective strategies to prevent, detect, and respond to any form of gender-based discrimination, harassment to promote a safe and inclusive learning environment for all students.

OASCR has the responsibility to ensure academic programs receiving USDA funding comply with Title IX and take proactive measures to prevent and address sexual harassment and gender-based assault.

The USDA will ensure its agency employees and funding recipients, such as state land-grant university partners conducting research and extension programs, comply with Federal and agency civil rights laws, rules, and regulations, which prohibit discrimination in federally assisted programs and employment practices.

USDA prohibits discrimination against its customers. If you believe you experienced discrimination when obtaining services from USDA, participating in a USDA program, or a program that receives financial assistance from USDA, you may file a complaint with USDA. OASCR will investigate and resolve complaints of discrimination in programs or activities that receive federal financial assistance.

Please see USDA DR 4330-002: Nondiscrimination in Programs and Activities Receiving Federal Financial Assistance from USDA, the Title IX Fact Sheet, and Title IX Best Practices from NIFA Land Grant Universities.

Title IX Overview

Title IX of the Education Amendments of 1972 (Title IX) prohibits sex (including pregnancy, sexual orientation, and gender identity) discrimination in any education program or activity receiving federal financial assistance.

What conduct is prohibited by Title IX?

45 CFR § 86.31 - Education programs or activities.

(a) General. Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance.

(b) Specific prohibitions. Except as provided in this subpart, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex:

(1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;

(2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;

(3) Deny any person any such aid, benefit, or service;

(4) Subject any person to separate or different rules of behavior, sanctions, or other treatment;

(5) Discriminate against any person in the application of any rules of appearance;

(6) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition;

(7) Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students or employees;

(8) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.

To view more information, you may visit the full text of Title IX regulations.

What are some examples of sex discrimination?

Under Title IX, sex discrimination can take many forms, such as:

Denying admission of a person into an educational or training program on the basis of sex;
Disqualifying a person for a research position on the basis of sex when it is irrelevant to ability to perform the job;
Providing unequal educational resources to students of one sex compared to another;
Engaging in gender –based or sexual harassment such as making unwelcome sexual comments, advances, and/or name-calling on the basis of sex.

Federal courts and agencies have found that Title IX prohibits sex-based harassment, including sexual harassment, when such harassment is sufficiently serious as to limit the ability to participate in and benefit from a program or activity.

Some examples of sexual harassment by entities receiving HHS funds include but are not limited to:

Unwelcome and inappropriate advances to students and employees of a research lab funded by HHS made by professors, employees, researchers, teachers, and/or students;
Sexual assault of a student or employee by a doctor or other medical staff in a student sports medicine program or other clinical setting that receives HHS funding.

What is Title IX

Title IX is a landmark federal law that was passed in 1972 to promote gender equality in all aspects of education. The law aims to prohibit sex discrimination in any educational program or activity that receives federal financial assistance. This includes all educational institutions, such as K-12 schools, colleges, universities, and any other programs (e.g., 4-H) to widely disseminate information on Title IX protections on the basis of sex, as well as the name, address, and telephone number (or other contact information) of the designated Title IX Coordinator.

Title IX ensures that every person, regardless of their gender, has the right to a safe and inclusive learning environment, free from discrimination. The law protects against discrimination in all areas of education, including admission, enrollment, academic programs, financial aid, athletics, and student services. It also prohibits sexual harassment and assault, including gender-based harassment.

Title IX also prohibits discrimination on the basis of sex in any federally funded education program or activity. Specifically, the law provides that no person 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.”

Title IX is a crucial tool for ensuring gender equality in education, as it promotes fairness, safety, and equal opportunities for all students. By enforcing Title IX, educational institutions can create a more inclusive and supportive learning environment that empowers all students to reach their full potential.

Who is Protected Under Title IX

Title IX protects any person, regardless of their gender, from discrimination based on sex. This includes protection against discrimination in all aspects of education, including admission, enrollment, academic programs, financial aid, athletics, and student services. Title IX also protects against sexual harassment and assault, including gender-based harassment, and intimate partner violence.

Specifically, Title IX protects the following individuals:

Students - Title IX protects students in all levels of education, from K-12 through college and graduate school.

Faculty and Staff - Title IX protects faculty and staff members at educational institutions, including professors, coaches, and other employees.

Applicants - Title IX protects individuals who are applying to educational institutions, including admissions processes and financial aid.

Athletes - Title IX requires educational institutions to provide equal opportunities for male and female athletes.

Transgender and Gender Nonconforming Individuals - Title IX protects transgender and gender nonconforming individuals from discrimination based on their sex.

Pregnant and Parenting Students - Title IX protects pregnant and parenting students from discrimination based on their sex.

Individuals with Disabilities - Title IX protects individuals with disabilities from discrimination based on their sex, including in educational programs and services.

In summary, Title IX provides comprehensive protections against sex discrimination, including sexual harassment and assault, for all individuals in educational institutions that receive federal financial assistance.

Programs Covered under Title IX

Educational institutions that receive federal financial assistance must provide equal opportunities to male and female students in all aspects of education, including academics, athletics, and employment. Title IX prohibits sex discrimination in any educational program or activity, from elementary schools to postsecondary institutions in the following programs:

Athletics programs: Title IX requires that educational institutions provide equal opportunities for male and female students to participate in sports. This includes equal access to facilities, equipment, and coaching. Educational institutions must ensure that all athletes have an equal opportunity to participate and receive the same level of benefits and opportunities.

Employment: Title IX prohibits sex discrimination in employment by educational institutions that receive federal financial assistance. This includes discrimination in hiring, promotion, and pay. Educational institutions must ensure that employees are not discriminated against on the basis of sex, including pregnancy and sexual harassment.

Sexual harassment and sexual assault: Title IX require educational institutions to address and prevent sexual harassment, including sexual assault, on campus. Educational institutions must have policies and procedures in place to investigate and address incidents of sexual harassment and violence and to provide support to survivors.

Pregnant and parenting students: Title IX prohibits discrimination against pregnant and parenting students in educational programs and activities. Educational institutions must ensure that pregnant and parenting students have equal access to educational opportunities and are not subject to discrimination on the basis of their status as parents.

Admissions: Title IX prohibits sex discrimination in admissions to educational programs and activities. Educational institutions must ensure that male and female applicants are not subject to discrimination on the basis of their sex.

Examples of Discrimination

Sex Discrimination

Sex discrimination involves treating someone (anyone participating in an educational program, service, or activity, e.g., an applicant, employee, participant, or student) less favorably because of that person's sex. This includes discrimination on the basis of sex stereotypes and sex-related characteristics, including sexual orientation, gender identity, and pregnancy and related conditions.

Harassment

Sex-based harassment is a form of sex discrimination. Sex-based harassment can be sexual in nature, such as unwelcome sexual advances or pressure, sexual assault, requests for sexual favors, verbal harassment such as jokes of a sexual nature or discussion of sexual topics and sharing explicit digital media. Sex-based harassment also includes harassment of an individual because of sex-related characteristics, such as that person’s sexual orientation, gender identity, or nonconformance with gender stereotypes.

Retaliation

In addition to harassment, it is illegal discrimination to threaten, coerce, intimidate, or interfere with anyone who are exercising their rights under Title IX or who is assisting others in doing so.

Retaliation against an individual who has filed a complaint or assisted in an investigation is also illegal. This means that if someone reports an incident of sexual harassment or discrimination, they are protected from retaliation by the institution, or the individuals involved. It is important for students to understand these rights and protections so that they can speak up if they experience or witness any form of discrimination or harassment and feel safe doing so.

Know Your Rights

The Office of the Assistant Secretary for Civil Rights is committed to ensuring students and employees in educational settings are treated equally and fairly.

The Title IX Coordinator at your school or university is responsible for overseeing the school's compliance with Title IX and investigating complaints of sex discrimination. The Title IX Coordinator can provide information about the school's policies and procedures for handling Title IX complaints and can assist you in filing a complaint.

The Office of the Assistant Secretary for Civil Rights (OASCR) or your educational Title IX Coordinator will investigate your complaint promptly and fairly. The investigation will typically include interviewing witnesses and gathering evidence. Once the investigation is complete, OASCR or your Title IX Coordinator will issue a decision and, if necessary, work with the school or university to develop a plan to remedy the situation and prevent future violations of Title IX. It is important to note that retaliation for filing a Title IX complaint is prohibited under federal law. If you experience retaliation for filing a complaint, you should report it immediately to OASCR by sending an email to program.intake@usda.gov.

When to File a Complaint

Under Title IX regulations, the general timeline for filing a complaint is 180 days from the alleged discriminatory conduct. However, this timeline may be extended under certain circumstances. For example, if the complainant was prevented from filing the complaint within the 180-day timeframe due to circumstances beyond their control, such as medical issues or other extenuating circumstances, the agency or institution may extend the timeframe for filing the complaint.

In some cases, the timeline may also be extended if the complainant was unaware of the discriminatory conduct or if new evidence arises that was not previously available. It's important to note that the specific circumstances and policies governing the filing of complaints may vary depending on the institution or agency involved, so it is important to consult their policies or information on their complaint procedures and timelines.

How do I request a waiver of the 180-day filing deadline?

A waiver may be granted for the following reasons: (1) the discriminatory act could not reasonably be expected to be known within the 180-day period; (2) illness or incapacitation; (3) the same complaint was filed with another Federal, state, or local agency; and (4) any other basis determined by the Center for Civil Rights Enforcement.

How to File a Complaint

To file a program discrimination complaint, you may obtain a complaint form by sending an email to program.intake@usda.gov. You or your authorized representative must sign the complaint form. You are not required to use the complaint form. You may write a letter instead. If you write a letter, it must contain all the information requested in the form and be signed by you or your authorized representative. Incomplete information may delay the processing of your complaint.

Title IX applies to any recipient of federal funds. Any applicant to, participant in, or employee of, a program receiving federal financial assistance has the right to file a Title IX complaint through OASCR if they feel that they have been discriminated against or harassed based on their sex.

Send your completed complaint form or letter to us by mail, fax, or email.

USDA Program Discrimination Complaint Form (English) (PDF, 293 KB)
USDA Program Discrimination Complaint Form (Spanish) (PDF, 328 KB)

You may write a letter containing all the information requested in the complaint form, along with your signature or the signature of your authorized representative and send this letter via email to:

Send your completed complaint form or letter to us via email, mail, or fax at program.intake@usda.gov or you may also send by postal mail to:

U.S. Department of Agriculture
Director, Center for Civil Rights Enforcement
1400 Independence Avenue, SW
Washington, DC 20250-9410
Email: program.intake@usda.gov
or Fax: (833) 256-1665 or (202) 690-7442

You may also visit our website at: www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint

You may also contact your school or college Title IX Coordinator.

Program Complaints Process

Filing a USDA program discrimination complaint does not waive or toll requirements for filing a lawsuit. Complainants are advised that they may wish to consult a lawyer at their earliest convenience to ensure that their rights are protected and preserved.

Intake Stage

The first stage of the program discrimination complaint process is the intake stage. At this stage, the Center for Civil Rights Enforcement (CCRE) determines whether your complaint meets the legal requirements to be accepted for processing. Prior to making this determination, CCRE may request clarification or additional information about the complaint from you. For more information about what must be included in your complaint, read How To File A Program Discrimination Complaint.

If your complaint is accepted for processing, CCRE will send you a letter notifying you of the acceptance and inform you of the basis and issues that will be investigated.

If your complaint is not accepted for processing, CCRE will send you a letter notifying you why your complaint was not accepted, and your complaint will be closed. If appropriate, your closed complaint may be referred to an USDA agency that may assist in resolving your issues.

Investigation Stage

After complaint is accepted, an investigator will be assigned. The investigator will contact you, any agency employees involved, and any other appropriate individual, to obtain sworn statements and documents relating to the issues in the complaint. After the complaint is investigated, a Report of Investigation (ROI) is prepared and the complaint is sent to the next stage, adjudication.

Adjudication Stage

During the adjudication stage, the Center for Civil Rights Enforcement will review the Report of Investigation and perform a legal and factual analysis of the complaint to determine whether discrimination occurred. Based on this analysis, the Office of Adjudication will issue a Final Agency Decision. The Final Agency Decision will contain an analysis of the claims in the complaint and the Center for Civil Rights Enforcement conclusions and findings, including whether discrimination was found.

If discrimination is found, the Office of Adjudication may attempt to settle the complaint or take other corrective action, as appropriate. If no discrimination is found, the complaint is closed. A copy of the Final Agency Decision will be mailed to the complainant after it is signed by the Director of the Center for Civil Rights Enforcement.

If your complaint alleges discrimination based on disability, you may appeal the Final Agency Decision to the Assistant Secretary for Civil Rights within 90 days of receipt of the Final Agency Decision. This opportunity for appeal applies only to complaints alleging discrimination based on disability.

How the Agency will Respond

If you have filed a Title IX complaint with OASCR, you should be informed of what to expect during the investigation process. Here are some general steps that may take to keep you informed:

Acknowledgment of the complaint: The agency should confirm receipt of your complaint and let you know that they have received it.

Notification of the investigation: The agency should inform you that they will be investigating your complaint and provide you with information about the process.

Contact information: The agency should provide you with contact information for the person who will be handling your complaint. This person may be a Title IX Coordinator, an investigator, or some other point of contact.

Timelines: The agency should let you know about the expected timeline for the investigation, and when you can expect updates on the progress of the investigation.

Notice of the outcome: Once the investigation is complete, the agency should notify you of the outcome and any next steps that may be taken.

Appeal rights: If you are not satisfied with the outcome of the investigation, the agency should provide you with information about your right to appeal.

Overall, it is important for the agency to keep you informed throughout the process and to ensure that your rights are protected. If you have any questions or concerns about the investigation process, don't hesitate to reach out to the school or college Title IX Coordinator or The Office of the Assistant Secretary for Civil Rights.

Contact Us

Whom may I contact for further information on filing a discrimination complaint?

You may contact the Office of Assistant Secretary for Civil Rights, Information Research Service at (866) 632-9992 (toll free) or (202) 260-1026 or send an email to the Office of the Assistant Secretary for Civil Rights at program.intake@usda.gov.

For inquiries related to discrimination complaints, email: program.intake@usda.gov.

For other inquiries, email: askusda@usda.gov.

Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 690-0443 (voice and TDD) or contact us through the Telecommunications Relay Service at 711 or (800) 845-6136 (Spanish).

USDA Program Discrimination Complaint Form (English) (PDF, 293 KB)
USDA Program Discrimination Complaint Form (Spanish) (PDF, 328 KB)

Additional Resources

Best Practices

Title IX best practices from NIFA Land Grant Universities. Check back periodically for additional best practices.

University of Massachusetts - To ensure transparency of the Title IX program, University of Massachusetts (UMass) dedicates a website to Title IX resources for students, faculty, and members of the public. Examples include Title IX reporting, Title IX policies, and Title IX resources. Moreover, the website contains easily accessible contact information for individuals who may need immediate help or need to report an incident.

A hotline is also available for those who may want to discuss a confidential matter. The website can be found at www.umass.edu/titleix/. In addition to offering a plethora of Title IX resources, UMass also utilizes various proactive measures, such as the Your Intervention Strategies online sexual assault prevention training, created by UMass. These actions exhibit how transparency in Title IX services and resources can really benefit faculty, students, and members of the public. UMass’ efforts to promote Title IX awareness and providing access to Title IX resources demonstrates their commitment to non-discrimination based on sex in their programs and activities.

Laredo College - Laredo College (Laredo) is a Hispanic Serving Institution which has taken Title IX to a whole new level. Laredo has adopted an online platform known as STOP!t for anonymously reporting sexual misconduct, and other harmful and/or inappropriate behavior. This helps to increase timely reporting of, and an appropriate response to, such incidents. STOP!t is an integral part of the college’s effort to encourage the reporting of incidents of sexual misconduct, and other inappropriate behavior. This assists Laredo in its goal of timely addressing incidents of sexual harassment and assault, hazing, and other threats, in accordance with Title IX and Clery Act requirements. STOP!t can be accessed directly on the college website or through other platforms to include Android or Apple phones. Students can download STOP!t for free from iTunes or Google Play.

The application allows students to anonymously report incidents to the Title IX Coordinator. The STOP!t application allows users to send text, photos, and/or video. Also, the application allows users to communicate with Laredo staff via direct message. With this technology in place, Laredo does more than prohibit sexual harassment – it sends the message to students that sexual harassment will not be tolerated. With Laredo’s proactive approach to addressing sexual misconduct and encouraging students to say something if they see something, NIFA is confident Laredo can set the example for universities across the nation.

Pennsylvania State University - Pennsylvania State University (Penn State) supports Stand for State, which is a bystander intervention program focusing on sexual and relationship violence, mental health concerns, acts of bias, and risky drinking and drug use. Bystander intervention programs create a community of people who step in, speak up, and interrupt potential acts of violence. The program helps spread Title IX program awareness.

Moreover, the Affirmative Action Office and Office of Sexual Misconduct Prevention & Response, acting collaboratively with the University's Title IX Coordinator, provides various types of programs and services related to Title IX. These include educating students about their rights and Penn State policies and procedures in addressing incidents of sexual misconduct; facilitating accommodations for pregnant and/or parenting students; and offering resources, information, and options to individuals affected by sexual and gender-based misconduct These offices also offers training for faculty and staff, including critical student workers such as those in Residence Life, regarding these topics, as well as related topics such as the role of employees as mandatory reporters and preventing sexual harassment in the workplace.

To ensure that Limited English Proficiency (LEP) populations have access to Title IX information, Penn State provides resources in several languages as part of the University's It’s On Us PA campaign. Included in the resources are several videos intended to increase awareness of options and resources for those affected by incidents of sexual misconduct and sexual violence. The videos, found at titleix.psu.edu/translations, are available to all University community members and can be used by faculty and staff in conjunction with the learning activities in classes or other group settings. Having information available in different languages to those who have a limited ability to speak, read, or understand English demonstrates a commitment to serve LEP communities. With such resources in place, Pennsylvania State University extends its Title IX resources to all, regardless of their race, color, or national origin.

Oklahoma State University - As Title IX and sexual harassment continue to be a focal point in academia, Oklahoma State University (Oklahoma State) has taken a proactive approach to ensuring that faculty, staff, and students receive the appropriate training to comply with Title IX requirements, while also educating students and faculty on different Title IX principles. As such, Oklahoma State offers mandatory annual Title IX training for students, student employees, and university employees. In addition to annual training, Oklahoma State offers monthly campus events to educate students and faculty of Title IX implications. Events include Dinner and Learns, one-hour presentations which aim to educate students about consent and related Title IX topics over dinner. Oklahoma State also hosts Lunch and Learns, one-hour presentations to staff/faculty about sexual violence and related topics. Oklahoma State also hosts Don’t Do Muffin, Say Somethin, in which it provides students a muffin and information about consent, intervention, and sexual violence reporting options on campus.

As Oklahoma State continues to spread Title IX awareness on campus, students and faculty become more aware of the consequences of Title IX violations. As a result, people are more likely to say something if they see something. Oklahoma State’s approach helps ensure the University community is educated about its rights, resources, and responsibilities under Oklahoma State’s Title IX policy and Title IX law. As a best practice, offering training and routine outreach, like Title IX campaigns, brings mindfulness to Title IX and educates students and faculty of its implications.

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Title IX of the Education Amendments of 1972

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