What Exactly Is A Title IX Case?
Title IX is a section of the Education Amendments of 1972 that protects students from discrimination based on sex. Title IX violations especially involve educational institutions such as public or private schools that accept federal funding; some examples are equality in sports (that is equal access to sports for men and women) and sexual assault on campus.
What Is The Three-Prong Test Of A Title IX Lawsuit?
A Title IX lawsuit generally requires equal access to certain programs and equal treatment of those who have access to the programs. The regulations that implement Title IX require institutions to provide equal athletic opportunities for members of different sexes and to effectively accommodate students’ athletic interests and abilities. An institution is in compliance with a three-part test if they meet any one of the following prongs:
The first prong is that the number of male and female athletes has to be substantially proportionate to their respective enrollment levels. So, if 40% of the school is male, you would expect to see 40% of the athletes to be male. If the school is fifty-fifty, then you would see more of a fifty-fifty split in the athletics.
The second prong is that the institution has a history and a continuing practice of expanding participation opportunities in response to the developing interests and abilities of the underrepresented sex. Under this test, if one sex was underrepresented versus their proportion in the institution, then the school would need to continuously expand opportunities to get that number up.
The third prong is that the institution is fully and effectively accommodating the interests and abilities of the underrepresented sex. Let’s say there was some survey or research into the school that found the reason that one sex is underrepresented is because the students in that school don’t have the level of interest that you would otherwise expect. If the school determines that is the case and then shows that the underrepresented sex’s full interest in participation has been accommodated, then they may also be in compliance with the law.
Again, an institution only has to meet one of the three to show that it’s compliant in terms of providing access to inter-collegiate athletics.
What Exactly Occurs After A Victim Files A Title IX Complaint?
Generally speaking, a complaint would either be filed in court or through an administrative proceeding such as the Office of Civil Rights. The Office of Civil Rights enforces federal civil rights laws that prohibit discrimination in the programs or activities that receive federal financial assistance from the Department of Education. You can either hire a lawyer to file a complaint in court or to represent you in front of the Office of Civil Rights, or you can choose to go it alone, though we do recommend hiring a lawyer to begin that process for you.
For more information on Title IX Cases in California, a 30 minute case evaluation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.
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