The federal government establishes laws to provide guidelines for protecting individuals’ rights against discrimination. Any act of hazing, bullying, or sexual harassment stemming from discrimination is an abuse of children in California schools. Civil action against an individual or entity that discriminates or allows discrimination may be possible.
Protections for Students Under Title IX
The Title IX clause is part of the Education Amendment Act of 1972. Title IX protects students from being discriminated against based on sex. Under this clause, denying, excluding from, denying benefits to, or subjecting students to discrimination based on sex is prohibited. Discrimination because of the sex of a student cannot take place in the following areas when an educational entity receives financial assistance from the federal government:
- Academics
- Extracurricular activities
- Research
- Occupational training
- Other education programs or activities
Prohibited Conduct Under Title IX by Recipients of Federal Financial Assistance
The federal government describes conduct that public education institutions receiving federal assistance cannot participate in. Those actions include:
- Treating one student differently than another because of their sex when determining who should receive aid, benefits, or services
- Providing these services differently because of the sex of a student
- Denying aid, benefits, or services
- Apply different rules of behavior, sanctions, or other treatment based on a student’s sex
- Discriminate because of appearance
- Change the rules of eligibility and tuition fee costs based on the student’s sex
- Aiding individuals or organizations that discriminate against a student or employee based on sex
- Limiting a person’s right to enjoy the opportunities and privileges available to students based on their sex
Federal courts have also determined that Title IX prohibits sex-based harassment when the harassment is severe enough to prevent a student from benefitting or participating in educational programs or activities.
The Expansion of Protection for Students Under Title IX
The Title IX clause’s recent rulings protect students in certain states from discrimination due to sexual orientation, gender identity, and gender expression. The final rule strives to ensure no student attending federally funded educational institutions experiences sex discrimination.
The dropout rate for university students experiencing sexual victimization is 34.1%, according to the Rape, Abuse & Incest National Network (RAINN). The recent ruling provides on-campus support for students experiencing sex discrimination, encouraging the completion of their education by assisting with the following:
- Dorm changes
- Adjustments in GPA
- Extended homework schedules
- Mental health counseling
- No-contact orders
- Schedule adjustments
- Counseling on student loans
This support aims to keep students engaged and involved in the educational process in order.
Title IX Revisions Address Handling Complaints of Sex Discrimination
The updated ruling also expresses how schools must address discriminatory conduct in schools. The new rule requires the following:
- Defining and addressing any form of harassment because of a student’s sex
- Addressing off-campus sex discrimination when it creates a hostile campus environment
- Addressing student complaints who are no longer enrolled but were students at the time the discrimination occurred
- Provide the supportive measures to students described above
- Prompt and equitable investigations into complaints
- Communicating non-discrimination policies in a clear and compelling manner
Filing a Sex-Based Discrimination Complaint
Students are also protected against discrimination when filing a formal complaint. A California sexual abuse attorney can offer you guidance while striving to ensure your protection under the law. Speak with someone who will fight for your rights if you are experiencing sex discrimination as a student.