Title IX is a law that was passed in 1972 that prohibits discrimination based on sex or gender at any federally funded education program or activity. Up until this time, women especially faced discrimination at many colleges and universities, including sexual harassment and other forms of sexual misconduct. Now, these institutions risk losing their federal funding if they fail to comply with Title IX requirements.
In some cases, this type of discrimination must be reported. Failure to do so could result in a loss of federal funding.
Keep reading below to learn who is required to report these incidents and how they should be reported.
What Types of Incidents Must Be Reported Under Title IX?
According to the law, any occurrence of sex-based or gender-based discrimination must be reported. If you are in doubt about whether the situation needs to be reported, it is best to err on the side of caution and report it.
Some specific examples of behavior that should be reported include:
- Stalking
- Relationship violence
- Sexual exploitation
- Sexual assault
- Trafficking or prostituting another person
- Indecent exposure
- Retaliation
- Quid pro quo harassment
- Unfair hiring
- Pay inequity
While these specific incidents need to be reported, this list is not exhaustive. There may be other types of behavior or conduct that should also be reported if they qualify as sex-based or gender-based discrimination.
Who Must Report Title IX Violations?
The specific individuals who must report these violations can vary slightly from one university to the next. This is because recent updates to the Title IX regulations allow post-secondary institutions to specify who will be mandated reporters.
Some common individuals who are mandated reporters include:
- Faculty
- Staff
- Law enforcement
- Coaches
- Athletic directors
- Deans
- Chancellors
Some universities, such as Arizona State University, have designated all employees as mandated reporters. This includes student-employees, and any of these individuals are required to report incidents of sexual abuse or discrimination.
How Should Title IX Incidents Be Reported?
Each institution should have a designated process for these mandated reporters to report incidents. You can check with your institution to identify its Title IX coordinator. Any incident may be reported to the coordinator by phone, email, mail, or in person.
Additionally, incidents may be reported via a discrimination complaint form to the Office of Civil Rights in the U.S. Department of Education. You should also keep in mind that a Title IX investigation does not mean that criminal charges have been filed. However, many of these incidents may also carry criminal penalties and should be reported to the local police.
What Happens After an Incident Is Reported?
After a Title IX incident has been reported, the institution’s Title IX Coordinator will conduct an initial investigation of the incident. The coordinator may offer supportive measures, such as a housing change, counseling, or health services.
If a formal complaint is filed, a more detailed investigation will follow. This can involve interviewing the victim, the accused, and any relevant witnesses.
Mediation and other informal methods can be used to resolve the complaint, or it might go to a formal hearing. Once resolved, the accused can face severe penalties, including reprimands or even expulsion if they are found to have violated Title IX provisions.
Penalties for Failure to Report Title IX Violations
Universities and other institutions can face serious penalties if they fail to adhere to Title IX mandatory reporting requirements. First, they may lose all federal funding. This can also include money that was to be used for student loans, which could seriously impact the university’s finances.
Additionally, the university could be forced to pay damages to the victim. If the institution knew about misconduct but failed to report it, the victim may be entitled to recover financial compensation and attorney’s fees.
Lastly, the institution’s reputation may be seriously harmed, and that harm can last for years. Title IX reporting requirements are in place to help protect potential victims, and mandated reporters should always follow the rules and report any potential violations.
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For more information, contact the sex crimes attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
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