by Julianne Watterson
If you’re a parent of a K-12 student, you might wonder how to keep your child informed when it comes to sexual harassment in schools. Title IX has vastly expanded since its origin. Understanding the law’s impact on K-12 education is essential for parents and students as its protections continue to evolve and face unprecedented national challenges. Find below the complete Title IX parent guide including current legislation, how to report sexual harassment, and tools to talk to your kids about staying safe this fall. What is Title IX?
Title IX is a federal law that prohibits sex-based discrimination in any K-12 school, college, or university that receives federal funding. The law applies to both public and private institutions and has been recognized as an essential framework in equal opportunities for all students, regardless of gender, since 1972.
While Title IX originally centered on creating opportunities for women in education, its scope has greatly expanded to address sexual harassment, sexual assault, gender-based discrimination, and bullying. Examples of these problematic behaviors could include unwanted sexual comments from classmates (either in-person or via social media) or unwelcome kissing, touching, penetration, or other concerning issues.
Perhaps the most critical aspect of Title IX is that it forces a legal obligation onto schools to prevent, address, and remedy instances of sex-based discrimination or harassment. Failure to do so can result in loss of federal funding, detrimental media exposure, and crippling legal ramifications.
Title IX’s Evolution to Today
Title IX has undergone ongoing changes in interpretation and enforcement under different presidents. The Obama administration expanded Title IX to explicitly include protections against sexual violence and discrimination based on gender identity. The Trump administration reduced some of these protections, particularly on how schools investigate and adjudicate sexual harassment claims and increased focus on rights of the accused.
The Biden administration’s 2024 regulations emphasize a balance between protecting victims of harassment and maintaining fair procedures for accused students. Perhaps most significantly, the rulings expand the definition of Title IX to include sexual orientation, gender identity, and sex stereotypes. These changes reflect a growing understanding of how gender discrimination manifests in schools and the need for explicit protections for LGBTQ+ students.
Sexual Orientation
Title IX now prohibits discrimination based on sexual orientation, meaning that LGBTQ+ students are protected from harassment or exclusion based on their attraction to the same sex or both sexes. Schools must address bullying or harassment targeting students for being gay, lesbian, bisexual, or questioning, in the same way they would address other forms of sexual harassment.
Gender Identity
One of the most debated issues in recent Title IX regulations involves protections for transgender students. In 2024, schools are required to respect students’ gender identities in all aspects of school life. This includes using the correct pronouns, allowing students to participate in sports or activities consistent with their gender identity, and providing access to gender-affirming facilities like restrooms and locker rooms.
Sex Stereotypes
Title IX also protects students from discrimination based on sex stereotypes, which refers to unfair treatment due to perceptions about how students of a certain gender should behave or present themselves. For example, a boy may be protected under Title IX if he is bullied for being “too feminine,” or a girl may be protected if she is harassed for not conforming to traditional gender roles.
However, current legal pushback presents a major caveat as at least 26 states blocked updated rulings, creating confusion among educators and Title IX professionals. Depending on the state where you live, 2020 regulations may still remain in effect. Parents’ and students’ best strategy for a safe school year, however, remains knowing how to recognize problematic behavior, report issues, and seek resources.
How to Report Sexual Harassment in Schools
One of Title IX’s most important aspects is that it creates an obligation for schools to provide clear and accessible reporting procedures for students who experience sexual harassment or discrimination. Here is the basic need-to-know information for parents and students:
Who Can Make a Report?
Students: Any student who believes they have been subjected to sex-based discrimination, harassment, or assault can report it to the school. They should tell their teacher, principal, guidance counselor, coach, or any school official with whom they trust and feel comfortable. Title IX law considers all school officials “required reporters,” or someone who must share the report with the school’s Title IX team.
Parents or Guardians: Parents can report harassment or discrimination on behalf of their child.
Third Parties: Teachers, staff, or even other students can report Title IX violations if they witness or know about incidents.
Who Should Receive Reports?
Each school district must have a Title IX Coordinator responsible for handling complaints. The contact information for this person should be readily available on the school’s website and in school handbooks and policies. Parents and students can report directly to the Coordinator, who is responsible for investigating and addressing complaints.
What Happens after a Report is Made?
Schools must act promptly to investigate after receiving a report, assuming the report includes a request to investigate. Depending on the nature of the complaint, an investigation can involve interviews with students, teachers, and witnesses, as well as the collection of evidence like texts, emails, or social media posts. Schools must take immediate action to stop the harassment, prevent its recurrence, and remedy its effects.
Supportive Measures for Victims of Sexual Harassment
While an investigation is underway, Title IX requires schools to offer supportive measures to ensure the safety and well-being of students. These measures are designed to protect the victim and maintain their access to education without punishing the accused before an investigation is completed.
Supportive measures can include:
- No-contact orders between the complainant and respondent.
- Schedule changes to minimize interaction between the involved parties.
- Counseling services or referrals to local mental health resources.
- Academic accommodations, such as extensions on assignments or changes in classroom assignments.
- Increased security measures or adjustments to campus safety plans.
These measures should be provided regardless of whether the victim files a formal complaint or requests an investigation. It is important to note that supportive measures should not negatively impact the respondent unless they have been found responsible for the behavior through a disciplinary process.
Limitations of Title IX
While Title IX provides critical protections, it is not without limits. Understanding these shortcomings is essential for parents to protect their students and help them effectively navigate their rights.
Complex Grievance Processes
Although the 2024 regulations aim to streamline the process, the grievance procedures for Title IX complaints are still complicated and time-consuming. Investigations may take weeks or months to complete, and the complaining party may likely experience stress or trauma in the meantime.
Limitations on Certain Remedies
In cases where a school’s Title IX procedures do not result in a favorable outcome for the complaining party, families may consider pursuing legal action. However, navigating the courts is complex, and not all families may have the resources or understanding of how to file a civil lawsuit. Emergency removal, suspension, or expulsion of students are also not typically guaranteed outcomes for any case.
Resources for Parents and Students
Title IX protections are crucial, but navigating the system can be complex. Speaking with your child about sexual harassment (SSAIS Resource on speaking with your child about sexual harassment) is a great place to start, so they can recognize problematic behaviors and seek support. Many other wide-scale resources also exist for Title IX, victims of sexual violence, and holding schools accountable.
Title IX Coordinators
Every school must have a designated Title IX Coordinator, and parents and students should reach out to this person for questions about their specific school’s policies, programs, and prevention efforts.
Office for Civil Rights (OCR)
The U.S. Department of Education’s Office for Civil Rights (OCR) oversees the enforcement of Title IX. If a school fails to adequately address a complaint, parents and students can file a complaint with the OCR.
Mental Health Support
Experiencing discrimination, harassment, or assault can have a profound impact on a student’s mental health. Schools often provide counseling services, but parents and students may also seek external support from licensed mental health professionals or organizations like the National Alliance on Mental Illness (NAMI). Victim advocacy organizations or hotlines can also provide outstanding education and support.
How SSAIS Can Help
Through empowering parents and students with information to ensure a safe, inclusive, and equitable environment, we can eliminate sexual harassment in schools. Stop Sexual Assault in Schools proactively addresses the epidemic of traumatic sexual harassment impacting our nation’s students. They provide students, K-12 schools, and organizations resources, so the right to an equal education is not compromised by sexual harassment, sexual assault, and gender discrimination.
Contact SSAIS for more information.
Julianne Waterson is a Human Rights Investigator at the Minnesota Department of Human Rights, a former Title IX Coordinator at Gustavus Adolphus College, and partner at Title IX Consult, LLC.