Title IX

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. It is one of several federal and state anti-discrimination laws that define and ensure equality in education. The regulations implementing Title IX (34 C.F.R. § 160.1 et seq.) prohibit discrimination, exclusion, denial, limitation, or separation based on gender. Title IX also prohibits sexual discrimination, which includes sexual harassment, sexual assault and sexual violence. Additional information regarding what behaviors may constitute sexual harassment and other forms of sexual misconduct is available in the Saint Martin's University Employee Handbook.

Title IX states:

No person in the United States 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. 20 U.S.C. § 1681.

False: This may be one of the most widely held misconceptions about Title IX. Athletics are not the only component of academic life governed by Title IX. Although it is the application of Title IX to athletics that has gained the greatest public visibility, the law applies to every aspect of education, including:

• admissions and recruitment,

• comparable facilities for males and females,

• access to course offerings,

• counseling and counseling materials,

• financial assistance,

• student health and insurance benefits and/or services,

• housing,

• marital and parental status of students,

• physical education and athletics,

• education programs and activities, and

• employment.

True: Title IX creates parity in athletics, as well as other educational opportunities and experiences for men and women.

False: Title IX benefits everyone—girls and boys, women and men. The law requires educational institutions to maintain policies, practices, and programs that do not discriminate against anyone on the basis of gender (including policies that prohibit sexual harassment which is a form of discrimination on the basis of sex). Elimination of discrimination against women and girls has received more attention because females have historically faced greater gender restrictions and barriers in education. Continued efforts to achieve educational equity have benefited all students by moving toward the creation of educational environments in which all students can learn and achieve the highest standards.

True: The U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court is of the opinion that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.

Failure to comply with Title IX can include the termination of all or part of a university’s federal funding. This includes grants, subsidies, and other program funds from the federal government. In addition to the loss of federal funds, universities may be sued by those seeking redress for violations of Title IX. It is essential that institutions receiving federal financial assistances operate in a nondiscriminatory manner. To ensure the University’s compliance with the law, adherence to Title IX regulations is everyone’s responsibility.

The United States Department of Education’s Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information about OCR can be found at www.ed.gov/about/offices/list/ocr/index.html.

If you feel you have been discriminated against in any of Saint Martin's University sponsored programs, please contact the university's Title IX Coordinator:

Cynthia Johnson
Associate vice president of human resources/Title IX coordinator
5000 Abbey Way SE, Lacey WA 98503
360-486-8131
cjohnson@stmartin.edu

Saint Martin's University believes that all student-athletes should have the opportunity to participate in an athletic program free from discrimination, including sexual harassment and/or retaliation. Pursuant to Title IX of the Educational Amendments of 1972 no person may be excluded from participation in, denied the benefits of, or subjected to discrimination in programs on the basis of gender.

The University seeks to fully and effectively accommodate the interests of both sexes in University athletic programs, and to provide equity both among athletes and programs. Title IX requires equity for men and women with regard to participation and treatment in athletics programs. Equity refers to how men as compared to women are treated in the aggregate given the unique features of their sports. This may include factors such as the provision of equipment and supplies; scheduling of games and practice time; travel and per diem allowance; opportunity to receive coaching and academic tutoring; assignment and compensation of coaches and tutors; provision of locker rooms, practice and competitive facilities; provision of medical and training facilities and services; provision of housing and dining facilities and services; publicity and recruitment.

Men and women shall be treated equitably across multiple programs when considering the unique requirements of each, such as different equipment, medical attention, and numbers of coaches; however, it is not expected that such treatment will be identical.

Retaliation for filing a good faith concern or complaint under this policy, or cooperating with any investigation related to any concern or complaint, is strictly forbidden and is prohibited by the University’s Non-Retaliation Policy, regardless of whether the matter reported is substantiated. Individuals who believe they have been subjected to retaliation should report the conduct to the Title IX Coordinator.

Know Your Rights (April 4, 2011)

Sexual Violence, Background Summary, and Fast Facts (April 4, 2011)

Sexual Harassment: It's Not Academic (Pamphlet, revised 2008)

OCR "Dear Colleague Letter" (June 25, 2013)

OCR "Dear Colleague Letter" (April 4, 2011)

OCR "Dear Colleague Letter" (January 25, 2006)

• Title IX Coordinator and Administrator Level One Training and Certification Course
• 2020 ATIXA Civil Rights Investigator Level 3B Training and Certification Course: Practical Skills
• Title IX Hearing Officer and Decision-Maker Training and Certification Course
• Grand River Solutions Decision Maker Training 4/2023