"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."

Discrimination on the basis of sex is prohibited by Title IX of the Education Amendments of 1972.  This includes sexual harassment, discrimination based on pregnancy, parental status, sex stereotypes (such as treating persons differently because they do not conform to sex-role expectations or because they are attracted to or are in relationships with persons of the same sex), and gender identity or transgender status.

Sexual Harassment

Sexual harassment (which includes sexual violence and assault) is a form of sex discrimination and is therefore a violation of Title IX.  Specific behaviors that are prohibited by Title IX include rape, sexual assault, sexual battery, sexual exploitation, and other forms of non-consensual sexual activity; stalking; and relationship violence that is gender-based.  Many behaviors that meet the definition of Title IX sexual harassment also constitute crimes.

Any of the following conduct on the basis of sex constitutes Title IX sexual harassment:

• A school employee conditioning an educational benefit or service upon a person’s participation in unwelcome sexual conduct (“quid pro quo” harassment);
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or
• Sexual assault, dating violence, domestic violence, or stalking (as those offenses are defined in the Clery Act, 20 U.S.C. § 1092(f), and the Violence Against Women Act, 34 U.S.C. § 12291(a)).

Pregnant and Parenting Students

Title IX also prohibits discrimination against pregnant and parenting students. Under Title IX, it is illegal for schools to exclude a pregnant student from participating in any part of an educational program. In addition, a school must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s doctor deems the absences medically necessary. When a student returns to school, she must be allowed to return to the same academic and extracurricular status as before her medical leave began. Any special services provided to students who have temporary medical conditions must also be provided to a pregnant student. A school may require a pregnant student or student who has given birth to submit medical certification for school participation only if the school also requires such certification from all students with physical or emotional conditions requiring the attention of a physician.

Sex Stereotypes, Gender Identity, Sexual Orientation or Transgender Status

Title IX's prohibition on discrimination on the basis of sex also includes: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity. In the landmark U.S. Supreme Court decision in Bostock v. Clayton County the Supreme Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex. For example, prohibiting a transgender person from dressing or presenting consistent with that person’s gender identity would constitute sex discrimination.

If You or Someone You Know Has Experienced Gender-Based Discrimination

Any member of the CIA community who is consulted about, observes, and/or witnesses behavior involving a potential Title IX violation has the responsibility to report it to the Title IX Coordinator.  This requirement excludes persons identified as Confidential Resources, such as mental health counselors and medical professionals.  In addition, to the extent possible, members of the CIA community should also encourage those directly involved to promptly make a report to a Title IX Coordinator:

Vivian R. Scott

Director, Title IX Compliance & Title IX Coordinator

Phone: 216.421.7476

Email: vrscott@cia.edu

You may also file a complaint with the Office of Civil Rights (OCR) using OCR’s electronic complaint form at the following website: http://www.ed.gov/about/offices/list/ocr/complaintintro.html.