Educational amendments of 1972 protect people from discrimination based on sex in education programs and activities which are recipients of federal financial assistance. In the event of discrimination, taking legal action can be made under Title IX in order to empower oneself or other students. We have compiled the following resource to assist in as to how one is able to take legal action with the guidance of legal experts and you may wish to contact this firm if you feel that you are a recipient, or know of someone that may have endured discrimination.
Who is eligible to file?
Anyone who believes that they have been subject to acts of discrimination on the basis of sex against any person or group in a program that receives financial assistance may file a complaint with the OCR under Title IX. The bar to overcome is that of a general “hostile sexual environment.” All complaints should be sent to the OCR enforcement office that serves the state in which the alleged conduct occurred.
When to file?
Complaints must be filed within 180 days of alleged discrimination unless there is an extension granted “for good cause” by the Enforcement Office Director. Prior to filing, other options that may be available include using the school’s institutional grievance processes to have the issue addressed and resolved. By law, a complaint does not have to use the institutional process prior to filing with the OCR. A timeline does change should a person use the institutional process for grievance, with an allowance of an additional 60 days of the last act of the institutional grievance process. Continue reading