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Student Project: Title IX, Sexual Harassment and Sexual Assault: Primary Sources

This guide provides information on Title IX and Sexual Harassment

The Clery Act

   

Jeanne Clery 

     

Definitions

Common search terms used in this research guide:

- Title IX

-  Sexual Assault / Harassment 

- Education (Department of Education)

- University/ Institution 

- Dear Colleague 

- Compliance 

Legislative History

Title IX of the Education Amendments of 1972 is enacted by Congress and signed into law by Richard Nixon.  The first use of Title IX in charges of sexual harassment against an educational institution in Alexander v. Yale University. Then in 1980 U.S. Department of Education was established. Primary oversight of Title IX was transferred to the Office for Civil Rights (OCR) of the U.S. Department of Education. Shortly after in 1984 U.S. Supreme Court ruled in Grove City v. Bell that Title IX applies only to the specific programs within an institution that receive specifically targeted federal funding.  U.S. Supreme Court in 1992 then ruled unanimously in Franklin v. Gwinnett County Schools that plaintiffs who sue under Title IX may be awarded monetary damages for intentional discrimination. In 1996 in the case Doe v. Petaluma, ERA established the right of students to be free of peer sexual harassment under Title IX, including the obligation of school districts to provide training to prevent sexual harassment and to establish procedures for addressing harassment when it occurs. In 1998, U.S. Supreme Court ruled in Gebser v. Lago Vista Independent School District, that a student may sue a school district for damages for a teacher’s sexual harassment only if a school official with authority to institute corrective measures had actual notice of the teacher’s misconduct and if school acted with “deliberate indifference” to the harassment. In 2001, U.S. Department of Justice issued “Title IX Legal Manual” providing guidance to federal agencies regarding the variety of educational programs under Title IX. Then in 2011, The Department of Education issued a policy guidance that Title IX’s protections against sexual harassment and sexual violence apply to all students. 

                          

Important Title IX Supreme Court Cases

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Obama Era Cases and Case Commentary

Trump Era Cases

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Other Notable Title IX Cases

President Nixon and Title IX