Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681, prohibits discrimination based on sex in education programs or activities that receive Federal funding. The preamble 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.”
The Office for Civil Rights (OCR) is a sub-agency of the Department of Education and is in charge of enforcing Title IX. In the late 1990s, the Office of Civil Rights determined that “sexual harassment” and “sexual assault” are forms of sex discrimination prohibited by Title IX. OCR periodically issues guidance to public and private colleges and universities nationwide to assist them in meeting their obligations under Title IX.