Title IX is a civil rights law enacted in 1972 to protect students and teachers at educational institutions from sex-based discrimination or harassment. Still in effect today, the law puts schools or other institutions in charge of providing students and staff with an environment that fosters education. Although Title IX covers most activities and programs associated with each institution, there are some exceptions. Before learning about what’s not covered by Title IX, keep reading to learn more about what is covered and how to understand the legal distinctions.

What Does Title IX Not Cover?

What Does Title IX Cover?

Title IX prohibits sex-based discrimination at schools and other educational institutions that receive federal funding. It covers every aspect of any activity related to the educational institution including admissions, hiring, extracurricular activities, and more. Behaviors such as sexual harassment or gender-based discrimination are disallowed by the law for all students, teachers, staff, and others such as volunteers and chaperones. 

 The purpose of TItle IX is to provide all students and teachers with a positive environment free from harassment and discrimination. To do so, each school should have specific policies that apply to Title IX infractions overseen by a Title IX coordinator. This information should be easily available to every student and staff member with clear guidelines for reporting and consequences for violations. Institutions must take Title IX seriously when handling investigations into alleged misconduct or risk losing funding. 

What Does Title IX NOT Cover?

Although Title IX regulations apply to all institutions and their related programs, there are a few exceptions that exempt a program from Title IX. For example, Title IX does not cover elementary, secondary, and private undergraduate institutions in regards to same-sex admission policies; however, it does apply to public undergraduate institutions, vocational schools, graduate schools, and other professional institutions. That means that a boys-only elementary school or girls-only public college can continue its practices without violating Title IX in addition to undergraduate programs with a traditionally single-sex admission policy.

Other Title IX exemptions include:

  • Membership policies for fraternities and sororities, Boy Scouts and Girl Scouts, YMCA and YWCA, Camp Fire Girls, and other voluntary single-sex groups for children under 19. 
  • Mother-son/father-daughter activities as long as both are allowed.
  • Organization and operation of American Legion-ran programs like Boys State, Boys Nation, Girls State, and Girls Nation.
  • Educational operations run by religious organizations.
  • Pageant-based scholarships awarded in single-sex competitions.

An interesting note regarding TItle IX exceptions is that some government officials may have a duty to not discriminate based on sex when admitting to their programs. Such exceptions can make it difficult to navigate the legality of handling Title IX regulations and you should always consult with an attorney that provides school legal services for guidance. 

Contact a Title IX Attorney in Wisconsin

At Attolles Law, S.C., we help schools and other institutions covered by Title IX with remaining compliant with the law. Our law team has assisted schools across Wisconsin with creating Title IX procedures, crafting guidelines, and assisting with investigations. If you have questions about how to apply Title IX in your Wisconsin school, contact Attolles Law, S.C. to schedule a consultation with a skilled attorney.