Trying to wrap my head around Title IX requirements. Is there a penalty (or fine) if a school is not in compliance with Title IX? What is an acceptable timeframe for becoming compliant?
Title IX Non Compliance
- Thread starter Lwlemasters
- Start date
Welcome to Discuss Fastpitch
Your FREE Account is waiting to the Best Softball Community on the Web.
It is my understanding that most schools (at least those in the P5) have a Title IX compliance officer who title IX complaints are supposed to filter through. I would imagine non-compliance issues would be handled on a case-by-case basis depending on the severity of the claim. I have also found that potential legal consequences usually lights a fire under the people in charge, but sometimes the administrations fight back (see LA-Layfayette).
- Jun 29, 2013
- 589
- 18
There are penalties, that the Dept. of Ed. and Justice Dept. can ask for. There are also some circumstances in which a private party can bring a suit to ask a Court to force a school to comply with Title IX. JAD is correct, usually the threat of a Title IX issue lights a fire under the school. Not always, but usually.
If the Department of Education (DOE) determines that there is a violation, the punishment for non-compliance with Title IX is losing all federal funding. For colleges, that is a huge amount of money. So, schools change the programs to bring them into compliance with Title IX. I've never heard of a school refuse to make changes. The school can appeal the finding by the DOE to the courts, but that is simply a delay.
A "time limit" on Title IX complaints is meaningless. Either the school is in compliance with Title IX at the time the complaint was filed or it is not. The DOE determines whether there is a violation *AT THE TIME THE COMPLAINT WAS FILED*.
The complaint is that the school does not *CURRENTLY* comply with Title IX because of inadequate facilities, inadequate pay, insufficient opportunities for girls, etc.
A "time limit" on Title IX complaints is meaningless. Either the school is in compliance with Title IX at the time the complaint was filed or it is not. The DOE determines whether there is a violation *AT THE TIME THE COMPLAINT WAS FILED*.
The complaint is that the school does not *CURRENTLY* comply with Title IX because of inadequate facilities, inadequate pay, insufficient opportunities for girls, etc.
Last edited:
- Nov 18, 2013
- 2,258
- 113
In 2009 I filed a Title IX complaint with the DOE in regards to softball facilities. In 2015 the OCR concluded its investigation and determined the district was compliant and closed the case. The final report didn’t mention the situation in 2009 or any steps taken to correct the issues. It read as if my complaint was completely baseless, but the girls got two new fields with full amenities anyway.
From other similar complaints I’ve followed the average resolution time is 2-6 years. If I remember correctly a school district has never lost funding for being out of compliance with Title IX. The OCR gives them ample time to fix the issues and eventually they do
From other similar complaints I’ve followed the average resolution time is 2-6 years. If I remember correctly a school district has never lost funding for being out of compliance with Title IX. The OCR gives them ample time to fix the issues and eventually they do
Once someone gets up the research and courage to file Title IX complaints on an athletic program, most schools will find a way to do corrective action REAL quick. They (especially the school district lawyers) do NOT want a full investigation. If you don't take corrective action quickly and fast and the Title IX inspectors are forced to turn up, they then review ALL the sports programs. So not just the originating sport, but everything. No school wants that.
As MNDad mentioned the report may have come back clean but the girls got their fields and amenities. That happens in most cases and we don't hear about a lot of these cases beyond the initial threat.
But yes - 2-6 years and anything in between if it goes the whole process. It does not normally go well for the schools in the end. The Title IX inspectors and enforcers REALLY want the institutions to fix the issues before they have to get involved.
Last edited:
Thank you for all the great insight.
Thanks JAD. Hopefully I can pick your brain on this and some other topics during a Duke game this year.
