Title IX is a federal law that was passed in 1972 to ensure that all students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). The preamble to Title IX of the Education Amendments of 1972 states that: “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.”
As of August 14, 2020, the Title IX New Rule is in effect. The Final Rule requires K-12 schools to respond whenever any employee has notice of sexual harassment, including allegations of sexual harassment. The Final Rule includes three types of sexual harassment: quid pro quo (“this for that”), any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access, and any instance of sexual assault, dating violence, or stalking that occurs on campus or during school activities.