What Is Title IX?
Title IX of the Education Amendments of 1972 is a federal civil rights law that 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.”
Title IX applies to all public and private schools, school districts, colleges, and universities that receive federal funding. In practice, this includes virtually every public school in Connecticut.
While many people associate Title IX with athletics, its protections are much broader. Title IX covers all aspects of education, including admissions, course offerings, financial aid, counseling, discipline, and the school environment. When a school fails to address sex discrimination or sexual harassment, it violates federal law and can be held accountable.
What Does Title IX Protect Students From?
Title IX prohibits all forms of sex-based discrimination in education. This includes:
| Category | What It Covers |
|---|---|
| Sexual harassment | Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe or pervasive to deny or limit a student’s ability to participate in the school’s program |
| Sexual assault and violence | Any sexual act directed against another person without consent, including rape, fondling, incest, and statutory rape |
| Dating violence and stalking | Violence or threats committed by a person who is or has been in a dating relationship with the victim, and repeated conduct directed at a specific person that would cause a reasonable person to feel fear |
| Sex-based hostile environment | Conduct based on sex that is severe, pervasive, or persistent enough to create a hostile educational environment that interferes with the student’s ability to participate in school |
| Pregnancy discrimination | Discrimination against students because of pregnancy, childbirth, miscarriage, abortion, or related conditions. Schools must allow pregnant students to continue participating in classes and extracurricular activities |
| Gender identity discrimination | Under the 2024 federal regulations and Connecticut state law (C.G.S. 10-15c), discrimination based on gender identity and expression is prohibited |
| Athletic inequity | Unequal access to athletic programs, facilities, equipment, coaching, scheduling, or funding based on sex |
| Retaliation | Any adverse action against a student for reporting sex discrimination, filing a complaint, or participating in an investigation or hearing |
What Must Schools Do Under Title IX?
Every school that receives federal funding has specific obligations under Title IX:
- Designate a Title IX Coordinator. Every school must have at least one employee designated to coordinate Title IX compliance. Students, parents, and employees must be told how to contact the Title IX Coordinator.
- Publish a nondiscrimination policy. The school must have and distribute a policy prohibiting sex discrimination.
- Adopt grievance procedures. The school must have published procedures for resolving complaints of sex discrimination, including sexual harassment and sexual violence.
- Respond to reports. When a school knows or reasonably should know about sexual harassment, it must take immediate and effective steps to stop the harassment, prevent it from recurring, and remedy its effects on the victim and the school community.
- Investigate complaints. Under the 2024 federal regulations, the school must respond to any oral or written request that can objectively be understood as a request to investigate. The school cannot ignore reports or discourage students from filing complaints.
- Provide supportive measures. The school must offer appropriate supportive measures to both parties, such as counseling, schedule changes, no-contact orders, and academic accommodations.
If a school fails to meet these obligations, it is violating Title IX and you have legal options to hold them accountable.
How Do You File a Title IX Complaint?
You have multiple options for filing a Title IX complaint. You do not have to use the school’s internal process before filing externally.
| Option | Where to File | Deadline | What Happens |
|---|---|---|---|
| School’s internal grievance process | Contact the school’s Title IX Coordinator | No federal deadline (file promptly) | The school investigates under its own grievance procedures and issues a determination. Both parties have the right to appeal the outcome. |
| Office for Civil Rights (OCR) | U.S. Department of Education OCR | 180 days from the discriminatory act | OCR investigates whether the school violated Title IX. OCR can require corrective action, policy changes, and monitoring. OCR complaints are free to file. |
| Connecticut CHRO | Connecticut Commission on Human Rights and Opportunities | 180 days (or 300 days if also covered by federal law) | CHRO investigates under Connecticut state anti-discrimination law, which includes protections based on sex, gender identity, and sexual orientation. |
| Federal lawsuit | U.S. District Court for the District of Connecticut | Varies (consult an attorney) | You can file a private lawsuit against the school for Title IX violations. If the school was deliberately indifferent to known harassment, you may be entitled to monetary damages. |
What Happens During a Title IX Investigation?
When a Title IX complaint is filed through the school’s grievance process, the investigation typically follows these steps:
- Written notice. Both the complainant (the person who experienced the harassment) and the respondent (the person accused) receive written notice of the allegations, including the identities of the parties, the conduct alleged, and the date and location of the incident.
- Supportive measures. The school offers supportive measures to both parties, such as schedule changes, no-contact orders, counseling, and academic accommodations.
- Investigation. A trained investigator gathers evidence, interviews witnesses, and reviews documents. Both parties have the opportunity to present evidence and identify witnesses.
- Evidence review. Both parties have the right to review all evidence gathered during the investigation before a determination is made.
- Determination. A decision-maker (who cannot be the investigator or the Title IX Coordinator) makes a determination of responsibility based on the evidence. The standard of proof is typically preponderance of the evidence (more likely than not).
- Appeal. Both parties have the right to appeal the determination on specified grounds, such as procedural irregularity, new evidence, or bias.
Throughout the process, the respondent is presumed not responsible until a determination is made. The school cannot impose discipline on the respondent without completing the grievance process.
What Are the Rights of a Student Accused of Sexual Harassment?
If your child has been accused of sexual harassment or misconduct, they have important rights under Title IX:
- Written notice of the allegations with enough detail to prepare a response
- Presumption of not responsible until a determination is made through the grievance process
- Equal opportunity to present evidence and identify witnesses
- Right to review all evidence gathered during the investigation
- Right to an advisor, who may be an attorney, at any meeting or hearing
- Protection from retaliation for participating in the grievance process
- Right to appeal the determination
- No discipline without completing the grievance process
Title IX investigations and hearings can have serious consequences for the accused student, including suspension, expulsion, and a permanent mark on their academic record. If your child is facing a Title IX complaint, legal representation is critical from the very beginning of the process.
What Additional Protections Does Connecticut Law Provide?
In addition to federal Title IX, Connecticut state law provides its own protections against sex discrimination in schools:
- C.G.S. 10-15c prohibits discrimination in public schools based on sex, gender identity and expression, and sexual orientation. Connecticut’s protections in some areas go beyond federal Title IX.
- C.G.S. 10-153 prohibits discrimination against teachers and school employees on the basis of sex, gender identity or expression, or marital status.
- Connecticut Safe School Climate Act requires schools to have policies addressing bullying, harassment, and school climate, including conduct based on sex, gender identity, and sexual orientation.
- Public Act 23-66 requires the development of a Title IX compliance toolkit for use by school districts, students, and parents, to be implemented starting in the 2025-2026 school year.
Connecticut students can file complaints under both federal and state law, giving them multiple paths to hold schools accountable for sex discrimination and harassment.
How Does Title IX Interact with School Discipline?
Title IX and school discipline often intersect, particularly when a student accused of sexual harassment also faces disciplinary action such as suspension or expulsion.
Key points to understand:
- The school cannot impose discipline on a respondent for sexual harassment without first completing the Title IX grievance process.
- If a student with a disability is accused, the school must also consider IEP and 504 plan protections, including a manifestation determination if the discipline constitutes a change of placement.
- Emergency removals are permitted only if the school determines there is an immediate threat to the physical health or safety of any student or other individual. The school must provide notice and an opportunity to challenge the removal.
- Both the complainant and the respondent have due process rights throughout the proceeding.
What Are Common Title IX Violations by Schools?
Schools violate Title IX more often than most parents realize. Common violations include:
- Ignoring or discouraging reports. The school fails to take reports of harassment seriously, discourages students from filing formal complaints, or tells students to “work it out” themselves.
- Delayed or inadequate investigation. The school takes too long to investigate, conducts a superficial investigation, or fails to interview key witnesses.
- No Title IX Coordinator. The school has not designated a Title IX Coordinator, or students and parents do not know how to contact them.
- No published grievance procedures. The school does not have or does not follow its own Title IX grievance procedures.
- Failing to provide supportive measures. The school does not offer accommodations like schedule changes, no-contact orders, or counseling to the affected student.
- Retaliation. A student who reports harassment faces negative consequences from the school, such as reduced grades, loss of privileges, or social isolation facilitated by school staff.
- Unequal treatment. The school provides fewer athletic opportunities, resources, or facilities to one sex compared to the other.
Common Mistakes in Title IX Cases
| Mistake | Why It Hurts Your Case |
|---|---|
| Not documenting the harassment | Write down every incident as soon as it happens, including dates, times, locations, what was said or done, and any witnesses. Save text messages, social media posts, emails, and any other evidence. Without documentation, it becomes your child’s word against the other party’s. |
| Not reporting to the school in writing | Verbal reports can be denied or forgotten. Always report sexual harassment to the school in writing (email or letter) to the Title IX Coordinator so there is a record of the school’s knowledge and your request for action. |
| Missing the OCR filing deadline | You have 180 days from the discriminatory act to file with OCR. If you miss this deadline, you lose the ability to file an OCR complaint for that incident. Do not wait to see if the school resolves the problem internally. |
| Assuming the school will handle it fairly | Schools have competing interests, including protecting their reputation, avoiding liability, and maintaining relationships with staff. An attorney ensures your child’s rights are prioritized and the school follows its own procedures. |
| Not getting legal help for the accused student | If your child is accused, the Title IX process can result in suspension, expulsion, and a permanent record. Your child needs legal representation from the moment they receive notice of the allegations. |
| Not understanding the standard of proof | Most schools use the preponderance of the evidence standard (more likely than not). This is a lower standard than criminal court. Understanding how evidence is weighed in a Title IX proceeding is critical for both complainants and respondents. |
When Should You Hire a Title IX Lawyer?
You should strongly consider hiring a Title IX lawyer if:
- Your child has experienced sexual harassment or assault and the school is not responding or is responding inadequately
- Your child has been accused of sexual harassment and is facing a Title IX investigation or hearing
- The school has failed to follow its Title IX grievance procedures
- Your child is experiencing retaliation for reporting harassment
- You need to file a complaint with OCR or CHRO
- You are considering a federal lawsuit against the school for deliberate indifference
- The Title IX matter overlaps with school discipline, special education, or criminal proceedings
- Your child is being denied equal athletic opportunities based on sex
Why Choose Maya Murphy, P.C.?
The Connecticut Education Lawyers at Maya Murphy, P.C. represent students and families in Title IX matters throughout Connecticut and New York. We handle cases for students who have experienced sexual harassment and are not getting the school’s support, and we also defend students who have been accused of misconduct in Title IX proceedings.
Title IX cases are sensitive, high-stakes, and procedurally complex. The 2024 federal regulations changed significant aspects of how schools must handle complaints, and Connecticut state law adds additional layers of protection. We guide families through every stage of the process and fight to protect your child’s rights and educational future.
- Recognized by Best Lawyers for Education Law
- 30+ years of experience representing families in Connecticut and New York
- Evening and weekend appointments available
- Spanish-speaking services available
Contact us at (203) 221-3100 or Ask@MayaLaw.com to schedule a confidential consultation.
